HomeMy WebLinkAbout20221107.tiffRESOLUTION
RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT SITE COLLATERAL FOR RURAL LAND
DIVISION FINAL PLAN, RLDF21-0002 - RICHARD AND PATRICIA STAHL
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, on February 9, 2022, the Weld County Board of Commissioners approved
the application of Richard and Patricia Stahl, 16087 County Road 40, LaSalle, Colorado 80645,
for a Rural Land Division Final Plan, RLDF21-0002, for the Creation of Two (2) Lots in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RE -1748; being part
of the SW1/4 of Section 26, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements and Road Maintenance Agreement According to Policy Regarding
Collateral for Improvements between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Richard and Patricia Stahl, with further
terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with personal check #9417, dated March 29,
2022, issued by JPMorgan Chase Bank, N.A., in the amount of $7,500.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said personal check as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to
Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and Richard and Patricia Stahl,
be, and hereby is, approved.
BE IT FURTHER RESOLVED that personal check #9417, dated March 29, 2022, issued
by JPMorgan Chase Bank, N.A., in the amount of $7,500.00, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
4821495 Pages: 1 of 18
04/25/2022 11:30 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
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2022-1107
PL2810
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT (RLDF21-0002) - RICHARD
AND PATRICIA STAHL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of April, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dgetetiv ic j! ;11
Weld County Clerk to the Board
BY:
APP
County A ttorney
Date of signature: H/21/
4821495 Pages: 2 of 18
04/25/2022 11:30 AM R Fee:$0.00
Carly Koppat, Clark and Raoorder, Wald County , COlIII IktP�'1 lli �I r 'MLA' dell rr�:'1r ri i Fliko, • iii
ott K. James, Chair
Tn—ac
Mikeeeman, Pro -Tern
Lori Sain
2022-1107
PL2810
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
/7)-o7s45.
PASS -AROUND TITLE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for:
Richard and Patricia Stahl — RLDF21-0002
DEPARTMENT: Planning Services DATE: April 5, 2022
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, Richard and Patricia Stahl,
requesting that the Board of County Commissioners consider approving the Improvements and Road
Maintenance Agreement for (RLDF21-0002). Collateral in the amount of $7,500.00, is required with this
agreement for site improvements. Collateral has been provided in the form of a personal check, Check Number
9417, issued by JPMorgan Chase Bank, N.A.
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 "Improvements & Road Maintenance Agreement According To
Policy Regarding Collateral For Improvements', are found to be acceptable.
• This Agreement complies with the terms of the Rural Land Development Permit Resolution, as
signed by the Board of County Commissioners.
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 Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements for RLDF21-0002, and that this item be placed on the next regularly scheduled
BOCC Hearing, as part of the Regular Agenda.
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Seine
Approve Schedule
Recommendation Work Session Other/Comments:
AG6i,2-e,600
2022-1107
PLO
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Richard and Patricia Stahl — RLDF21 -0002
THIS AGREEMENT is made this ,64L- day of Mara , 202 by and between Richard
and Patricia Stahl, whose address is 16087 County Road 40, LaSalle, Colorado 80645, 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."
ty.
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld, Colorado:
Lot A of Recorded Exemption, RE -1748; being part of
the SW1/4 of Section 26, Township 4 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 the Rural Land Division Final Plat, RLDF21-0002, for the creation of Two (2) Lots in the A
(Agricultural) Zone District, and
WHEREAS, Property Owner acknowledges that the final approval of RLDF21-0002 is
conditional upon Property Owner's funding and/or construction of the on -site improvements described in
this Agreement and depicted in the following incorporated exhibits:
Exhibit A-1 — Off -Site Improvements Costs of Construction,
Exhibit B-1 - Off -Site Improvements Construction Schedule,
Exhibit A-2 — On -Site Improvements Costs of Construction,
Exhibit B-2 — On -Site Improvements Construction Schedule,
Exhibit C — Construction Plans,
Exhibit D — Plat Map (recorded simultaneously with this Agreement), and
IN WHEREAS, Property Owner acknowledges no building permits will be issued for any lot
2 described in RLDF2 10002 until said improvements have been completed and accepted by County, and
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WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code
Sec. 24-5-90, if no construction has begun or no use established within three (3) years of the date of the
13 s approval of the final plan or plat, the Board of County Commissioners may require the Property Owner to
m�.- appear before it and present evidence substantiating that the development has not been abandoned, and
ro m 3 that the Property Owner has the willingness and ability to continue development, and
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o LL o WHEREAS, the parties agree that the Property Owner shall provide collateral for certain on -site
e - improvements required by this Agreement when the Board of County Commissioners approves this
i- ET 2 Agreement.
