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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item -- Approve Consent of Assignment of Improvements and Road
Maintenance Agreement for: Varra Companies, Inc. — USR14-0023
DEPARTMENT: Planning Services DATE: March 29, 2022
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, Varra Companies, Inc, requesting
that the Board of County Commissioners consider approving the Consent of Assignment of the Improvements
and Road Maintenance Agreement for (USR14-0O23) from Varra Companies, Inc. to Eagle Materials Inc. No
collateral is required with this agreement. Road Maintenance Agreement recorded under REC 4469691.
Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above
mentioned signed original Consent to Assignment letter request and recommends approval of this re -assign.
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 the Consent of Assignment of the Improvements and Road Maintenance Agreement
for USR14-0023, 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 Saine
Approve
Schedule
Recommendation Work Session Other/Comments:
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4825883 Pages: 1 of 3 .00
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Carly Koppes, Clerk and ,I II IFAtrkelielial:Will.iiVALlitit'ilikKiiikilkil
2022-1077
PL 22q 3
Karla Ford
From:
Sent:
To:
Subject:
yes
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: IsaineC we$dgov.conn
Website: www.co.weld.co.us
In God We Trust
Lori Saine
Tuesday, March 29, 2022 11:37 AM
Karla Ford
RE: Please Reply - BOCC PA REVIEW - USR14-0023 - Varra
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to wh ch it is addressed and may contain information that is privileged, confidential or otherwise
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contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Karla Ford <kford@weldgov.com>
Sent: Tuesday, March 29, 2022 1O:48 AM
To: Lori Saine <Isaine@weldgov.com>
Subject: Please Reply - BOCC PA REVIEW - USR14-0023 — Varra
Importance: High
Please advise if you approve recommendation. Thank you!
Karla Ford ,
Executive Assistant & Office Man ager, Board of Weld County Commissioners
1150 0 Street, P O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(weldgoi.cor :: www.weidgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m. **
1
8120 Gage Street • Frederick, CO 80516
Bus.: (303) 666-6657 • Fax: (303) 666-6743
March 23, 2022
Weld County Admin
Attn: Dawn Anderson
1150 O Street
Greeley, CO 80631
970-400-3736
drandeison@weldgov.com
Re: BOCC Agenda Item — Approvements and Road Maintenance Agreement for Varra
Companies, Inc. — USR14-0023 and Approved Improvements Agreement for: Varra
Companies, Inc— USR-17-0042 (as amended, supplemented, or modified from time to time in
accordance with its terms, the "Contract"), by and between [Counterparty] ("you") and [Varra
Companies, Inc.] ("we" or "Varra")
Dear: Dawn Anderson
We are excited to inform you that Varra intends to consummate a transaction with Eagle
Materials Inc. ("Eagle"), pursuant to which Eagle has agreed to purchase substantially all of our assets
(the "Transaction"). As a valued customer, please be assured that the Contract will remain in full
force and effect, and you will continue to have the same rights and obligations under the Contract
following the consummation of the Transaction. We appreciate your trust and are confident that we
will continue to deliver to you the highest quality of service. We hold Eagle and its management team
in very high regard, and we are excited about becoming a part of the Eagle organization. We will be a
stronger organization with more robust capability as a result of the Transaction, and we hope that you
will share our enthusiasm.
In connection with the Transaction, we request that you consent and agree in writing to the
Transaction and to the assignment of the Contract, which effective as of and conditioned upon the
consummation of the Transaction, we would like to transfer to Eagle (or one of its affiliates) to
consolidate operations. By countersigning this letter, you acknowledge receipt of notice of the
Transaction and give your consent to the Transaction and the assignment of the Contract from Vans to
Eagle (or one of is affiliates), and further you agree that you will not exercise any termination or other
rights you may have under the Contract that arise solely by virtue of the Transaction or such
assignment to Eagle (or one of its affiliates) or any claim of breach or default under the Contract as a
result of the Transaction. Except as expressly set forth herein, this letter will not amend, modify, or
otherwise affect the terms and conditions of the Contract as the Contract will remain in full force and
effect with Eagle (or one of its affiliates) assuming the obligations of Varra to perform in accordance
with its terms.
4825-0272-9718, v.2
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Carly Koppel, Clerk and Recorder, Weld County , CO
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If the foregoing is acceptable to you, please have the appropriate authorized person sign
this letter below and return it by March 29, 2022, to the following address with a .pdf copy via
email to the attention of:
Varga Companies, Inc.
Attention: Garrett Varra
8120 Gage Street
Frederick, CO 80516
Email: gvarra(divarracompanies.com
We are on an expedited timeline to close the Transaction, so we kindly request your prompt
response and greatly appreciate your cooperation in helping us. Should you have any questions or
require further information, please feel free to contact me at (303) 666-6657 or
gvacra(avaaracompanies.com.
Best Regards,
Garrett Varra
President
AGREED AND ACCEPTED:
By:
Name: cott K. James
Title: BOCC Chair
Date: APR 1 12022
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Carly Koppel, Clerk and Recorder, Weld County , CO
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for:
Varra Companies, Inc. — USR14-0023
DEPARTMENT: Public Works DATE: January 28, 2019
PERSON REQUESTING: Tisa Juanicorena
Brief description of the issue:
The Department of Public Works received a request from the iipplicant, Varra Companies, Inc., requesting that
the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement
for (USR14-0023). No collateral is required with this agreement.
Weld County Public Works, Planning Services 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 Use by Special Review Permit Resolution, as signed by
the Board of County Commissioners.
What options exist for the Board?
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 Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements for USR l 4-0023, and that this item be placed on the next regularly scheduled BOCC
Hearing, as part of the Consent Agenda.
