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Home My WebLink About20230703.tiffBOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance Agreement for: Dale & Teresa Dexter — ZPAG22-0016 DEPARTMENT: Planning Services DATE: February 13, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicants, Dale & Teresa Dexter, requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for (ZPAG22-0016). 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 "Roacl Maintenance Agreement According To Policy', are found to be acceptable. This Agreement complies with the terms of the Zoning Permit conditional Approval, as signed by the Director of Planning Services. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. 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 ZPAG22-0016, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Approve Schedule Recommendation Work Session Other/Comments: (DA/�SmM/KR/c6) 03/2.1/23 °It) 413/3 2023-0703 a5a0 ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Dale & Teresa Dexter — ZPAG22-0016 THIS AGREEMENT is made this / 0 day of l , 2021, by and between Dale & Teresa Dexter, whose address is 8326 County Road 31, Fort Lupton, Colorado 80621, hereinafter referred to as "Property Owners," 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 Owners is the Owners of the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption, RE -2716; being a part of the W1/2 SW1/4 of Section 22, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owners has received the Director of Planning Services conditional approval of ZPAG22-0016, and WHEREAS, Property Owners acknowledges that the final approval of ZPAG22-0016 is conditional upon. Property Owner's understanding 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. Travel Routes: The Property Owners shall be financially responsible for its proportional share of the County's costs associated with maintaining and/or improving designated travel routes. 1.0 Travel. Routes. The following roads are designated as travel routes for the Property: 1) East and west along CR 20 and CR 18 between CR 31 and US Highway 85. 2) North and south along CR 31 between CR 20 and CR 18. 2.0 Traffic shall enter and exit the site at the approved access on CR 31 and remain on paved road for further dispersal. Any County roads used by traffic associated with ZPAG22-0016 may become part of the established haul/travel routes. 3.0 Weight. Limits. No travel vehicles may exceed COOT 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 tnore Dale & Teresa Dexter — ZPAG22-0016 — RMA23-0001 Page 1 of 7 awao-O 7e3 than six (6) months or requests for one (l.) 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 Owners. 5.0 Haul Route Signane. Property Owners 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. B. Maintenance Requirements: CO Off -site recurring maintenance, as required: 2.0 Repair. Property Owners 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. 3.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owners of such Significant Damage. Property Owners 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 Owners identifies Significant Damage prior to receiving notice thereof from County, Property Owners may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials, and quality of repair (i.e., temporary versus permanent). 4.0 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul/travel route road portion will require paving measures in order to protect the public health, safety, and welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off -Site Improvement/Repair Costs, County shall notify Property Owners in writing that the Off -Site Improvements/Repairs shall be undertaken. 4.1 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 Owners will be invoiced accordingly for those proportional share costs. 5.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property Owners 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 Owners 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 Dale & Teresa Dexter — ZPAG22-0016 — RMA23-0001 Page 2 of 7 Owvner's proportional share of costs. Property Owners agrees to pay such proportional share of costs within 30 days of receiving an invoice from County. 6.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of Property Owners and all other Property Owners andior 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 constniction season. Notification to the Property Owners of the required roadway repairs will be given as soon as the data become available. 7.0 Notification. The County shall notify Property Owners 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 Owners with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. PART II: GENERAL PROVISIONS A. Permits: Property Owners 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 Owners shall not use any access onto any County Road unless and until an access permith. 