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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. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible
for the construction of certain off -site safety improvements identified in the RLD hearing Resolution,
which may include, but are not limited to: construction of adequate turning radii of sixty-five (65) feet at
the main entrances and exits which extend into county road ROW connecting to the county road system,
and off -site drainage and signage installations, as indicated on the accepted Exhibits. On -Site
improvements that create more run-off than the historical amount may require off -site drainage
improvements to roads and ROW. Any approved access point(s) improvements will include standard
County approved tracking control, and may include a double cattle guard set (one right after the other),
placed back to back across the entire width of the access, to ensure a complete revolution of the truck tires
in order minimize the tracking of mud and debris onto the adjacent County road.
Additional Off -Site Improvements to be constructed prior to operation are:
1) Design and construct the approved, upgraded access road intersection
with Weld County Road 33. Providing all construction materials and
meeting the Weld County Code specifications and CDOT specifications
for Road and Bridge Construction, beginning with a county approved tie-
in at the approved site access and Weld County Road 33.
2) Close and reclaim access points on County Road 40.
1.0 Road Improvements Responsibilities. Property Owner is solely responsible for all the off -site
designated improvements. These responsibilities may include but are not limited to the following: design,
surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and
Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation
facilities, and utilities, traffic control, and project safety during construction. Property Owner shall obey
all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory
agencies.
2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) as
identified in Exhibit A-i detail the costs used in determining the collateral requirement for the off -site
improvements related to the development. A registered Colorado Engineer must sign and stamp the
construction cost exhibit on Exhibit A-1. If more than three (3) years have passed since the last
ME construction cost estimate was provided, the Property Owner shall provide an updated construction cost
estimate prior to the start of construction.
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3.0 Construction Schedule Exhibit. Exhibit B-1 is provided by the Property Owner indicating the
construction schedule for all off -site improvements, including an anticipated completion date. Property
Owner shall not commence construction of any improvements, record plat, or receive any permitting prior
to approval of the of this Agreement, the attached Exhibit C. receipt of the appropriate Grading Permit,
Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all
improvements in accordance with Exhibit B-1 in order to request the warranty period begin. In the event
that the construction schedule is not current, the Property Owner shall submit a revised construction
schedule.
4.0 Off -site Improvements CollateraL As required, collateral is accepted and released by the Board of
County Commissioners pursuant to the Weld County Code. Additional information about collateral is
outlined in Part II.B of this Agreement.
Richard and Patricia Stahl — RLDF21-0002 - ONSIA22-000l
Page 2 of IL
5.0 As -Built Plans. "Asbuilt" plans shall be submitted at the time the letter requesting release of
collateral is submitted or once the Property Owner has completed improvements as described in Part II.B,
Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built
drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered
Professional Land Surveyor or Professional Engineer.
B. On -Site Improvements: Property Owner shall be responsible for the construction of all On -Site
Improvements as shown on the accepted Exhibits RLDF21-0002. Improvements located on the Property
shall be considered "On -Site Improvements."
1.0 On -Site Improvements Responsibilities. Property Owner is solely responsible for all designated
improvements. These responsibilities include but are not limited to the following, as applicable: design,
surveys, utility locates, dedication of ROW, if necessary, ROW acquisition, if necessary, ROW and
Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation
facilities and utilities, traffic control, and project safety during construction. Property Owner shall at its
own expense, plant, install and/or maintain all grass and other landscaping and re -seeding where
applicable as shown on the accepted Exhibits. Additionally, the Property Owner shall install and/or
maintain fencing to screen the property where applicable as indicated on the accepted Exhibits. Property
Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration
(OSHA), Colorado Department of Transportation (CDOT), Colorado Department of Public Health and
Environment (CDPHE), and other Federal, State, or County regulatory agencies.
