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MEMORANDUM
TO: Clerk to the Board
DATE: March 26, 2025
FROM: Jazmyn Trujillo -Martinez, Planning Services Dept.
SUBJECT: BOCC Agenda Item — Approve Road Maintenance
Agreement For:
Living Rock Church of Severance, Inc., dba Calvary Church Severance — USR24-0017
Request to Approve Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant, Living Rock Church of
Severance, Inc., dba Calvary Church Severance, requesting that the Board of County Commissioners
consider approving the Road Maintenance Agreement for (USR24-0017). 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
USR24-0017, and that this item be placed on the next regularly scheduled BOCC Hearing, as part
of the Consent Agenda.
cc: Dawn Anderson, Planning Services
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2025-1110
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ROAD MAINTENANCE AGREEMENT ACCORDING TO •
POLICY REGARDING COLLATERAL FOR IMPROVEMEI
Living Rock Church of Severance, Inc., dba Calvary Church Severance -R24-0017
THIS AGREEMENT is made this 7 day of , 202O, by and between Living
Rock Church of Severance, Inc., dba Calvary Church Severance, a corporation organized under the laws
of the State ofC6l0real) , whose address is P.O. Box 352, Severance, Colorado 80543, hereinafter
referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of
Weld, a body corporate and `politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as
"County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld, Colorado:
Lot A of Recorded Exemption, RECX17-0026; being
part of the W1/2 of Section 6, Township 6 North, Range
66 West of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received Board of County Commissioner conditional approval
of USR24-0017, and
WHEREAS, Property Owner acknowledges that the final approval of USR24-0017 is conditional
upon Property Owner's funding of road maintenance described in this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise; covenant and agree as follows:
PART I: SITE SPECIFIC PROVISIONS
A. Haul Routes: The Property Owner shall be financially responsible for its proportional share of
the County's costs associated with maintaining and/or improving designated haul/travel routes.
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property:
1) North and south along County Road 25 between approved site access and County Road 74.
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 25 and travel north -south
to the nearest paved road for further dispersal. Any County roads used by traffic associated with
USR240017 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
abovementioned 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 Owner.
5.0 Haul Route SigattgL. Property Owner shall install travel route signs, if applicable, as per Manual of
Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by
drivers leaving the facility aria 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.
B. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, as required by the Board:
2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust
control on unpaved designated haul/travel routes after commencement of operation. The amount and
extent of dust control will be determined by site -specific conditions at the time, as determined exclusively
by County personnel. Dust abatement along the relevant haul/travel routes is expected to occur
approximately two to five times per year. Dust abatement is required for roads with more than 200
vehicles per day, per Section 8-6-100 of the Weld County Code.
3.0 Repair• Property Owner shall be financially responsible for its proportional share of
excavation, patching, and pavement repair on designated haul/travel routes. The amount and extent of
repair and paving measures will be determined by site -specific conditions at the time, as determined
exclusively by County personnel.
4.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by
project traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant
Damage. Property Owner shall identify the repair required and shall consult with County on the extent,
type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24)
hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after
receipt of such notice. If Property Owner identifies Significant Damage prior to receiving notice thereof
from County, Property Owner may commence repair of such Significant Damage and shall concurrently
notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus
permanent).
5.0 &pair of Road: On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion
will require paving measures in order to protect the public health, safety, and welfare, and the County has
budgeted sufficient funds for the following calendar year to pay its share of the Off -Site
Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site
Improvements/Repairs shall be undertaken.
5.1 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road repairs/improvements will be
calculated as determined in this Agreement. Property Owner will be invoiced accordingly for
those proportional share costs.
6.0 Calculation of Property Owner's Pr portional Share of Costs. The County shall notify
Property Owner of County's preliminary determination and assessment of Property Owner's proportional
share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes.
Prior to County's final determination and assessment, County shall provide Property Owner with a
reasonable opportunity to review, comment upon and supplement County's data, collection methodology,
and determinations. The County shall review and consider Property Owner's input prior to making a final
determination and assessment. The County shall have sole responsibility for determination of Property
Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within
30 days of receiving an invoice from County.
7.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation
of Property Owner and all other Property Owners and/or Lessees who are required by County to
participate in road improvement/maintenance agreements for the haul routes designated in this
Agreement. As a result of the annual inspection, County, in its sole discretion, shall determine actual
conditions and shall further determine what road repair/improvement/maintenance work is to be
performed during that construction season. Notification to the Property Owner of the required roadway
repairs will be given as soon as the data become available.
8.0 Notification. The County shall notify Property Owner of County's preliminary determination
and assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements
to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment,
County shall provide Property Owner with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review and
consider Property Owner's input prior to making a final determination and assessment.
PART )(1: GENERAL PROVISIONS
A. a _Hits: Property Owner is required to apply for and receive all permits required by the County or
any other applicable local, State, or federal permit, including but not limited to:
1.0 Access Permits. Property Owner shall not use any access onto any County road unless and until an
access permit has been issued by the Department of Planning Services. Planning Services may condition
the issuance of an updated access permit on the amendment of this Agreement if the updated access
permit authorizes the use of an additional access point, or if there is a change in use of the current access
point, as permitted by Article XIV of Chapter 8 of the Weld County Code.
2 .0 Ight-of-Way_(ROW1 ermits. 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, Property Owner has violated any of the
terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which County believes constitute the
violation. Property Owner shall have fifteen (15) days within which to either cure the violation or
demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the
violation is continuing, County may consider Property Owner to be in breach of this Agreement.