Recommendation
Sean P. Conway
Scott K. James
Steve Moreno
Mice Freeman, Pro-Tem
Barbara Klrlaneyer, Chair
Schedule as Regular
BOCC Hearing hem Other/Comments;
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
VARRA COMPANIES, INC. - USR14-0023
Part 1: Site Specific Provisions
THIS AGREEMENT is made this o2 day of e l� , 2019, by and between
Varra Companies, Inc., whose address is, 8120 Gage Street, Frederick, CO 80516, hereinafter
referred to as "Property Owner," authorized to do business in the State of Colorado, and the
County of Weld, a body corporate and politic of the State of Colorado, by and through its Board
of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631
hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lot 8 of Recorded Exemption, RE -3197;
being part of the NE1/4 of Section 10,
Township 5 North, Range 65 West of the 6th
P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, County has approved land use permits for a, Site Specific Development
Plan and Use by Special Review Permit, USR14-0023, for Mineral Resource
Development, including open pit mining (sands, gravels and stones) and Materials Processing,
including concrete or asphalt batch plants and/or recycling operations on approximately
101 acres on the above described real property, and the County is currently in the process of
considering an Use -by -Special Review for the Property (USR14-0023), and
WHEREAS, the Property Owner acknowledges that the issuance of USR14-0023 is
conditional upon Property Owner performance of the on -site and off -site improvements which
are described in this Agreement and depicted in the plat map and the set of accepted
Construction Plans provided by Property Owner (hereinafter referred to as "Plans"), copies of
which shall be attached to this Agreement as they become available and made a part hereof, as
Exhibit C, respectively, and
WHEREAS, the Property Owner acknowledges that it may not engage in any activity
described in USR14-0023 and/or any activity related to the businesses described above until said
improvements have been completed, and
WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County
Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein
or to commence the use of the Property as approved in USR14-0023 within three (3) years of the
approval of the permit issued under USR14-0023, may result in the revocation of USR14-0023,
upon consideration and order of the Board of County Commissioners, and
WHEREAS, the Property Owner agrees that the failure to record the plat within the time
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020/9-09
limits imposed by the Weld County Board of County Commissioners, may result in the
revocation of USR14-0023, upon consideration and order of the Board of County
Commissioners, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for all off -
site improvements required by this Agreement when; the Property Owner submits and receives
approval of an application for a Grading Permit, Building Permit or for a Right -Of -Way Permit
for construction of accesses and work within the County and/or State of Colorado Right -Of -Way,
or at a time determined acceptable by the Board of County Commissioners.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
A. Required Off -Site Improvements:
1.0 Weld County Road (Fern Avenue): The Property Owner shall be
responsible for the construction of certain on -site and off -site safety improvements, which shall
include: construction of adequate turning radii sixty (60) feet at the main entrances and exits
which extend partially into Fern Avenue right-of-way (ROW), drainage and signage
installations, as indicated on the accepted Construction Plans and/or USR14-0023 plat. The main
entrance improvements will include standard County approved tracking control (either 300 feet
of pavement onsite OR 100 feet of pavement plus double cattle guards), to ensure a complete
revolution of the truck tires in order to minimize potential hazardous safety conditions relative to
the tracking of mud and debris onto the adjacent County roadways. Granting of any new point
of access may generate additional obligations with County for Off -Site Improvements and the
need to post additional "Road Maintenance Collateral". A County access permit is needed for
every access to a County road.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements, as specified above in Section A.1.0, on Fern Avenue and for any
construction improvements mandated by the Colorado Department of Transportation (hereinafter
"CDOT") and/or the County, and for all expenses associated therewith. These responsibilities
include, but are not limited to the following: design, surveys, utility locates, present and future
right-of-way clearances and permits; coordination with oil and gas operators and facilities, and
affected irrigation facilities; traffic control; and project safety during construction. Property
Owner shall obey all applicable regulations issued by the Occupational Safety and Health
Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and
Environment, (hereinafter "CDPHE") and other Federal, State or County regulatory agencies.
3.0 Engineering Design and Construction Plans: For Off -Site Improvements as set -
forth in Section A. 1-2 above, all engineering designs and construction plans must be provided
by Property Owner. All plans showing work within the County shall be reviewed and accepted
by Weld County, prior to the start of construction. For all construction in the County right-of-
way, prior to the issuance of any access permit or right-of-way permit, a construction schedule
giving times and locations of all proposed improvements shall be provided to Public Works for
review and acceptance. The approved and accepted construction plans are a part of this
Agreement.
4.0 Construction Standards: All construction and materials controls for a project and
any designated improvements shall conform to the requirements in effect as the time of the
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completion of the improvements set forth in the "Standard Specifications for Road and Bridge
Construction" provided by CDOT.
5.0 Traffic Control: Prior to any construction in the County and/or State Right -Of -
Way and as a condition of issuance of any access permit or Right -Of -Way 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 (hereinafter "MUTCD").
6.0 Off -Site Dust Control/Abatement and/or Paving (If Applicable): The Property
Owner is required to provide dust abatement along affected Haul Route Roads approximately
two to five times per year, as determined by the County. County will determine the proportionate
share of dust control and/or paving costs to be paid by Property Owner based upon then current
Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Property Owner
sourced traffic. The amount and extent of dust control and paving measures will be determined
by site -specific conditions at the time, as determined exclusively by County personnel. In order
to accurately determine percentage of Property Owner/USR14-0023 haul traffic, the County
reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of
haul traffic utilizing County roads in the vicinity of the site attributable to Property
Owner/USR14-0023 (or their contractors, clients, tenants, or customers) activities will be
determined by traffic counts conducted by the County on the primary and requested alternate or
revised haul routes. The County will have sole responsibility for determination of the percentage
of haul route traffic on all affected roads.