2.0 On -Site Grading, Drainage Facilities and Paving. Property Owner shall, at its sole expense, grade
and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted
drainage and signage components, adjacent to or within the interior portion of the property in accordance
with the directives of the Weld County Department of Public Works and Department of Planning
Services, as further described in the accepted Exhibits. Any other on -site improvements shall be
completed as indicated on the accepted Construction Plans for this facility. Property Owner shall be
responsible for all maintenance of the on -site improvements. Some of these improvements may include
work extending into State or County ROW in which case a ROW or access permit is required.
3.0 Cost of Construction Exhibit. If applicable, A registered Colorado Engineer or equivalent must
sign and stamp the construction cost estimate on Exhibit A-2. If more than three (3) years have passed
since the last construction cost estimate was provided, the Property Owner shall provide an updated
construction cost estimate prior to the start of construction.
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4.0 Construction Schedule Exhibit. Exhibit B-2, provided by the property owner indicates the
construction schedule for all on -site improvements, including an anticipated completion date. Property
Owner shall not commence construction of improvements prior to approval of this Agreement, including
the attached Exhibits, and receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit,
if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit
B2 in order to request the warranty period begin. In the event that the construction schedule is not current,
the Property Owner shall submit a revised construction schedule.
5.0 On -site Improvements Collateral. Collateral is accepted and released by the Board of County
Commissioners pursuant to the Weld County Code. In order to receive partial or full release of collateral,
Property Owner must contact either the Planning Department who conducts inspections for all on -site
improvements, and/or the Public Works Department who conducts inspections for all off -site
improvements. If all improvements are determined to be in accordance with this approved agreement, the
Property Owner may submit either new or revised collateral documentation to the Public Works
Department. Then Public Works submits the documentation to the Clerk to the Board's office, for the
Richard and Patricia Stahl — RLDF21-0002 - ONSIA22-0001
Page 3 of 11.
request to be placed on the BOCC agenda. Additional information about collateral is outlined in Part ll.B
of this Agreement.
6.0 As -Built Plans. "Asbuilt" plans shall be submitted once the Property Owner has completed
improvements as described in Part ll.B, Subsection 3.2.3, of this Agreement. Property Owner shall
provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and
dated by a licensed and registered Professional Land Surveyor or Professional Engineer.
PART II: GENERAL PROVISIONS
A. Engineering and Construction Requirements:
1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering
services in connection with the design and construction of the off -site improvements and all on -site
drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit,
identified on the accepted Construction Plans according to the construction schedule set forth in the
construction schedule exhibits. The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and
criteria established by the County for public improvements. The required engineering services shall
consist of, but not be limited to: surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
2.0 RightsofWay and Easements. Before commencing the construction of any off -site improvements
herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good
and sufficient ROW and easements made necessary for the improvements. The County will not exercise
eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads
to be accepted by the County shall be conveyed to the County on County -approved forms and the
documents of conveyance shall be furnished to the County for acceptance with express written authority
of the BOCC and recording.
3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and
any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall
be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being
completed also in accordance with the schedule set forth in the construction schedule exhibits. The Board
of County Commissioners, at its option, may grant an extension of the time of completion set forth in
construction schedule exhibits stated herein upon application by the Property Owner. Said construction
shall be in strict conformance to the plans and drawings accepted by the County and the specifications
adopted by the County.
4.0 Testis . Property Owner shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction; and shall furnish copies of test
results to the County. If County discovers inconsistencies in the testing results, Property Owner shall
employ at its expense a third party qualified testing company approved by County. Such third party shall
furnish the certified results of all such testing to the County. At all times during said construction, the
County shall have the right to test and inspect material and work, or to require testing and inspection of
material and work at Property Owner's expense. Any material or work not conforming to the approved
plans and specifications, including but not limited to damages to property adjacent to the construction
plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of
Property Owner.
Richard and Patricia Stahl — RLDF21-0002 - ONSIA22-0001
Page 4 of 10.
5.0 Construction Standards. Design and construction of all of site improvements shall conform to
the current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld
County Engineering and Construction Guidelines.
6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of
issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County
review. During construction, appropriate safety signage shall be posted in accordance with the then -
current version of the Manual of Uniform Traffic Control Devices.
B. Collateral:
1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to
guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is required for
completion of certain on -site and all off -site improvements as applicable, as described in this Agreement;
(2) Warranty Collateral is required for all off -site improvements during the two-year warranty period;
and (3) Road Maintenance Collateral is required to be kept in place for the life of the permit/project.
