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Home My WebLink About20222402.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: Boulder Creek Estates, LTD — PUDF20-0001 DEPARTMENT: Planning Services DATE: August 2, 2022 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, Boulder Creek Estates, LTD, requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for (PUDF20-0001). No collateral is required with this agreement. Weld County Planning Services, Public Works, and the County Attomey'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 PUD Permit approval, as signed by the Director of Planning Services. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for PUDF20-0001, 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 Recommendation att Schedule Work Session Other/Comments: e` pL.(o_v,sIt KR/c6) C44:4-0 6°1- 2022-2402 �L�G77 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Boulder Creek Estates, LTD — PUDF20-000 l THIS IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO LICY ARDING COLLATERAL FOR IMPROVEMENTS ("Agreement") is made this �L�y of 12022, by and between Boulder Creek Estates Ltd. Liability Co., a Colorado limited 1abi company, a limited liability company organized under the laws of the State of Colorado, whose address is, 8758 W. Phillips Road, Boulder, Colorado 80301, 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 B of Recorded Exemption, RE -3232; being part of the NW1/4 /4 of Section 9, Township 2 North, Range 68 West of the 6th P.M., Weld County. Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received the Director of Planning Services conditional approval of PUDF20-0001 fora mini storage facility on approximately 6.7 acres, and WHEREAS, Property Owner acknowledges that the final approval of PUDF20-0001 is conditional upon Property Owner's funding and/or construction of the off -site improvements and road maintenances described in this Agreement and depicted in the following incorporated exhibits: Exhibit A —(Future Off -Site Costs of Construction. to be attached if/when triggered pursuant to Part I, B., below Exhibit B —(Future Of -Site Construction Schedule, to be attached if/when triggered pursuant to Part I, B., below Exhibit C—�Const ruction Plans, to be attached when/if triggered pursuant to Part I, A., below Exhibit D — Plat Map, Exhibit E — Conceptual Construction Plans, and WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sec. 27-8-60, the failure to commence construction of the improvements outlined herein within three (3) years of the approval of PUDF20-0001 may result in the revocation of PUDF20-0001, upon consideration and order of the Board of County Commissioners. and WHEREAS, the parties agree that the Property Owner shall provide collateral for off -site improvements as required by this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: Boulder Creek Estates, LTD - PUDF20-0001 -1A20-0013 Page 1 of 15 BB: 4861-4710-5050.15 026020? -O71.O 2- PART I: SITE SPECIFIC PROVISIONS A. Off -Site bnprt wementaias required by the BOCCI: 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 (60) 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. Conceptual Construction Plans are attached hereto as Exhibit E. 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. 1.0 Road improvements Responsibilities. Property Owner is solely responsible for the required off - site designated improvements. These responsibilities may include but are not limited to the following: 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. B. re Off-Sfte Imrnresyernents: 1.0 Traffic Triggers. When the traffic associated with the Planned Unit Development Permit reaches certain safety thresholds as set forth in this agreement, the Property Owner shall design, and construct required read improvements based on the amount of traffic being generated by the site. The Property Owner's x1evelopment does not currently meet the traffic safety triggers requiring the improvements specified below however, off -site or phased improvements may be 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 meets the following traffic triggers: Property Owner shall design and construct a left deceleration/turn lane on CR 5 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 5 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 5 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 5 whenever such a lane would be a benefit to the safety and operation of the roadway. The County, in its sole discretion, shall determine if a left acceleration lane is required. 2.0 Property Owner's Responsibilities mauling 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, i 51B: 4561.4715-5055.15 Boulder Creek Estates. LTD — PUDF20-5001— IA20-0013 Page 2oft5 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 Cott 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 Coral 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 Exhibit B. The construction of the triggered improvem nts shall be completed within the specified timeframe, which may not exceed three (3) years from the date the County notifies the Property Owner that the trigger is first met and shall be completed as follows:' Year I 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 Co 1. 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 ILB 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 11.13, Subsectioil3.2.3, 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. Future Safety Improvements: 1.0 Ante on of County Road 5 and Siahwav 119. In the event that the County or Colorado Department of Transportation finds the need to improve the intersection of County Road 5 and Highway 119 in order to improve the overall public health and safety by including a left turn lane on Highway 119 for westbound traffic turaing south onto County Road 5, Property Owner shall be responsible for a proportional share of the total overall cost of such left turn lane improvements of the said intersection. For example, if the cost of the left turn lane improvements is $500,000, and Property Owner's proportional share of traffic using the left turn lane is 15%, then Property Owner will be responsible for $75,000 of the cost of the left turn lane improvements. D. Travel Routes; The Property Owner shall be financially responsible for its proportional share of the associated costs for maintaining and/or improving designated haul/travel routes. Boulder Creek Estates. LTD - PUDF20-0001-1A20.0513 Page 3of15 llB:4861.471a30S0.ts 1.0 Travel Routes. The following roads are designated as haul/travel routes for the Property: 1} From the approved site access, north and south on CR 5. 