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, Property Owners has violated any of the terms of this Agreement, County shall notify Property Owners of its belief that the Agreement has 3 • - been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owners shall have fifteen (15) days within which to either cure the violation or a3 demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the ''`l violation is continuing, County may consider Property Owners to be in breach of this Agreement. v� Oac.i Mom 2.0 Remedies for Breach by Property Owners. In the event that County determines that Property Owners has violated the terms of this Agreement, and has failed to correct said violation, County may as 5g exercise any or all of the following remedies, or any other remedy available in law or equity. .+U1 B � v�a� EE pjN p_NO`� Dale & Teresa Dexter — ZPAG22-0016 — RMA23-0001 ad a L = Page 3 of 7 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 tiling 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 ZPAG Permit. Property Owners acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the ZPAG, 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 23-4-1240. 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 ZPAG 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 releaseivacation constitute a Termination. Unless informed in writing by the Property Owners of cessation of activities, and verified by the County, cessation shall only be presumed if the County determines that the ZPAG has been inactive for three (3) years. Property Owners 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 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement with a new property Owners or operator who has purchased the Property or has assumed the operation of the business permitted by the ZPAG and intends to make use of the rights and privileges available to it through the then existing ZPAG. 3.4 Revocation of ZPAG. This Agreement shall terminate following County's revocation of Property Owner's ZPAG, except that the Property Owners shall only be released front 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 Owners fails to complete such improvements. General Provisions: Successors and Assigns. 1.1 Property Owners 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 Dale & Teresa Dexter — ZPAG22-0016 — RMA23-0001 Page 4 of 7 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 Inrprovements Agreement with the successor Owners 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 arty 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 Owners, 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 Owners 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 Dale & Teresa Dexter — ZPAG22-0016 — RMA23-0001 Page 5 of 7 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 tl:t.ei.r employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal. agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owners 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 Owners 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. Dale & Teresa Dexter — ZPAG22-0016 — RMA23-0001 Page 6 of 7 PROP ° RTY OW'' i R D. . Dexter By: "d NarneOde pc ( Title: ©414 PROPER Y OWNER: Teresa Dexter By: Name: 1 Y ≤CU `Der -k Title: CL/ )ler STATE OF COLORADO County of Weld Date 7/OA) Date SS. 5_//o/a3 The foregoing instrument was acknowledged before me this I O day of pc, ul 2025, by DOJE- 1D- e,X+e v- a-Gc I Eve WITNESS my nano ano orrlcial seal. DAWN LEA KOSHIO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104038580 MY COMMISSION EXPIRES SEPTEMBER 21, 2026 WELD COUNTY: ATTEST: Weld Co BY: , ) Clerk to the Boar Deputy Cler to th Notary Public BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Ike Freeman, Chair MAR 1 3 2323 Dale & Teresa Dexter — ZPAG22-0016 — RMA23-0001 Page 7 of 7 O2O02 3 -0703 Contract Form qu Entity Name* DEXTER, DALE Entity ID* '00046747 ❑ New Entity? Contract Name* Contract ID ROAD MAINTENANCE AGREEMENT ZPAG22-0015 DALE AND 6738 TERESA DEXTER Contract Status CTB REVIEW Contract Lead* JTRUJILLOMARTINEZ Contract Lear! Email jtrujillomart nez@weldgov.c am Parent Cmtract ID Requires 3oard Approval YES Department Project # Contract Description* ROAD MAINTENANCE AGREEMENT ZPAG22-0015 DALE AND TERESA DEXTER NO COLLATERAL REQUIRE) Contract Description 2 Contract Type* AGREEMENT Amount* $0.00 Renewable* NO Automatic Renewal Grant Department PLANNING Department Email CM-Planning@weldgay.com Department Head Email CM-Planning- DeptHead@nreldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELDG OV.COM Requested BOCC Agenda Date* 03/13/2023 Due Dale 03/05/2023 Will a work session with BOCC be requred?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MINA enter MESA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if these contracts are not in OnBase Con a; Effective Date Review Date* 03(13/2024 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 03113/2026 Coni ati Contact Name Approval Praces Department Head TOM PARKO JR. DH Approved Date 03i06/2023 Final iAtpproval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/13/2023 Originator JTRUJ ILLOMARTI NEZ Contact Type Contact Email Finance Approver CHERYL PATTELLI Contact Phone 1 Purchasing Approved Date Finance Approved Date 03/07/2023 Tyler Ref aF AG 031323 Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 03,07/202'3 Hello