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Home My WebLink About20222997.tiffBOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS AROUND TITLE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: Ready Mixed Concrete Company LLC — 2MJUSR21-02-1343 DEPARTMENT: Planning Services DATE: October 11, 2022 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, Ready Mixed Concrete Company LLC, requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for (2MJUSR21-02-1343). 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 "Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. This Agreement complies with the terms of the 2nd Amended Use by Special Review 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 2MJUSR21-02-1343, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Seine foftty.2O2 Approve Schedule Reco eion Work Session Other/Comments: PL (DA /31r1/Kit/K0) CC: i i/7/22 2022-2997 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Ready Mixed Concrete Company, LLC — 2MJUSR21-02-1343 THIS AGREEMENT is made this 11' day of OCTo E, 2022, by and between Ready Mixed Concrete Company, LLC, a limited liability company organized under the laws of the State of Colorado, whose address is 2500 E. Brannan Way, Denver, Colorado 80229, 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: NE1/4NW1/4 and SW1/4 SE1/4, Sl/2 SW1/4 andNE1/4, NWl/4 SE1/4; being part of Section 28, Township 3 North, Range 67 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 approval of 2MJUSR21-02-1343, and WHEREAS, Property Owner and County have previously entered into a Road Maintenance Agreement, Reception Number 4672921, Tyler Number 2020-3870, on December 23rd, 2020, and Parties acknowledge that the prior agreement is hereby replaced in its entirety by this Agreement, and WHEREAS, 2MJUSR21-02-1343 and the prior Road Maintenance Agreement contemplate occasional, relatively low -volume use of WCR 28 to access the Property for maintenance functions, oil and gas equipment, and in emergencies, and WHEREAS, Property Owner acknowledges that the fmal approval of 2MJUSR21-02-1343 is conditional upon Property Owner's understanding of the off -site improvements and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A — Future Off -Site Improvements Costs of Construction, to be attached if/when triggered, pursuant to Part I, B., below Exhibit B — Future Off -Site Improvements Construction Schedule, to be attached if/when triggered, pursuant to Part I, B., below Exhibit C — Construction Plans, to be attached when triggered pursuant to Part I, A., below Exhibit D — Plat Map, and WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein within three (3) years of the approval of 2MJUSR21-02-1343, if/when triggered, may result in the revocation or suspension of 2MJUSR21-02-1343, upon consideration and order of the Board of County Commissioners, and Ready Mixed Concrete Company, LLC — 2MJUSR21-02-1343 - IA22-0003 Page 1of12 o,7(72-07997 WHEREAS, the parties agree that the Property Owner shall provide collateral for off -site improvements as required by this Agreement if/when the future off -site improvements are triggered. 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 as identified in the USR 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 Rights -of -Way (ROW) connecting to the County road system, and off -site drainage and signage installations, as indicated on the accepted Exhibit D and future Exhibit C, as required. 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. B. Future Off -Site Improvements: 1.0 Traffic Triggers. When the traffic associated with the 2nd Major Amended Use by Special Review Permit reaches certain safety thresholds as set forth in this agreement, the Property Owner shall design, and construct required road improvements based on the amount of traffic being generated by the site. The Property Owner's development does not currently meet the traffic safety triggers requiring the improvements specified below; however, off -site, or phased improvements maybe warranted in the future. 1.1 Property Owner shall be required to design, obtain right-of-way, relocate utilities, and construct said auxiliary lanes into their site if/when all traffic to/from the Property using Weld County roadways meets the following traffic triggers: Design and construct a paved roadway along CR 28 from CR 17 to CR 19 or participate in proportional share of county determined paving whenever traffic exceeds gravel capacity (400 VPD) or becomes a safety hazard to traveling public. Property Owner shall design and construct a left deceleration/turn lane on CR 28 whenever traffic exceeds 10 vehicles per hour (VPH) turning left into the Property for an average daily peak hour. Property Owner shall design and construct a right deceleration/turn lane on CR 28 whenever traffic exceeds 25 VPH turning right into the Property for an average daily peak hour. Property Owner shall design and construct a right acceleration lane on CR 28 whenever traffic exceeds 50 VPH turning right out of the Property for an average daily peak hour. Property Owner shall design and construct a left acceleration lane on CR 28 whenever traffic exceeds 50 VPH turning left out of the Property for an average daily peak hour. In conjunction with the Town of Firestone as the controlling jurisdiction, and to the extent directed by Firestone, Property Owner shall contribute proportionally to Ready Mixed Concrete Company, LLC — 2MJUSR21-02-1343 — IA22-0003 Page 2 of 12 the design and construction of improvements on CR 19 at the intersection with Highway 66, including turn lanes and/or signalization of the intersection. Property Owner shall comply with any potential needed safety improvements to Highway 66, in accordance but not limited to Access Control Plans (ACP) and Planning and Environmental Linkages (PEL) Studies conducted by CDOT. 2.0 Property Owner's Responsibilities regarding Future Triggers. Property Owner is solely responsible for the cost and construction of required improvements. These responsibilities may include but are not limited to the following, as applicable: design, surveys, utility locates, acquisition of ROW, dedication of ROW, 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. 