7.0 Future Improvements: Future improvements to the haul route(s) may be required
by County. Property Owner shall address all County access issues associated with afore-
mentioned haul route. Future County mandated measures may include improvements to any haul
route intersections or roadways then utilized by Property Owner. Property Owner shall pay a
proportionate share of the cost of the entire project including engineering designs and
construction plans based on the Applicant's share of ESAL Counts using then current data on the
haul route in the implementation of the above -mentioned improvements. County personnel alone
shall make all determinations regarding the gathering of and use of traffic data when making
decisions regarding cost sharing. In order to accurately determine percentage of Property Owner
haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their
facility. Future improvements will be subject to any Federal, State or County regulations in
place at the time the improvement project is initiated. Haul Route improvements may be
triggered due to heavy truck traffic associated with the facility.
The following is a list of the American Association of State Highway & Transportation Officials,
(hereinafter "AASHTO ") site -specific triggers for turn lanes:
a. 25vph turning right into the facility during a peak hour.
b. 50 vph turning right out of the facility during a peak hour.
c. 10vph turning left into the facility during a peak hour.
8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners,
Property Owner shall not be required to complete the aforementioned offsite improvements as
described in Sections A.1.0-2.0 until the occurrence of , the triggering event for each
improvement, namely the application for the Grading Permit, Building Permit or Right -Of -Way
access permit or the commencement of activities on the property(s). At that time, Property
3of 22
Owner agrees that the required off -site collateral will be posted and all on -site and offsite
improvements shall commence and shall be completed within the parameters established in
Sections A.3.0 and E.7.2, and Exhibit B, herein.
9.0 Acceptance of Off -Site Improvements: Upon completion of the off -site
improvements, Property Owner shall contact a representative of the Weld County Department of
Public Works and request an inspection of the off -site improvements described in Sections
A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth
in Sections E.6.1-6.3.
9.1 All references in this Agreement to "Acceptance of Improvements" shall
refer to the County confirming completion of said improvement(s)
according to the accepted construction plans. By accepting any
improvement, the County does not thereby accept said improvement for
purposes of future maintenance, nor does the County accept any present or
future responsibilities or obligations relative to these improvements.
B. Haul Routes:
1.0 Established Haul Routes from the facility access point:
1.1
Exiting or entering the site: Haul trucks shall enter or exit the site at the
approved accesses onto CR Fern Avenue, for further dispersal. Any County
roads routinely utilized by USR14-0023 haul traffic may become part of
the established haul routes.
1.2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
1.3 In unusual or rare occasions, if particular projects mandate deviation from
the above -mentioned haul route for a limited period of time (which is
defined in this Agreement as a period of not more than thirty days), which
shall be established by County at the time that the deviation is allowed. If
County approves such deviation, haul vehicles will utilize paved county
roads whenever possible. A deviation from the established Haul route
lasting more than thirty (30) days or requests for two or more deviations
within a twelve month period shall be subject to the terms of Section B.4.0.
In the event that haul route traffic, in excess of 15% of the daily facility
haul vehicle trips, utilizes alternate haul routes, the provisions of Section
4.0 of this Section B shall be triggered.
2.0 Haul Route Signage (If Applicable): Property Owner shall install haul route signs,
as per MUTCD standards, at all exit points of the Property which can be clearly seen by drivers
leaving the facility and which clearly depict County approved haul routes.
3.0 No Deviation from Permitted Haul Routes: Except under the provisions provided
in Section B.1.3, no deviation in the use of any roads other than those specifically authorized for
use in this Agreement is permitted without the prior written amendment of this Agreement.
4.0 Effect of Future Changes to Haul Routes: In the event that County is requested
4of 22
by Property Owner or site operator to approve the use of an additional access, new haul route, or
an alternative haul route as a result of a change in Property Owner's site activities and/or truck
circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved
portion of County roads, and if County determines that dust control or paving is required on the
unpaved portion of said haul route roads, Property Owner agrees that dust control or paving
measures to protect the public health, safety, and welfare shall be instituted. County will
determine the proportionate share of dust control and/or paving costs to be paid by Property
Owner based upon then current truck trip counts that identify traffic loading due to Property
Owner -sourced traffic. The amount and extent of dust control and/or paving measures will be
determined by site -specific conditions at the time, as determined exclusively by County
personnel.
C. County Road Maintenance Requirements:
1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be
financially responsible for the excavation, repair, and patching of any damage on current or
future haul route roads, which in the sole opinion of County has been created by hauling to and
from the Property. Should Property Owner's site activities and/or should Property Owner's truck
circulation patterns change in the future so that County approves an alternate haul route, and all
or a significant portion of Property Owner's sourced traffic no longer utilizes the above -
described haul route and instead utilizes other portions of County roads, Property Owner shall
cooperate with County in maintenance of said roads which are included within the new haul
route. The type and method of repair will be determined by the County Engineer or his
representative. Repairs shall commence within 48 hours of notification by the County for any
roadway damage that exposes the driving public to adverse or unsafe driving conditions. All
other repairs shall commence within thirty (30) days of receipt of Weld County's written notice.
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1.1
Need for Immediate Repairs: In the event of damage to an Approved Haul
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 such repair is not commenced within
such forty-eight (48) hour period, County shall have the right to draw on
the Road Maintenance Collateral and use such funds to perform such
repair. 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).
1.2 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 route road portion will require paving measures in
order to protect the public health, safety, and welfare, and 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
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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.
1.3 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
Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent
with Section C.3.0 of this Agreement.
1.4 The County shall notify Property Owner of County's preliminary
determination and assessment of Property Owner's proportionate share of
costs of dust control, paving, repairs and maintenance on any particular
Haul Route Road. 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 proportionate share of costs.
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2.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owner and/or Lessees who are required by
County to participate in road improvement/maintenance agreements. 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.