Collateral acceptance and release is governed by the Weld County Code.
1.1 Project Collateral shall be submitted to guarantee completion of certain on -site and all
required off -site improvements identified in the Exhibits. Project Collateral must be submitted in
an amount equal to 100% of the value of the improvements, as calculated in the cost of
construction exhibits. Project Collateral must be submitted at the time of execution of the
Agreement, unless otherwise directed by the Board of County Commissioners. In the event that
Property Owner fails to adequately complete the required improvements, County may, in its sole
discretion, access Project Collateral for the purpose of completing such improvements. It may be
necessary to provide additional collateral in the event the cost estimate is older than three (3)
years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN
SUBMITTED AND ACCEPTED BY THE COUNTY.
1.2 Warranty Collateral shall be submitted and held by the County until release after the two-
year warranty period following the County's initial approval of the improvements. Warranty
Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property
Owner fails to adequately complete or repair improvements during the warranty period, County
may, in its sole discretion, access Warranty Collateral for the purpose of completing such
improvements.
2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash
deposit, subject to the requirements and restrictions of section 2-3-30 of the Weld County Code, as that
section may be amended from time to time.
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3.0 Release of Collateral. Collateral shall be released in accordance with section 2-3-30 of the Weld
County Code. For collateral release, the Planning Department conducts inspections for on -site
improvements, and the Department of Public Works conducts inspections for off -site improvements.
3.1 Timing of Release. Project Collateral may be released upon completion of all
improvements required by the Exhibits after initial approval by the County. Warranty Collateral
shall be withheld by County from and at the time of release of Project Collateral, or may be
submitted separately by Property Owner. Warranty Collateral may be released upon the approval
of the County at the end of the two-year warranty period. Road Maintenance Collateral may be
withheld from and at the time of release of Warranty Collateral, or may be submitted separately
by Property Owner.
Richard and Patricia Stahl — RLDF21-0002 - ONSIA22-0001
Page 5 of 11.
3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the
entire project or for a portion of the project, the Property Owner must present a Statement of
Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of
Substantial Compliance shall state that the project or a portion of the project has been completed
in substantial compliance with accepted plans and specifications documenting the following:
3.2.1 The Property Owner's Engineer or his representative has made regular onsite
inspections during the course of construction and the construction plans utilized
are the same as those accepted by Weld County.
3.2.2 For the improvements to public rights -of -way or easements, test results must be
submitted for all phases of this project as per Colorado Department of
Transportation (CDOT) Schedule for minimum materials sampling, testing and
inspections found in CDOT Materials Manual.
3.2.3 "Asbuilt" plans shall be submitted at the time the letter requesting release of
collateral is submitted or at such time as the Property Owner has completed
improvements as shown on the Exhibit C and/or Exhibit D, and shall be
stamped and approved by an Engineer registered in the State of Colorado, if an
Engineer was initially required for the project. The Property Owner's Engineer
shall certify that the project "asbuilt" is in substantial compliance with the plans
and specifications as approved, or that any material deviations have received
prior written acceptance from the County Engineer.
3.3 County's Response to Request for Release of Collateral. Following a written request for
release of collateral, County personnel will inspect the improvements as provided in this
Agreement. Upon approval, the Board of County Commissioners may release said collateral.
C. Acceptance of Improvements:
1.0 Acceptance of On -Site Improvements: Upon completion of construction of all required on -site
improvements as described in the Construction Plans, Property Owner shall submit to the Weld County
Department of Planning a Statement of Substantial Compliance, and shall request inspection of the On -
Site Improvements. County personnel shall then inspect the improvements. If the County determines the
improvements were not constructed in accordance with the Construction Plans, the County shall direct the
Property Owner to correct the deficiencies. If the County determines the improvements were constructed
in accordance with the Construction Plans, the County shall approve the improvements and request the
2 Board of County Commissioners authorize release of collateral for On -Site Improvements.
8
s 2.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property
an Owner shall contact the Weld County Departments of Planning Services and Public Works and request an
= inspection of such improvements. Upon request, County personnel will initiate the inspection, approval,
0 xC and acceptance process.