3.0 Cost of Construction Exhibit. When any trigger is met, the Property Owner shall submit Exhibit A within six (6) months of being notified regarding the need for the triggered improvements, indicating the cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral requirement for the development. Construction costs must be obtained through a registered Colorado Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that have project collateral. New or additional collateral may be required for the triggered improvements. If required, collateral shall be submitted at the same time as Exhibit A. Exhibit A shall be attached to this Agreement and incorporated herein once approved by the County. 4.0 Construction Schedule Exhibit. When any trigger is met, the Property Owner shall submit Exhibit B within six (6) months of being notified regarding the need for the triggered improvements, indicating the construction schedule, and including completion date for the improvements. Property owner shall not commence construction of improvements prior to approval of the Construction Plans and receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit. Property Owner shall complete all improvements in accordance with the construction schedule exhibit. The construction of the triggered improvements shall be completed within the specified timeframe, which may not exceed three (3) years from the date the trigger is first met and shall be completed as follows: Year 1 design deadline; Year 2 ROW/Utilities; Year 3 Construction. Property Owner shall collateralize 100% of the cost of the construction improvements, including design, right-of-way, and utility relocation cost within six months of being notified of meeting the triggers. Exhibit B shall be attached to this Agreement and incorporated herein once approved by the County. 5.0 Collateral. Collateral for any additional improvements required by the triggers may be required by the Board of County Commissioners, hereinafter referred to as the BOCC. Collateral is accepted and released by the BOCC pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. 6.0 As -Built Plans. "As -built" 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. C. Haul Routes: The Property Owner shall be financially responsible for its proportional share of the associated costs for maintaining and/or improving designated haul/travel routes. 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: Ready Mixed Concrete Company, LLC — 2MJUSR21-02-1343 — IA22-0003 Page 3 of 12 1) East and west on CR 28 between approved site accesses and CR 19. 2) North and south on CR 19 between CR 17 and Highway 66. 2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 28 and travel east -west to the nearest paved road for further dispersal. Any County roads used by 2MJUSR21-02-1343 traffic 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 above - mentioned haul/travel route for a limited period (six months or less), the Weld County Department of 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 twelve (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 Signage. 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 and which clearly depict County approved travel routes. 6.0 No Deviation from Permitted Haul Routes. Except as authorized by the BOCC 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. D. 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 fmancially 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). Ready Mixed Concrete Company, LLC — 2MJUSR21-02-1343 - IA22-0003 Page 4of12 5.0 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 Owner in writing that the Off -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off -Site Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility for the completion of the repairs and/or improvements on or before December 15, of the year following County's notice of the need for repairs. 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 Proportional 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 becomes 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. 43,5 PART H: GENERAL PROVISIONS �3 .17,` v. A. Engineering and Construction Requirements: Oho � 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 ra ` drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, as m : identified on the accepted Construction Plans and 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 N per inNO SW.k Ready Mixed Concrete Company, LLC — 2MJUSR21-02-1343 - IA22-0003 Page 5 of 12 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 Rights -of -Way 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 BOCC, 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 Testing. 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. 5.0 Construction Standards. Design and construction of all off -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 Criteria. 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 the necessary collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is required for completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period. Collateral acceptance and release is governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of 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 Ready Mixed Concrete Company, LLC — 2MJUSR21-02-1343 — IA22-0003 Page 6of12 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. 