3.0 Future Road Replacement: At any time in the future, if, in the opinion of County,
road damage increases beyond the point that repair of damage cannot maintain the road in a safe
and usable condition, Property Owner shall pay a proportionate cost of a complete restoration
based on the number of Haul Trip ESAL Counts using then current data of haul trips entering or
exiting Property Owner's site onto the haul route in the implementation of the above -mentioned
improvements. Notification to the Property Owner of the required roadway replacements will be
given as soon as the data becomes available and typically takes place before the end of the year
prior to the start of the replacement project, as described in Section C.1.0 above.
4.0 Sharing of Road Maintenance Responsibilities with Other Property Owner and/or
Lessees: It is anticipated that Property Owner and other Property Owner and/or Lessees subject
to agreements similar to this Agreement will perform the required road maintenance work and
will share in the equipment, labor, and materials required. Any such sharing arrangement
between Property Owner and/or Lessee, and other Property Owner and/or Lessees shall be
conducted pursuant to separate agreements between the Property Owner and other Property
Owner and/or Lessees. County shall approve the Agreements only to determine whether the
required improvements/maintenance projects have been adequately addressed. County alone
6of 22
shall determine the sufficiency of all road improvement/maintenance projects when completed.
5.0 Violation of Terms of Agreement: If Property Owner does not perform as
outlined in this Agreement and Exhibits A and B such non-performance will constitute a
violation of Property Owner land use permits granted by County, and County will take whatever
remedial measures it deems necessary, against Property Owner. In addition to any other remedy
available to the County in law or equity, a failure to comply with this Agreement shall be
considered grounds for setting a probable cause hearing according to the procedures described in
Section 2-4-40 of Weld County Code. Revocation of USR14-0023 as it now exists or may, from
time to time, be amended is a remedy which County may impose.
D. On -Site Improvements: (No On -Site Collateral is required for USR14-0023 but Property
Owner shall complete all On -Site Improvements as shown on the accepted Construction Plans
and/or plat map for USR14-0023.)
1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or
maintain the landscaping, to include maintenance of the existing berm, and re -seeding of the
property where applicable as shown on the accepted Construction Plans and/or USR14-0023 plat
map. Specifically, 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
Construction Plans and/or USR14-0023 plat map. Additionally, the Property Owner shall install
and/or maintain fencing to screen the property where applicable as indicated on the accepted
construction plans and/or USR14-0023 plat map. In the event any of these improvements may
include work extending into State or County Right -Of -Way, a Right -Of -Way or access permit is
required.
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
Construction Plans and/or USR14-0023 Plat Map. The main entrance improvements will
include; construction of adequate turning radii at the Fern Avenue roadway accesses for USR14-
0023 and as further detailed in Section A.1.0 of this Agreement. The access shall require that the
entrance gates be set back 100' or greater from the edge of travel way. 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.
Additional infrastructure improvements will be addressed at the time of application for any
future amended USR. Some of these improvements may include work extending into State or
County Right -Of -Way in which case a Right -Of -Way or access permit is required.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners,
Property Owner shall not be required to initiate the landscaping requirements until the
occurrence of the triggering event for all improvements, namely the approval of the grading
permit or an amendment to the existing USR. Except with prior County consent, no grading
permit will be released until collateral is posted for all off -site improvements and the final
Construction Plans have been submitted to and accepted by the Department of Public Works.
Access and/or Right -Of -Way permits might also be required prior to approval of the grading
permit. Grading shall not commence until Construction Plans are accepted. Any alterations to
7of 22
the accepted Construction Plans must be accepted in writing by the County Planning and Public
Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all
landscaping and other on -site improvements, as indicated in Section D. 2.0 above shall be
completed within the parameters established in Section E.7.2 and Exhibit B. The Property
Owner's failure to complete the On -Site Improvements within the time period(s) established by
Resolution approving USR14-0023, and/or set forth within the context of this Agreement may, at
County's option, result in the revocation of said land use permit.
4.0 Acceptance of On -Site Improvements: Upon completion of the on -site
improvements, Property Owner shall contact the Weld County Department of Planning Services
and the Weld County Department of Public Works and request an inspection of the on -site
improvements described in Section D.1.0 and D.2.0 above. The County's representatives may
then initiate the process for "Acceptance of Improvements" set forth in Sections E. 6.1-6.3. The
BOCC 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.
"End of Part 1"
4469691 Pages: 8 of 22
02/27/2019 10:50 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder: Weld County, CO
III
8of 22
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
VARRA COMPANIES, INC. - USR14-0023
Part 2: General Provisions
E. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all
engineering services in connection with the design and construction of the improvements
identified on the accepted Construction Plans according to the construction schedule set forth in
Exhibit "B," both of which are attached hereto and incorporated herein by reference.
1.1
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.
1.2 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.
1.3 Property Owner shall furnish construction drawings for the road
improvements on public rights -of -way or easements and all improvements
interior on the Property for approval prior to the letting of any construction
contract.
2.0 Rights -of -way and Easements: Before commencing the construction of any
improvements herein agreed upon for public rights -of -way or easements, Property Owner shall
acquire, at the sole expense of Property Owner, good and sufficient rights -of -way and easements
on all lands and facilities traversed by the proposed improvements. All such rights -of -way and
easements used for the construction of roads to be accepted by the County shall be conveyed to
the County and the documents of conveyance shall be furnished to the County for recording.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and USR14-0023 Plat Map, be
solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this
agreement, which are attached hereto and/or incorporated herein by reference, with the
improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On -
site), and improvements to public rights -of -way or easements being completed also in
accordance with the schedule set forth in Exhibit "B" (Off -site). The Board of County
Commissioners, at its option, may grant an extension of the time of completion set forth in
Exhibit B stated herein upon application by the Property Owner.
