HomeMy WebLinkAbout20232191.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Assignment of Improvements and Road Maintenance
Agreement for: DPG Farms, LLC, and Calvin Goza c/o J-2 Contracting Company — USR19-0071
DEPARTMENT: Planning Services DATE: July 11, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, J-2 Contracting Company,
requesting that the Board of County Commissioners consider approving Assignment and Assumption of the
Improvements and Road Maintenance Agreement for (USR19-0071) from DPG Farms, LLC, and Calvin Goza
c/o J-2 Contracting Company to DPG Farms, LLC, and Calvin Goza c/o Holcim — WCR, Inc.
Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above
mentioned signed original document and observed the following:
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 Assignment and Assumption for USR19-0071, and that this item be placed on
the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Approve
Recommendation
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
02frittAt
1 3
Schedule
Work Session
PL(DA/sTHt/Ka/Ko)
08/22/23
(PO
o8/go/a3
Other/Comments:
2023-2191
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ASSIGNMENT AGREEMENT REGARDING
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS
This Assignment Agreement Regarding Improvements & Road Maintenance Agreement
According to Policy Regarding Collateral for Improvements ("Assignment Agreement") is by and
between its Parties, J-2 Contracting Company, a Colorado corporation ("J-2"), Holcim — WCR, Inc.,
a Colorado corporation ("Holcim"), and the County of Weld, a body corporate and politic of the
State of Colorado, by and through its Board of County Commissioners ("Weld County").
RECITALS
1. DPG Farms, LLC and Calvin Goza, as owners of the Property (described below), in care
of J-2, as lessee of the Property, and Weld County are parties to the Improvements & Road
Maintenance Agreement According to Policy Regarding Collateral for Improvements ("County
Agreement"), signed by J-2 on November 9, 2020, and approved by Weld County on February 8,
2021, which was recorded in the records of the Weld County Clerk and Recorder on February 17,
2021, at reception number 4683538, a copy of which is attached hereto as Exhibit A.
2. By Assignment and Assumption Agreement dated November 13, 2020, a copy of which is
attached hereto as Exhibit B, DPG Farms, LLC and Calvin Goza assigned all of their respective
rights and obligations under the County Agreement to J-2.
3. The subject real property is located in Weld County, Colorado, and is described as (the
"Property"):
Part of the South '/2 of the South '/2 and North '/2 of the Southeast '/4 of Section 1;
and part of the Northwest 1/4 of the Southwest 1/4, and the North 1/2 of Section 12,
Township 5 North, Range 65 West of the 6th P.M.
4. Under the County Agreement, and on behalf of DPG Farms, LLC and Calvin Goza, J-2
undertook certain obligations to Weld County.
5. By Sublease Agreement dated November 1, 2021, J-2 subleased certain real property,
including the Property, to Aggregate Industries-WCR, Inc., now known as Holcim — WCR, Inc.
Under Section 11 of the Sublease Agreement, Holcim agreed that it shall abide by the terms of the
County Agreement.
6. Holcim, J-2, and Weld County, according to the following terms, agree to the assignment of
J -2's rights and obligations under the County Agreement to Holcim:
TERMS
1. Effective December 1, 2022 (the "Effective Date"), J-2 assigns to Holcim, which Holcim
accepts from J-2, all of J -2's rights and obligations under the County Agreement.
Page 1of2
2. Holcim agrees that it will assume all of J -2's obligations under the County Agreement as of
the Effective Date.
3. Weld County accepts and approves the assignment herein and agrees that it shall enforce the
terms of the County Agreement, as of the Effective Date, as against Holcim.
6r�
Signed this day of /1°,i2 , 2023.
J-2 Contracting Company
By Chris Leone
Title: President
Signed this 27 day of Vbrl.(Qri , 2023.
Holcim — WCR, Inc.
By W. ance Allen
Title: Senior Vice President
.sr
Signed this day of
Board of County Commissioners
Weld County, Colorado
By Mike Freeman
Title: BOCC Chair
, 2023.
Page 2of2
ATTEST: �""4)��'�
Weld 'o ty Clerk o the Board
Deputy C /= rk o t /�: oard
Contract Form
New Contract Request
Entity Information
Entity Name'
DPG FARMS, LLC
Contract Name.
Entity ID'
@00033651
❑ New Entity?
Contract ID
ASSIGNMENT OF IMPROVEMENTS AND ROAD MAINTENANCE 7251
AGREEMENT DPG FARMS, LLC AND CALVIN GOZA C:D J-2
CONTRACTING COMPANY USR19-0071 Contract Lead*
Contract Status
CTB REVIEW
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinezAweldgov.c
om
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description.
ASSIGNMENT OF IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT USR19-007 1 DPG FARMS, LLC AND CALVIN GOZA
C, O J-2 CONTRACTING COMPANY TO DPG FARMS, LLC AND CALVIN GOZA CrO HOLCIM - WCR. INC.
Contract Description 2
Contract Type
AMENDMENT
Amount'
$0.00
Renewable
NO
Automatic Renewal
Grant
IGA
Department
PLANNING
Department Email
CM-PlanningAweldgov.com
Department Head Email
CM -Planning -
De ptHeadAweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEYWELDG
OSSCOM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date
08 02,'2023
Due Date
07,29 2023
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
Review Date.
08,02;2024
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date •
08,02x2025
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
TOM PARK° JR. CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
07,'24'2023 07x'24 2023 07;24;2023
Final Approval
BOCC Approved Tyler Ref #
YES AG 073123
BOCC Signed Date
07,'31,2023
BOCC Agenda Date
0731,2023
Originator
JTRUJILLOMARTINEZ
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