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3.0 Inspection, Approval, and Acceptance Process:
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o o m 3.1 Upon completion of construction of all off -site improvements as described in the
°° CE it. Tel Construction Plans, Property Owner shall submit to the Weld County Department of Public
ii I M Works a Statement of Substantial Compliance by Property Owner's Engineer along with "as-
o:a Y & built" drawings as required in B.3.2.3, above, and shall request County inspection of the Off -Site
d " it.m. Improvements. County personnel shall then inspect the improvements. If the County determines
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Richard and Patricia Stahl — RLDF21-0002 - ONSIA22-0001
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the improvements were not constructed in accordance with the Construction Plans, the County
shall direct the Property Owner to correct the deficiencies. If the County determines the
improvements were constructed in accordance with the Construction Plans, the County shall
initially approve the Off -Site Improvements.
3.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period.
Upon completion of the two-year warranty period, County Public Works personnel shall, upon
request by the Property Owner, inspect the subject improvements, and notify the Property Owner
of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the
deficiencies. County personnel shall re -inspect the improvements after notification from the
Property Owner that said deficiencies have been corrected. If the County personnel fmds that the
improvements are constructed according to County standards, he or she shall approve the
improvements. Such final approval shall authorize the Property Owner to request the Board of
County Commissioners to release the Warranty Collateral.
3.3 Placement of Improvements into Service Prior to County Approval. If requested by the
Property Owner and agreed by the County, portions of the improvements may be placed in
service when completed according to the schedule shown on the construction schedule exhibit,
but such use and operation shall not alone constitute an approval or acceptance of said portions of
the improvements. County may, at its option, issue building permits for construction for which
the improvements detailed herein have been started but not completed according to the schedule
shown on the construction schedule exhibit and may continue to issue building permits so long as
the progress of work on the improvements is satisfactory to the County, and all terms of this
Agreement have been faithfully kept by Property Owner.
3.4 The Board of County Commissioners does not accept any On -Site Improvements for
maintenance purposes. On -Site Improvements may only be accepted as dedicated for public use.
Maintenance of on -site improvements is the responsibility of the Property Owner or its successor,
including the Homeowners' Association. The Board of County Commissioners does not represent
or ensure the on -site improvements will be constructed and/or available for their intended use(s).
The County does not and shall not assume liability for improvements designed and/or constructed
by others.
D. Permits: The 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 Public Works. Public Works 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.
E. Enforcement and Remedies:
Richard and Patricia Stahl — RLDF21-0002 - ONSIA22-0001
Page 7 of 11.
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 Access and Use of Collateral. County may access and use collateral to address the issues
specific to the violation. For example, the County may access and use Project Collateral in order
to complete improvements as required by the Construction Plans, when such improvements have
not been completed in accordance with the Construction Schedule.
2.2. 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.
2.3 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.
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. 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.
3.3 Execution of Replacement Agreement. This Agreement shall terminate following
County's execution of a new Improvements Agreement regarding the subject matter of this
Agreement related to the Property, provided that the new Improvements Agreement expressly
2 supersedes this Agreement.
F. General Provisions:
0
57
1.0 Successors and Assigns.
U
a 3 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
coo -m without the prior express written consent of County and the written agreement of the party to
ell J whom the obligations under this Agreement are assigned. Consent to a delegation or an
u o 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.
payer
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a_ 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
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N N L Richard and Patricia Stahl — RLDF21-0002 - ONSIA22-0001
facia Page 8 of Fi.
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 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.
6.0 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.
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7.0 Attorneys' Fees/Legal Costs. 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.
8.0 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.
9.0 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.
Richard and Patricia Stahl — RLDF21-0002 - ONSIA22-0001
Page 9 of 1d.
10.0 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 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.
11.0 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.
12.0 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.
Richard and Patricia Stahl — RLDF21-0002 - ONSIA22-0001
Page l0ofId.
PROPERTY O R: Richard S
By:
Name:
Title:
PROP:' /OWNER: P'a
By: / �� �'�°�'
ld
Name:
Title:
?air)`c t`ei Ste(
STATE OF COLORADO
County of Weld
Date < e2 5/2
Date 3/2 55/ :..
SS.
The foregoing instrument was acknowledged before me this Z51 nday of Mar____ k
2021, by gtCi')ard P. 5htk l coy! fair is lot 5-6 Pi 1
WITNESS my hand and official seal.
Notary Public
WELD COUNTY:
AI JEST:
Weld C
BY:
ty Clerk to the Bo : d
Deputy Cle 1 to e Bo
SEI So TREVINO JR.