3.1 Said construction shall be in strict conformance to the plans and drawings
accepted by the County and the specifications adopted by the County.
3.2 Property Owner shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
9 of 22
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.
3.3 At all times during said construction, the County shall have the right to
test and inspect, 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.
4.0 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 said
design and construction of improvements, and pay any and all judgments rendered against the
County on account of any such suit, action or claim, 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.
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5.0 Warranty of On -Site and Off -Site Improvements: Property Owner shall warranty
all improvements to public rights -of -way, (if any), and all privately created and maintained roads
or rights -of -way, or easements, and all on -site improvements for a period of two (2) years. The
warranty period shall begin only after the County's execution of a written acceptance of the
improvement(s).
6.0 Acceptance of On -Site and/or Off -Site Improvements by the County: Upon
compliance with the following procedures by the Property Owner, the improvements shall be
deemed accepted by the County, if collateral had been initially posted for the improvements.
The BOCC does not represent or ensure the on -site improvements will be constructed and/or
available for their intended use(s).
6.1 If requested by the Property Owner and approved by the County, portions
of the improvements may be placed in service when completed according
to the schedule shown on Exhibit "B," but such use and operation shall
not, alone, constitute an acceptance of said portions of the improvements.
6.2 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 Exhibit "B," and may
continue to issue building permits so long as the progress of work on the
USR improvements in that phase of the USR is satisfactory to the County,
10 of 22
and all terms of this Agreement have been faithfully kept by Property
Owner.
6.3a Upon completion of the construction of the required off -site
improvements, and the filing of a Statement of Substantial Compliance by
Property Owner's engineer, the Property Owner may, as set forth in
Section A.9.0, request in writing that the County inspect the improvements
and recommend to the Board of County Commissioners that the
improvements be accepted and further that the two-year warranty period
begin. Upon completion of the two-year warranty period, the County
Engineer 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. The County Engineer shall reinspect the improvements after
notification from the Property Owner that said deficiencies have been
corrected. If the County Engineer fmds that the improvements are
constructed according to County standards, he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer for acceptance of
improvements within the USR, the Board of County Commissioners shall
fully accept said improvements.
6.3b Upon completion of the construction of the required on -site
improvements, and the filing of a Statement of Substantial Compliance,
when necessary, by Property Owner's engineer, the Property Owner may,
as set forth in Section D.4.0, request in writing that the County inspect the
improvements and recommend to the Board of County Commissioners
that the improvements be accepted if collateral had been initially posted
for the improvements, and further that the two-year warranty period begin.
Upon completion of the two-year warranty period, the County Engineer
and/or the Weld County Department of Planning Services shall, upon
request of 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. The County
Engineer and /or the Department of Planning Services shall reinspect the
improvements after notification from the Property Owner that said
deficiencies have been corrected. If the County Engineer and/or
Department of Planning Services find that the improvements are
constructed according to County standards, he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer and/or the Department of
Planning Services for acceptance of improvements within the USR, the
Board of County Commissioners shall fully accept said improvements.
7.0 General Requirements for Collateral: (Currently no on -site collateral for USR14-0023 is
required, but possible future on -site collateral may be required by County, should the Property
Owner revise conditions of operation in the future.)
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7.1 County requires Property Owner to provide collateral to guaranty all of
Property Owner's obligations under this Agreement: (1) Project Collateral
for completion of all improvements described in this Agreement shall be
provided for off -site improvements with no on -site collateral for USR14-
0023 required at this time. Possible future on -site collateral may be
required by County, should the Property Owner revise conditions of
operation in the future. (2) Warranty Collateral required for all
improvements during the warranty phase; and (3) Road Maintenance
Collateral (If Applicable) to be kept in place for the life of the permit.
7.2 Project Collateral submitted to Weld County to guarantee completion of
the improvements indentified on the accepted Construction Plans and
USR14-0023 Plat Map and further enumerated in the costs listed in
Exhibit "A," must be equivalent to One -Hundred Percent (100%) of the
value of the improvements as shown in this Agreement This collateral
must be submitted to County upon the execution of this Agreement, or at a
time determined acceptable by the Board of County Commissioners, and
shall be held in total by County as provided in Paragraph E. 7.3 below
until all improvements have been completed.
7.3 Warranty Collateral for all off -site improvements shall be submitted to
County and shall be held in total by the County for two (2) years following
its written acceptance of the improvement(s).
7.4 In the event Property Owner fails to adequately complete and/or repair
improvements associated with this Improvements Agreement, County will
access, in its sole discretion, Project or Warranty Collateral to the extent
necessary to complete said improvements or repairs in order to preserve
public interest.
7.5 Road Maintenance Collateral shall be submitted to County upon the
release of the warranty collateral by the Board of County Commissioners
or at the time of approval of this Agreement, if no Project Collateral was
initially submitted. Road Maintenance Collateral is held for use on roads
associated with the designated haul route.
If no Project Collateral was initially submitted, Road Maintenance
Collateral shall be submitted at the time of approval for this Agreement or
at such time that approved USR14-0023 activities are initiated. If the
County has accepted a Corporate Guaranty as collateral pursuant to Weld
County Code Sec. 2-3-30.D. Road Maintenance Collateral shall be
submitted at the time of approval of the Improvements Agreement or at
such time that approved permit activities are initiated. The submitted
amount shall be $3,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads, and the
amounts will be listed on Exhibit "A"- Cost Sheet (OFF -SITE).
Road Maintenance Collateral shall be held by County as long as this
Agreement is in effect and returned to Property Owner upon vacation of
12 of 22
associated land use agreement or permit. The Road Maintenance
Collateral will only be accessed by County, if following notification to
Property Owner of required roadway safety related repairs, Property
Owner fails to perform said repairs within the time allowed in County's
notification_ If any of this collateral shall be collected by County, Property
Owner shall replace the amount, plus interest, within six (6) months.