2.0 Traffic shall enter and exit the site at the approved access(es) on CR 5 and travel north -south to tie nearest paved road for further dispersal. Any County roads used by PUDF20-0001 traffic may become part of the established haul/travel routes. 3.0 Weight Limits. No travel vehicles to and from the Property may exceed CDOT required specifications for pounds -per --axle and axle configurations, unless overweight permits have been applied for and granted. 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above -mentioned haul/travel route for a limited period (six months or less), the Weld County Department of Public Works may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paned County roads whenever possible. A deviation from the established haul/travel route lasting more thanl six (6) months, or requests for one (1) or more deviations within a twelve (12) -month period shall authorize the County to change the haul/travel routes designated herein, and provide notice to the Property Owner. 5.0 Haul Route Siloam. Property Owner shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by ddvers'lcaving the facility and which clearly depict County approved travel mutes. 6.0 N Deviation from Permitted Haul Routes. Except as authorized by the BOCC pursuant to this Agreem$ 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. E. Ma1ntenance Requirements: 1.0 Off -site recurring maintenance, if applicable, as required by the Board: 2.0 &kik Property Owner shall be fmancially responsible for its proportional share of excavation, patching, t�,,,�d pavement repair on designated haul/travel routes. The amount and extent of repair and paving mess —urea will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 3.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, tuning, 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). 4.0 Repair of Road: On or before December 31, of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul/travel route road portion will require paving measures in order to protect the public health, safety, and welfare, and the County has budgeted sufficient _ funds for the following calendar year to pay its share of the Off -Site Boulder Creels Estates, LTD - PUDF20-0001 - IA20-0013 Page 4 of 15 tiB: 45614710-5050.15 Improventint/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 Of -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. 4.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those proportional share costs. 5.0 Calculation of Property Owner's Proportional Share of Costs, The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportional sham 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 ' to review, comment upon and supplement County's data, collection methodology, and ons. The County shall review and consider Property Owner's input prior to making a final determina ton 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. 6.0 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 season. Notification to the Property Owner of the required roadway repairs will be given as soon as th - data becomes available. 7.0 N on. The County shall notify Property Owner of County's preliminary determination and assessor 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 f nai determination and assessment ?TA: GENERAL PROVISIONS A. Ennlneering and Construction Reuuirements: 1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering services in connection with the design and construction of the off -site improvements and all on -site drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, as identified on the accepted Construction Plans and according to the construction schedule set forth in 111 construction schedule exhibits. The required engineering services shall be performed by a Professio �: Engineer and Land Surveyor registered in the State of Colorado and shall conform to the standards : 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. Boulder Creek Estates, LTD—PUDF20-0001 —1A20-0013 PageS of 15 RS:4t6l.4no-soso.l5 2.0 hts-of-Way and Easements. Before commencing the construction of any off -site itnprovembnts herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, flood and sufficient ROW and easements made necessary for the improvements. The County wilt 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 conipleted also in accordance with the schedule set forth in the construction schedule exhibits. The BOCC, 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 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 sh4U 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 co n, the County shall have the right to test and inspect material and work, or to require testing and on 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 eonstruction 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 c version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld County gineering and Constriction Guidelines. 6.0 T c 1. 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. OtaglEak 1.0 General Requirements for Collateral. Property Owner shall provide to County the necessary collateral ' guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is required or completion of off -site improvements, as described in this Agreement; (2) Warranty Collat I 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 glen 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 must be submitted at the later to occur of (a) the date of execution of this Agreement as0 (b) the date that Exhibit A is attached to this Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete Boulder Creek Estates, LTD-PUDF2o-0001-1A20-0013 Page 6 of 15 HB: 48%1-4710.5050.15 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. 