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 19974008816
MY COMMISSION EXPIRES JUL 19, 2025
BO OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
Slott K. James, Chair APR 1 8 2022
Richard and Patricia Stahl — RLDF21-0002 — ONSIA22-0001
Page 11 of 1 3
0ZoO -Iio7
BUXMAN EXCAVATING, LLC.
32186CR29
Greeley, CO. 80631
Name / Address
Richard Stahl
16087 CR 40
LaSalle, CO. 80645
Description
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This is a bid to build a 18' road with 1' gutters approximately 150' long for Lot 2-1.
included is cutting in road and gutters. placing and compacting 4" of sub base and
another 4" of base course material. ***We
can begin this project in early April with about 2 days of construction. We would
for sure be completed by the end of April.
Terms
GOOD FOR 30 DA...
Qty
Phone #
970-301-6038
E-mail
donbuxman@gmail.com
Project
Total
7,500.00
Total
$7,500.00
EXHIBIT B-1 - Time Schedule (OFF -SITE)
Name of Subdivision, PUD, USR, RE, SPR: RLDF22-0002 Filing/Case #: RLDF22-0002 Location: S26 - T4N - R66W
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit A-7 shall be completed as follows:
Improvements
(Leave spaces blank where they do not apply)
Time Schedule
TOFF-SITEI
,[,PUBLIC WORKS,L
Survey, Street Monuments/Boxes
Street Grading
Street Base
3 s`
Street Paving
Pavement Marking
Entrance/Access Improvements
Road Culvert
Sidewalks, Curbs, Gutters, and Culverts
(OFF -SITE)
Dust Control (per Sec. E.-7.5.2)
Road Maint. Collateral (per Sec. E.-7.5)
IPLANNING SERVICES,[,
Sidewalks, Curbs, Gutters, and Culverts
(ON -SITE)
Fire Hydrants
Site Grading
Retention / Detention Ponds
Stormwater/Drainage Facilities
Erosion Control Measures/BMP's
Grass Lined Swale
Subsurface Drainage
Ditch Improvements
Parking Area, Curb Stops, Bus Kiosks,
Mailboxes
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
Park Improvements
Handicap Accessibility, Parking & Rails
,[,Health Department,[,
Septic Systems
Final Completion Date for Entire Proiect
4821495 Pages: 15 of 18
04/25/2022 11:30 AM R Fao:$0.00
Carly Koppel, Clerk and Rsoordar, Weld County , CO
ii Fer11 1irj:kliit C:ia 'mew 11111
EXHIBIT A-2 - Cost Sheet (ON -SITE )
Name of Facility:
Personnel Contact: Name
Filing/Case #:
Title:
Location:
Phone:
Intending to be legally boundthe undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements
i
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(Leave spaces where they not apply )
Ouantitv
Units
Unit Costs (5)
Estimated Construction
Cost (5)
,,PUBLIC WORKS,J.
Survey, Street Monuments/Boxes
Street Grading
Street Base
Street Paving
Pavement Marking
Entrance/Access Improvements
Road Culvert
Dust Control (per Sec. E.-7.5.2)
Road Maint. Collateral (per Sec. E.-7.5)
,I,PLANNING SERVICES,J.