7.5.1 Road Maintenance Collateral Option (For Materials Haulers):
In lieu of cash collateral, Property Owner may submit funds
quarterly to Weld County, at a rate of ten (10) cents per ton, based
on the amount of processed material leaving the site. These funds
will be escrowed by the County and utilized for roadway repairs
specific to the USR's designated haul route. The first payment of
funds will be due three months after the initial sale of materials
from the USR site. Subsequent quarterly payments will be
deposited in the associated escrow account until the USR permit is
terminated. Utilization of this collateral option will negate any
further obligations of the Property Owner to participate in any
future maintenance and/or improvements projects for the
associated Haul Route. Upon vacation of the USR for this facility
and following determination by Public Works staff that no
immediate repairs are required for the Haul Route, any remaining
funds in the escrow account will be returned to the USR Permittee.
7.5.2 Road Maintenance Collateral (For Off -Site Dust Control — If
Applicable):
The total costs for materials and application, will be listed on
Exhibit "A" (OFF -SITE) — Dust Control, of this agreement. These
funds will be utilized by the County for roadway applications
specific to the USR's designated haul route, only if the Property
Owner does not adhere to the requirements for dust suppression as
specified in Section A.6.0 of this agreement. Following completion
of all construction phases, and/or upon vacation of this USR, and
following determination by Public Works staff that no immediate
repairs are required for the Haul Route, any remaining Dust
Control collateral will be returned to the USR Permittee.
7.6 Acceptable Project Collateral shall be submitted by the Property Owner
upon execution of this Agreement, as herein defined.
7.6.1 No grading or building permits shall be issued for any site related
activities, on the property and no Site Preparation shall commence
until cost estimates for all improvements are updated, and the
development plans are revised to comply with all current County
standards, policies and regulations, except with prior County
consent. The improvements shall be completed within the time
schedule set forth in Exhibit "B", which is attached hereto and
made a part of this Agreement. "Site Preparation" shall mean
earthwork grading or performance of work, or construction or
13of22
installation of improvements related to Property Owner's
operations pursuant to USR14-0023 that require a grading or
building permit from the County pursuant to the Weld County
Code. In the event that the Improvements outlined in this
Agreement and Exhibit A are not completed within one year of the
execution of this Agreement Weld County may require Property
Owner to obtain current cost figures for one or more of the
Improvements.
7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an
amount equivalent to one -hundred percent (100%) of the total value of the
improvements set forth in the Improvements Agreement and the Plat; the
LOC shall be subject to the requirements of Weld County Code Section 2-
3-30 B. The Property Owner shall utilize only a County approved form
when obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF
CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO). A copy of said form shall be provided to
Property Owner upon request.
7.8 Collateral may be in the form of a corporate guaranty given by a legal
entity in good standing and authorized to do business in the State of
Colorado or the applicable governmental licensing agency of the
Guarantor's state of incorporation, in an amount equivalent to one hundred
percent (100%) of the value of the improvements set forth in the
Improvements Agreement and the Plat. The corporate guaranty shall
conform to and be subject to the requirements of Weld County Code
Section 2-3-30 B.4. The Property Owner shall utilize only a County
approved form when obtaining a corporate guaranty: (CORPORATE
GUARANTY FOR BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO). A copy of said form shall be provided
to Property Owner upon request.
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7.9 Collateral may be in the form of a surety bond given by a corporate surety
authorized to do business in the State of Colorado in an amount equivalent
to one hundred percent (100%) of the value of the improvements set forth
in the Improvements Agreement and the Plat. The surety bond shall
conform to and be subject to the requirements of Weld County Code
Section 2-3-30 B.4. The Property Owner shall utilize only a County
approved form when obtaining a surety bond: (PERFORMANCE BOND
FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO). A copy of said form shall be provided to Property Owner
upon request.
7.10 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to One Hundred Percent (100%) of the value of the
improvements set forth in the Improvements Agreement. In the event the
Property Owner is required to warranty the improvements, the Property
Owner shall replace the original deposit with a deposit in the amount of
fifteen percent (15%) of the original amount and those funds shall remain
14 of 22
available to the County until released by the County at the end of the
warranty period.
7.11 The Board of County Commissioners reserves the right to reject collateral
which is deemed inappropriate or insufficient, which may be either as
collateral in the form of a letter of credit offered by a banking institution
which does not have at least a "three star" rating given by Bauer Financial,
or as collateral in the form of a performance bond offered by an insurance
company which does not have at least a B+ rating given by A.M. Best, or
as collateral in the form of a corporate guaranty offered by a legal entity
which does not have a rating classification of 5A, 4A, or 3A, and does not
have a Composite Credit Appraisal of 1, 2, or 3 given by Dun and
Bradstreet Credit Rating Reports. If the Applicant meets all of the
requirements provided in the previous sentence regarding a corporate
guaranty, the Board may then decide whether acceptance of a corporate
guaranty agreement is appropriate under the circumstances. The Board
may consider (1) the value listed in the improvements agreement, (2) the
net worth of the Guarantor, (3) the Applicant's history regarding
successful local projects, and (4) anything else the Board deems relevant
and appropriate for consideration for a corporate guaranty as a form of
acceptable collateral. The Board further reserves the right to require
Property Owner to obtain replacement collateral if the rating of the
financial institution providing said collateral drops below the levels stated
above. Replacement collateral shall be submitted by Property Owner
within sixty (60) days of the Board's notice to Property Owner that the
rating has fallen and that the collateral must be replaced. Property Owner
may not terminate existing collateral until replacement collateral has been
secured.