12 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 maybe 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, the Planning Department conducts inspections for on -site improvements, and the Department of Public Works conducts inspections for of 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 Ssbstantial 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 insubstantial 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 the County Engineer. Boulder Creek Estates, LTD - PUDF20-0001-1A20-0013 Page 7of15 iIB:4861.471asteo.ts 3.3 County's Response to Request for Release of Collateral. Following a written request for re ease of collateral, County personnel will inspect the improvements as provided in this A ement. Upon approval, the Board of County Commissioners may release said collateral. _., . , _ _ A1gtance of Improvements; 1.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact the Weld County Department of Public Works and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. 2.0 Ii•Inection. 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 Public Works 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 Of 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 Public Works personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel finds that the improvements ements are constructed according to County standards, he or she shall approve the improvements Such final approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 2 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed by the County, portions of the improvements may be placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule • shown on the construction schedule exhibit, and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner, D. D'S 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 mess permit has been issued by the Department of Public Works. Public Works may condition the is me a of an updated access permit on the amendment of this Agreement if the updated access permit auk the use of an additional access point, or if there is a change in use of the current access point, as permii0ed by Article XIV of Chapter 8 of the Weld County Code. I Boulder Creek Estates, LTD - PUDF20-0001- IA20.0013 Page 8ofl5 IM: 48t1-4710•sas0.15 2.0 Right -of -Way (ROW) Permits. Per Article Xlll of Chapter 8 of the Weld County Code, any work cccmring "within County ROW requires a ROW permit issued by the Department of Public Works. No work shalloccur without said ROW permit. 3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County —.. Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the opera -- - and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner. E. E Inforcement and Remedies: 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms bfthis 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. a ( r " • Rrmedies for Breach by Property Owner. In the event that County determines that Property • owner hail 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 i specific to the violation. For example, the County may access and use Project Collateral in order to! complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. 22. 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 it issued by any department of the County. 2.$ Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as' described above. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of .a the underlying land use approval under Weld County Code Section 27-8-60. However, County. may still exercise all necessary activities under this Agreement that the County detennhtes necessary to protect the health, safety, and welfare of the residents of Weld County. 32 Cessation of all Permit Related Activities, Termination of this Agreement shall occur upon Property Owner's complete cessation of all activities permitted by the PUD including any clean up or restoration required. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial 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 PUD has been inactive for three (3) years. Property Owner shall not be entitled to a release of Project BoulderCreek Estates, LTD -PUDF2o-0501-1A20-0013 Page 9 of 15 • KB:43614710-5050.1S 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 unty's execution of a new Improvements Agreement regarding the subject matter. of 'his went related to the Property, provided that the new Improvements Agreement expressly supersedes this Agreement. F, General Previsions: 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 ignment will not be unreasonably withheld by County. Except as set forth in in Section F.13 below, in case of such assignment, 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. 12 County's rights and obligations under this Agreement shall automatically be delegated, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 13 Contingent upon CR 5 Storage SP, LLC, a Colorado limited liability company ("CR5"), acquiring the Property (the "Acquisition"), as evidenced by delivery of a recorded deed to the County whereby Property Owner (as Grantor) conveys the Property to CR5 (as Grantee), the County hereby approves the assignment of this Agreement to CR5, and CR5 hereby executes this Agreement, and contingent upon the Acquisition, assumes in full the obligations hereunder front Property Owner. In the event of an assignment pursuant to this Section F.1.3 CR5 will not be required to execute a new Improvements Agreement as set forth in Section F.1.1. 2.0 If any term or condition of this Agreement shall be held to be invalid, illegal, or unenf le by a court of competent jurisdiction, this Agreement shall be construed and enforced . without osh 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 §§2410-101 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 agion whatsoever by any other person not included in this Agreement. It is the express intention eft undersigned parties that any entity other than the undersigned parties receiving services or basses ender this' Agreement shall be an incidental beneficiary only. • . , • Boulder Creek Estates, LTD—PUDF20-0001 — IA20-0013 Page 10 of 15 • ___.41161-47t0-5050.13 t0 T4Lini of County Commissioners of Weld County Approval. This Agreement shall not be valid. until. it his 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, k• --skill-be !ppin the -interpretation, execution, and enforcement of this Agreement. Any thus included dr incorporated herei n 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, concernin 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 lulease of Liability. Property Owner shall indemnify and hold harmless the County from any and all +, ility loss and damage County may suffer m a result of all suits, actions, or claims of every nature , description caused by, arising from, or on account of the design and construction of •:,,,„ }�and pay any and all judgments rendered against the County on account of any such suit, action or Olaim, and notwithstanding section 8.0 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 other wipe rapt for the liability, loss, or damage arising from the intentional torts or the gross negligence of the wnty 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 cad regulations of the State of Colorado governing occupational safety and health. 