2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner
has violated the terms of this Agreement, and has failed to correct said violation, County may exercise
any or all of the following remedies, or any other remedy available in law or equity.
2.1 Withholding Permits. County may "lock" any or all lots within the Property, which
precludes the continued issuance of building permits, zoning permits, septic permits, or any other
permit issued by any department of the County.
2.2 Court Action. County may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Court for the District of Colorado, except that no such civil
action or order shall be necessary to access collateral for the purpose of completing improvements
as described above.
2.3 Revocation of USR Permit. Property Owner acknowledges that failure to comply with
the terms of this Agreement constitutes cause to revoke the USR, and County may exercise this
option in its sole discretion by proceeding with revocation under the then current provisions of
the Weld County Code.
3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after revocation
of the underlying land use approval under Weld County Code Section 23-2-290. However,
County may still exercise all necessary activities under this Agreement that the County
determines necessary to protect the health, safety, and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur
upon Property, Owner's complete cessation of all activities permitted by the USR including any
clean up or restoration required. A partial cessation of activities shall not constitute a Termination
of this Agreement, nor shall County's issuance of a partial release/vacation constitute a
Termination. Unless informed in writing by the Property Owner of cessation of activities, and
verified by the County, cessation shall only be presumed if the County determines that the USR
has been inactive for three (3) years. Property Owner shall not be entitled to a release of Project
or Warranty Collateral unless and until the improvements required by this Agreement are
completed.
3.3 Pxecution of Replacement Agreen_asil This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new property owner or operator
who has purchased the Property or has assumed the operation of the business permitted by the
USR, and intends to make use of the rights and privileges available to it through the then existing
USR.
3.4 Revocation of USR. This Agreement shall terminate following County's revocation of
Property Owner's USR, except that the Property Owner shall only be released from this
Agreement after the successful completion of all improvements required under this Agreement,
which may be completed by County after accessing Property Owner's collateral if Property
Owner fails to complete such improvements.
C. General Provisions.
1.0 Successors and Assign,.
1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in
part, without the prior express written consent of County and the written agreement of the party to
whom the obligations under this Agreement are assigned. Consent to a delegation or an
assignment will not be unreasonably withheld by County. In such case, Property Owner's release
of its obligations shall be accomplished by County's execution of a new Improvements
Agreement with the successor owner of the property.
1.2 County's rights and obligations under this Agreement shall automatically be
delegated, transferred, or assigned to any municipality which, by and through annexation
proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by
this Agreement.
2.0 Severability. If any term or condition of this Agreement -shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of execution within the original
intent of the parties.
3.0 Governmental Immunity_ No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
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 subjectmattercontained 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_Anproval. 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 Co s. In the event of a dispute between County and Property Owner,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of
attorney fees and/or legal costs incurred by or on its own behalf.
9.0 Release of Liability_ Property Owner shall indemnify and hold harmless the County from any and
all liability loss and damage County may' suffer as a result of all suits, actions, or claims of every nature
and description caused by, arising from, or on account of the design and construction of improvements,
and pay any and all judgments rendered against the County on account of any such suit, action or claim,
and notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred
by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or
arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the
liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its
employees while acting within the scope of their employment. All contractors and other employees
engaged in construction of the improvements shall maintain adequate worker's compensation insurance
and public liability insurance coverage and shall operate in strict accordance with the laws and regulations
of the State of Colorado governing occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
11.0 Au ho 'tyto Sign. Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such
party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal
agreement binding on such party and enforceable in accordance with its terms. If requested by the County,
Property Owner shall provide the County with proof of Property Owner's authority to enter into this
Agreement within five (5) days of receiving such request.
12.0 Acknowledgment. County and Property Owner 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.
fl
PROPERTY OWNER: Living Rock Church Of Severance, Inc., dba Calvary Church Severance
By.
Name: —)o?4a. G l et_
Title: Pa
STATE OF COLORADO
s9.
County of Weld
The foregoing instrument was aeknowledgcd belbrc me this 11'clay of ArcfCA .
202_5, by(1)5(0,„l:l
WITNESS my hand and official seal.
SARAITJACOBSEN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184004361
MY COMMISSION EXPIRES JULY 20. 2026
WELD COUNTY:
ATTEST:Y.vosto)
Weld County Clerk to the Board
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APR 2 3 2025
2625-111O
Contract Form
Entity Information
Entity Name* Entity ID*
CALVARY CHURCH SEVERANCE @00049707
Q New Entity?
Contract Name* Contract ID
ROAD MAINTENANCE AGREEMENT LIVING ROCK 9286
CHURCH OF SEVERANCE, INC., DBA CALVARY CHURCH
SEVERANCE USR24-001 7 Contract Lead
JTRUJILLOMARTINEZ
Contract Status
CTB REVIEW
Contract Lead Email
jtrujillomartinez@weld.go
v
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
ROAD MAINTENANCE AGREEMENT LIVING ROCK CHURCH OF SEVERANCE, INC., DBA CALVARY CHURCH
SEVERANCE USR24-001 7 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department
AGREEMENT PLANNING
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department Email
CM-Planning@weld.gov
Department Head Email
CM-Planning-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 04/05/2025
04/09/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date*
04/09/2026
Committed Delivery Date
Renewal Date
Expiration Date*
04/09/2027
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
DAWN ANDERSON
DH Approved Date
04/07/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
04/07/2025 04/07/2025
Tyler Ref #
AG042325
Originator
JTRUJILLOMARTINEZ
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