8.0 Request for Release of Collateral: Collateral shall be released in accordance with
the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire
project or for a portion of the project by Weld County, 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:
8.1 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.
8.2 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.
8.3 "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 USR14-0023 Accepted
15 of 22
Construction Plans and Plat Map, 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 the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
8.5 A letter must be submitted from the appropriate Fire Authority, if
applicable, indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are operational
and, if required by the County, state the results of fire flow tests.
8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the
final Construction Plans.
8.7 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the Weld
County Department of Planning Services and the Weld County
Department of Public Works, the Property Owner (if Property Owner has
supplied any or all of the collateral) may request release of the collateral
for the project or portion of the project by the Board. This action will be
taken at a regularly scheduled public meeting of the Board.
8.8 Following the written request for partial release of the "Project
Collateral", the Weld County Department of Planning Services and the
Weld County Department of Public Works County shall inspect the on -site
and/or off -site improvements. If the improvements require mitigation or
further repairs are required, said work must be completed prior to the
partial release of "Project Collateral". For all off -site improvements
(including improvements to public rights -of -way or easements), the
written request for release of "Project Collateral" shall be accompanied by
"Warranty Collateral" in the amount of fifteen percent (15%) of the value
of the improvements as shown in this Agreement.
8.9 Following the written request for release of the "Warranty Collateral", the
Weld County Department of Planning Services and the Weld County
Department of Public Works County shall inspect the improvements. If
the improvements require mitigation or further repairs are required, said
work must be completed prior to the conclusion of the Warranty period.
The "Warranty Collateral" shall be released to the Property Owner
following the expiration of the warranty period upon final written
acceptance by the Board of County Commissioners.
8.10 For all off -site improvements (including improvements to public rights -of -
way or easements), the written request for release of "Warranty
16 of 22
Collateral" shall be accompanied by "Road Maintenance Collateral" (If
Applicable) as specified in Section E.7.5 of this Agreement. "Road
Maintenance Collateral" for roads associated with the designated haul
route shall be maintained as long as the USR is active.
9.0 Successors and Assigns: This Agreement may not be delegated, transferred or
assigned in whole or in part by Property Owner without the express written consent of County
and the written agreement of the party to whom the obligations under this Agreement are
assigned. 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. (See
paragraphs F. 1.2 and 2.2 below) Consent to a delegation or an assignment will not be
unreasonably withheld by County. In the event of sale of the Property, County may agree to
release Property Owner in whole or in part from obligations under this Agreement. 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 the roads affected by this Agreement. All of the
terms and conditions set forth in this Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of Property Owner, and upon recording by the
County, shall be deemed a covenant running with the land herein described.
10.0 County Engineer: All references in this Agreement to "County Engineer" shall
refer to the any individual or individuals appointed by the County Engineer to act on his/her
behalf.
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11.0 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 there has been a violation of the terms of this
Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of
this Agreement. Violations of the terms of this Agreement include violations of the agreements
contemplated by Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such
Agreements in a timely manner.
F. Termination of Agreement:
1.0 Termination Event: This Agreement shall terminate upon the earliest of the
following events:
1.1 Cessation of all Permit Related Activities. Termination of this Agreement
shall occur upon Operator's complete cessation of all activities permitted under USR14-
0023 or any amendments thereto. A partial cessation of activities shall not constitute a
Termination of this Agreement, nor shall County's issuance of a partial release constitute
a Termination. Operator shall provide written notice to Property Owner and County of
said cessation of activity, which County shall then verify. If written notice is not provided
to County, Termination of this Agreement shall not occur until County has determined
that the Use by Special Review is inactive, which shall be three (3) years following
County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the
17 of 22
Weld County Code.
1.2 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR14-0023 by New Property Owner:
This Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR14-0023
with a new Property Owner who has purchased the Property, and intends to make use of
the rights and privileges available to it through the then existing USR.
1.3 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR14-0023 by New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR14-0023
with a new operator who has assumed the operation of the business on the Property
which business activities are permitted by the then existing USR.
2.0 Termination Procedures:
2.1 Termination Procedures Following Cessation of Permit Related Activities:
Following the events outlined in paragraph 1.1 above, County shall conduct its annual
road inspection. Said road inspection shall be conducted on or before May 31 following
the announcement or determination of the cessation of permit related activities on the
Property. The results of the inspection shall be delivered in writing to the Property Owner
and Operator. If the County determines that pursuant to the terms of this Agreement, the
Operator must complete any of the improvements and/or road maintenance obligations
outlined herein, said obligations must be completed within a reasonable period of time
thereafter, but in no event later than six (6) months following the determination that
permit related activities have ceased. Collateral shall not be released by County until such
time as county determines that all of the improvements have been completed.
2.2 Termination Procedures Pursuant to Transfer of Ownership of the
Property or Transfer of Operations: If the Property Owner or Operator desires to assign
its rights and obligations under this Agreement to a successor Property Owner or
Operator, the Property Owner or Operator shall, prior to the transfer, provide County with
a written Notice to Transfer, stating the date of transfer, and identifying the party to
whom the transfer shall be made. Following receipt of the Notice to Transfer, County
shall inspect the improvements required under the terms of this Agreement to determine
whether the improvements have been completed. If the improvements have not been
completed, the Property Owner and/or Operator shall either complete the improvements
or post collateral equal to the cost of the completion of the improvements, if such
collateral is not in place. If collateral is available at the time, County shall hold a hearing
to determine whether the collateral should be called upon to pay County or a contractor
of the County to complete the improvements. County shall also inspect the road(s) which
are covered by this Agreement to assess the current condition of the road(s) and
determine whether Operator and/or Property Owner would be required to perform road
maintenance within the following twelve months had the Agreement not been assigned. If
road maintenance is, in the opinion of County, required, Property Owner and/or Operator
shall be required to either perform the road maintenance or to post collateral equal to the
cost of said maintenance. County shall not execute a new Improvements Agreement
18 of 22
According to Policy Regarding Collateral for Improvements — USR14-0023 with a
successor Property Owner and/or Operator prior to the performance of the road
maintenance or the posting of collateral for said maintenance, unless the new Property
Owner and/or Operator posts collateral for the required maintenance.