10.0 B nding AAitration Prohibited. Weld County does not agree to binding arbitration by any extra- jucial b%dy or person. Any provision to the contrary in this Agreement or incorporated herein by reference be null and void 11.0 A o ' • . Each person signing this Agreement represents and warrants that he or she is duly auth • and has legal capacity to execute and deliver this Agreement. Each party represents and warrants the other that the execution and delivery of the Agreement and the performance o€ such party's ob igations hereunder have been duly authorized and that the Agreement is a valid and legal agreemen binding on such party and enforceable in accordance with its terns. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agtvemeit within five (5) days of receiving such request. }�,p ,Acknowledament. County and Property Owner acknowledge that each has read this Agreement, t 'understan it and agrees to be bound its terms. Both •parties further that •this w•tth „ -.:.� by • agree Agreeanentr the ' or incorporated Exhibits, is the complete and exclusive statement of agreement between the : ` " • • p supersedes all proposals or prior agreements, oral or written, and any other communicatiogs ,,. _e . between the parties 'elating to the subject matter of this Agreement. 131 f:t& 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 ConunissiOners appaoving the underlying land use permit, the provisions of the Board's Resolution shall control. IC 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. Boulder Creek Estates, LTD - PUDF20-0001- IA20-0013 Page 11 of 15 103:4261-4710-5050.15 14.0 Affective Date., Consideration of this Agreement and its terms by the Board of County Commissioners of Weld County for approval and signature shall occur only if PUDF20-0001 is approved administratively by the Department of Planning Services. This Agreement shall be effective upon the date of final signature of all of its parties. Boulder Creek Estates, LTD-PUDF20-0001- IA20-0013 Page 12 of 15 ua:486147 O.5O50.15 Title: and Agreed to: TY 0 .' : Boulder Creek Estates Ltd. Liability Co., a Colorado limited liability company Name: brave STATE OF County of 4ia is f2 - LORADO Date cJ .� i. y ,% , 20 2 SS, SUZAN R DEBERG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974019409 MY COMMISSION EXPIRES OCTOBER 23, 2025 The foregoing instrument was acknowledged before me this 1 O% day of 2021 by Lawrie ref_ l.. }d. Utab. Co. a Cottrfr WITNESS nay hand oificial seal. WELD COUNTY: ,�,/ ATTEST: G : Jelio; e1 Weld C ' Clerk to the Bo BY: Deputy Cle A ui BOARD OF COUNTY COMMISSIONERS WELD/COUNTY, COLORADO ames, Chair [Signatures continued on following page] Boulder Creek Estates, LTD - PUDF20-0001 - 1A20-0013 Page 13 of 15 AUG 1 7 2022 }lB: 4861-4710-5059.ls a ao CR 5 Storage SP, LLC, a Colorado limited liability company ("CR5"), is the purchaser of the Property pursuant to that certain Contract to Buy and Sell Real Estate dated January 24, 2022, by and between CR5's predecessor -in -interest and Property Owner. CR5 hereby executes and acknowledges the foregoing Agreement, and, contingent upon CRS's acquisition of the Property as evidenced by delivery of a recorded deed to the County whereby Property Owner (as Grantor) conveys the Property to CRS (as - Grantee), assumes the obligations therein. CR5: CR 5 Storage SP, LLC, a Colorado limited liability company By: Date -- 22 -- Name: Title: %UANALE'1� STATE OF COLORADO County of ss. The foregoing instrument was acknowledged before me this I� day of S , 202?, by` WITNESS my hand and official seal. Notary Public Boulder Creek Estates, LTD — PUDF20-0001 — IA20-0013 Page 14 of 15 1.19: 41161-4710-5050.15 Exhibit E Conceptual Construction Plans (attached) Boulder Creek Estates, LTD — PUDF20-0001— IA20-0013 Page 15 of 15 HB: 4861-4710-5050.15 4851839 Pages: 16 of 16 08/29/2022 03:08 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 11)1 11 11111 x x -ad x x x x x x x x x� COUNTY RD. 5 1.-- EX. ROW 12' COUNTY RD. 5 12 12' r it 12' 12' 12 60 EX. ROW // I' // I 1 / / / / / C, r r IY tin 20' 10' 0 20' 40' SCALE IN FEET Contract Form New Contract Request Entity Information Entity Name. BOULDER CREEK ESTATES LTD Entity ID" J'00045923 ❑ New Entity? Contract Name. Contract ID IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT 6200 BOULDER CREEK ESTATES LTD PUDF20-0001 Contract Status CTB REVIEW Contract Lead. JTRUJ I LLOMARTI N E2 Contract Lead Email jtrujillomartinezCweldgov.c one Parent Contract ID Requires Board Approval. YES Department Project Contract Description. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ROULEDER CREEK ESTATES LTD PUDF20-00©1 NO COLLATERAL REQUIRED Contract Description 2 Contract Type. AGREEMENT Amount $0.00 Renewable * NO Automatic Renewal Grant IGA Department PLANNING Department Email CM-Planning@eldgov,corn Department Head Email CM -Planning - De ptHe ad Owe Id gov. Co County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - COU NTY ATTO RN EY;;OSNELDG OV,COM If this is a renewal enter Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date. 022 Due Date 08 1 1 2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number shcuid be left blank if those contracts are not in OnUase Contract Dates Effective Date Revi Date * Renewal Date 08 15,22 Termination Notice Period Committed Delivery Date Expiration Date 08; 1 5 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 PARKO JR. DH Approved Date 08 09'2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08 17 2022 Originator JTRUJILLOMAR.TINEZ Finance Approver CHERYL PATTELLI Legal Counsel CAITLIN PERRY Finance Approved Date Legal Counsel Approved Date 08 09 2022 08 12 2022 Tyler Ref #t AC 081 722 Hello