3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld County Code. For collateral release, County personnel conducts inspections for on -site and 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 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. 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 on -site 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 "As -built" 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 "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from a Development Review Engineer. Ready Mixed Concrete Company, LLC — 2MJUSR21-02-1343 —1A22-0003 Page 7 of 12 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 Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact the Weld County Development Review Team and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. 2.0 Inspection, Approval, and Acceptance Process: 2.1 Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Planning Services a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built" drawings as required in subsection B.3.2.3, above, and shall request County inspection of the Off -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 initially approve the Off -Site Improvements. 2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County 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 finds that the improvements are constructed according to County standards, he or she shall approve the improvements. Such fmal approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 2.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed by the County, portions of the improvements maybe 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. 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 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. Ready Mixed Concrete Company, LLC — 2MJUSR21-02-1343 — IA22-0003 Page 8 of 12 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 Artide 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: 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 acquired 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. 2.4 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 2 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: U Nm3= 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of .4.,:' the underlying land use approval under Weld County Code Section 23-2-290. However, County oii• may still exercise all necessary activities under this Agreement that the County determines rb �.necessary to protect the health, safety, and welfare of the residents of Weld County. a g 3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon big Property Owner's complete cessation of all activities permitted by the USR including any clean up a8. or restoration required. A partial cessation of activities shall not constitute a Termination of this N°1 • NNY .~ Ready Mixed Concrete Company, LLC - 2MJUSR21-02-1343 — IA22-0003 Ilaw— Page 9 of 12 L 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 Execution of Replacement Agreement. 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. F. General Provisions: 1.0 Successors and Assigns. 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 Amendment or Modification. Any amendments or modifications to this agreement shall be in writing and signed by both parties. 5.0 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. Ready Mixed Concrete Company, LLC — 2MJUSR21-02-1343 - IA22-0003 Page 10 of 12 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 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 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. 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. Ready Mixed Concrete Company, LLC — 2MJUSR21-02-1343 — IA22-0003 Page 11 of 12 PROP' ' • R: ' Mixed Concrete Company, LLC By: 1 t Date 04—f'Okar� Name: � �sJ'e 3 C, Title: ? STATE OF COLORADO SS. County of Weld Adams The foregoing instrument was acknowledged before me this`\{' day of Clc -ober , 2021 , by 3. C. \a jet WITNESS my hand and official seal. CHERYL CHENEY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19984033878 MY COMMISSION EXPIRES 12110/2026 WELD COUNTY: ATTEST: C1�di Ij G: Weld C.un Clerk to the Bo BY: Deputy Cle i' to t Bo 1/ Notary Pu �l' is BOARD OF COUNTY COMMISSIONERS WELj)) COUNTY, COLORADO cdlt K. James, Chair OCT 2 6 2022 Ready Mixed Concrete Company, LLC — 2MJUSR21-02-1343 — IA22-0003 Page 12 of 12 802. , a 99 Contract Form New Contract Reques Information Entity Name. READY MIXED CONCRETE COMPANY Entity ID* P0©043152 ❑ New Entity? Contract Name. Contract ID IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT 6394 READY MIXED CONCRETE COMPANY LLC 2MJUSR21-02- 1343 Contract Lead Contract Status CTB REVIEW JTRUJILLOMARTINEZ Contract Lead Email jtrujilomartinez@weldgov.c om Parent Contract ID Requires #Board Apprc YES Department Project # Contract Description. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT READY MIXED CONCRETE COMPANY LLC 2MJUSR21-02-1343 NO COLLATERAL REQUIRED Contract Description 2 Contract Type AGREEMENT Amount. $0.00 Renewable NO Automatic Renewal Grant Department PLANNING Department Email CM-Planning0Weidgov.com Department Nead Email CM-Planning- DeptHeadC.weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYAWELDG OV.COM Requested BOCC Agenda Date 10,`19/2022 Due Date 10,15,2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be induded? 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 Contract Oat Effective Date Review Date. 10/19;2023 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 10/19;2024 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOM PARK° JR. DH Approved Date 10,-20,2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10;26/2022 Originator JTRUJILLOMARTINEZ Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 10;2012022 10'20:2022 Tyler Ref # AG 102622 Hello