3.0 Consequence of Termination by Cessation of Permit Related Activities:
Following County's confirmation that Property Owner and/or Operator has/have ceased all
permit related activities and has/have completed previously uncompleted Improvements and or
completed any required road maintenance, County shall release Property Owner and/or Operator
from all further obligations under this Agreement. No Further permit related activities shall be
permitted unless and until approved by County following execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR14-0023 with a
Property Owner and Operator.
4.0 Consequence of Termination by Execution of Replacement Improvements
Agreement: Following County's execution of an Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR14-0023 with a successor Property Owner
and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights
and/or obligations under this Agreement or in USR14-0023.
5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that
activities related to USR14-0023 cease as a result of the revocation of the permit as described in
Section E.11.0 of this Agreement, neither Property Owner nor Operator will be released from
any of the obligations imposed by the terms of this Agreement only after Property Owner's
successful completion of all improvements required under this Agreement or after County
accesses the collateral to the extent necessary to complete improvements County, in its sole
discretion, deems necessary to preserve public interests.
G. Governmental Immunity: No term or condition of this agreement 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.
H. Enforcement: If, in the 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 the County believes
constitute violation. Property Owner shall have thirty (30) days within which to either cure the
violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in
good faith that a violation of the terms and conditions of this Agreement still exists (despite
cure), County may enforce by any legal means, including, but not limited to, legal action for
equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral
(if applicable), and/or administrative action of the County to suspend or revoke the underlying
land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld
County Code. Violations of the terms and conditions of this Agreement include, but are not
limited to, violations of the agreements Property Owner must enter into as required by this
Agreement, and/or failure to enter into such agreements in a timely manner.
I. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
19 of 22
such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever by any other person
or entity not included in this Agreement. It is the express intention of the undersigned parties that
any person or entity, other than the undersigned parties, receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
3. Authority to Sign: Each person signing this Agreement, and associated Exhibits,
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.
4469691 Pages: 20 of 22
02/27/2019 10:50 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County. CO
%ATM 11111
20 of 22
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY
OWNERS:
SIGNATURE
4,••••,‘
PRINTED NAME 4 -r ..
TITLE (If Applicable) 42.
STATE OF COLORADO
County of Weld
)
)
)
ss.
2O141 The foregoing instrument was acknowledged before me this 23 day of ,
Al'294-4, by (✓—IOTA r c tt V.tAYir ok
WITNESS my hand and official seal.
My commission Expires:
SIGNATURE
a/4/2O
Not
JESSICA HOOVER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20044035571
MY COMMISSION EXPIRES OCTOBER 04, 2020 ,
PRINTED NAME
TITLE (If Applicable)
STATE OF COLORADO )
) ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of _
2014, by
WITNESS my hand and official seal.
Notary Public
My commission Expires:
21 of 22
LESSEE (If Applicable):
SIGNATURE
PRINTED NAME
TITLE
STATE OF COLORADO
SS.
County of Weld
The foregoing instrument was acknowledged before me this day of _
2014, by
WITNESS my hand and official seal.
Notary Public
My commission Expires:
ATTEST: s.Aj ;ti
Weld C • ty Clerk to the Bc,ard
BY:
Deputy Cler 1 to the
1861 kr
fLF.?
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Barbara Kirkmeyerj Chair
4469691 Pages: 22 of 22
02/27/2019 10:50 AM R Fee:$0.00
Carly Koppes: Clerk and Recorder, Weld County: CO
�I11I���ILI�U��h�'lah4Yi 'ally �i
illifiNKINII1/4114 II III
22 of 22
rEz)202019
020/9— 0 77?
Contract Form
New Contract Request
Entity Information
Entity Name*
VARRA COMPANY, INC
Entity ID*
8.70009392
Contract Name*
CONSENT OF ASSIGNMENT OF IMPROVEMENTS AND ROAD
MAINTENANCE VARRA COMPANIES INC USR14-0023
Contract Status
CTB REVIEW
Contract ID
5710
Contract Lead*
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgov.c
om
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
CONSENT OF ASSIGNMENT OF IMPROVEMEN IS AND ROAD MAINTENANCE FROM VARRA COMPANIES INC TO EAGLE
MATERIALS INC USR14-OO23 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount*
s0.00
Renewable*
NO
Automatic Renewal
Grant
Department
PLANNING
Department Email
CM-Planning@weldgov.com
Depa> nt Head Email
CM -Planning- Does Contract require Purchasing Dept. to be included?
DeptHeadveldgov.com NO
Requested BOCC Agenda
Date*
04,05,2022
Due Date
04;02;2022
Will a work session with BOCC be required?*
NO
County Attorney
GENERAL COUNTY
Al I ORNEY EMAIL
County Attorney Email
CM-
COUNTYA I I ORNEYAlELDG
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
Contract Dates
Date
Review Date*
04,06 2023
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date=
04:06;2024
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
TOM PARKO JR.
DH Approved Date
04/04!2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04, 1 1 :'2022
Originator
JTRUJILLOMARTINEZ
Contact Type Contact Email
Finance Approver
CONSENT
Contact Phone I
Purchasing
04/0412022
Finance Approved Date
04,304?2022
Tyler Ref #
AG 041122
e
Legal Counsel
CONSENT
Contact Phone 2
Legal Counsel Approved Date
04,'`04,2022
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