Sidewalks
Curbs, Gutters, and Culverts
Fire Hydrants
Site Grading
Retention / Detention Ponds
Stormwater/Drainage Facilities
Erosion Control Measures/BMP's
Grass Lined Swale
Subsurface Drainage
Ditch Improvements
Parking Area, Curb Stops, Bus Kiosks,
Mailboxes
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
Park Improvements
Handicap Accessibility, Parking & Rails
1 Health Department,J.
Septic Systems
,SUB -TOTAL:
(Testing, inspection, as -built plans and work in addition to preliminary and
Engineering and Supervision Costs ($) final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION ($)
4821495 Pages: 16 of 18
04/25/2022 11:30 AM R Fee :$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
DAN IVr4MI:Villi k 11111
EXHIBIT B-2 - Time Schedule (ON -SITE)
Name of Subdivision, PUD, USR, RE, SPR: Filing/Case #: Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within _years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit A-2 shall be completed as follows:
Improvements
(Leave spaces blank where they do not apply)
Time Schedule
(ON -SITE)
.,PUBLIC WORKS.,
Survey, Street Monuments/Boxes
Street Grading
Street Base
Street Paving
Pavement Marking
Entrance/Access Improvements
Road Culvert
Sidewalks, Curbs, Gutters, and Culverts
(OFF -SITE)
Dust Control (per Sec. E.-7.5.2)
Road Maint. Collateral (per Sec. E.-7.5)
..PLANNING SERVICES.,
Sidewalks, Curbs, Gutters, and Culverts
(ON -SITE)
Fire Hydrants
Site Grading
Retention / Detention Ponds
Stormwater/Drainage Facilities
Erosion Control MeasuresBMP's
Grass Lined Swale
Subsurface Drainage
Ditch Improvements
Parking Area, Curb Stops, Bus Kiosks,
Mailboxes
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
Park Improvements
Handicap Accessibility, Parking & Rails
,Health Department.,
Septic Systems
Final Completion Date for Entire Project
4821495 Pages: 17 of 18
04/25/2022 11:30 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
Illilnialthleililin Dh'li Ml+i PallIPIIIVI :1 N ,l.I 11111
48Z1495 Pages: 18 of 18
04/25/2022 11:30 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
I Mrdll'IlimNialifilillkiiistY,Ihdri1/2.1hriVii.lilivik 111111
07/26/21 7 22 060M, Dethcw
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Driveway Exhibit:
EXCEPTED PARCEL
RECEPTION NO.
01887832
NOT INCLUDED
PROPERTY LINE (TYP)
SWALE
18' DRIVEWAY
V SHOULDERS
DRIVEWAY SECTION
NTS
SCALE: 1"=10'
GARAGE
z'
SWALE
EXISTING DRIVE
(TYP.)
RESIDENCE
LANDMARK
ENGINEERING
Contract Form
New Contract Request
Entity Name*
STAHL, RICHARD
Entity ID*
0'00045370
New Entity?
Contract Name Contract ID
ON -SITE IMPROVEMENTS AND ROAD MAINTENANCE 5730
AGREEMENT RICHARD AND PATRICIA STAHL RLDF21-00022
Contract Status
CTB REVIEW
Contract Lead*
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgov.c
am
Parent Contract ID
Requires Board Approval
YES
Department Project
Contract Description*
ON -SITE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT RICHARD AND PATRICIA STAHL RLDF21-0002 $7,500.00
COLLATERAL REQUIRED PROVIDED IN THE FORM OF PERSONAL CHECK #941 7, ISSUED BY JPMORGAN CHASE BANK, N.A.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$7,500.00
Renewable*
NO
Automatic Renewal
Department
PLANNING
Department Email
CM-Planning@weldgov.com
Department Head Email
CM -Planning- Does Contract require Purchasing Dept. to be included?
DeptHead rreldgov.cam NO
Requested BOCC Agenda
Date*
04/13/2022
Due Dare
04,,09,2022
Will a work session with BOCC be required?*
NO
County Attorney
GENERAL COUNTY
A I I _ ORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EYOWYELDG
OV.COM
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
Effective Pare
Review Date*
04.13{2023
Renewal Date
ice Period
Committed Delivery Date.
Expiration Date
04;13,2024
Contact Info
Contact Name
tll
Approval Process
Department Head
TOM PARK° JR.
DH Approved Date
04/06 e 2022
BOCC Approved
BOCC Signed Date
BOCC Agenda. Date
04/18;2022
Originator
JTRUJILLOMARTINEZ
Contact Type Contact Email Contact Phone I Contact Phone 2
Finance Approver
CHERYL PA I I ELLI
Purchasing Approved Date
Legal Counsel
BRUCE BARKER
finance Approved Date Legal Counsel Approved Date
04,,08/ 2022 04,'0812022
Tyler Ref #
AG 041822
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RICHARD R. STAHL
16087 W C R 40 970-371-2787
LA SALLE, CO 80645
PAY TO THE
ORDER OF
CHASE()
1PMorgan Chase Bank, N.A.
www.Chase.com
MEMO roc -As,
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4..:_w23'f" :-JL:�..atYt...-.4�ak: •..._... -
23-101/1020
DATE 9/442?
9417
� $ '7,rvo , o0
DOLLARS
Seaway Fosenes
included
Nowa on Bah
RECEIPT
RECEIVED FROM
ADDRESS
FOR
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CASH
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MONEY
ORDER
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