HomeMy WebLinkAbout20213020.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
Cody G. Stevens — ZPAG21-0009
DEPARTMENT: Public Works DATE: October 5, 2021
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services and Public Works received a request from the applicant, Cody G. Stevens,
requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for
(ZPAG21-0009). 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 "Road Maintenance Agreement According To Policy', are found
to be acceptable.
• This Agreement complies with the terms of the ZPAG Permit conditional 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 Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for ZPAG21-0009, and that
this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair
Lori Seine
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ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Cody G. Stevens — ZPAG21-0009
THIS AGREEMENT is made this 16 day of SePte'Akr, 202j_, by and between
Cody G. Stevens, whose address is 10978 County Road 22, Fort Lupton, Colorado 80621,
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 A of Recorded Exemption RE -2538; Being
a part of the NE1/4 of Section 14, Township 2
North, Range 67 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 ZPAG21-0009, and
WHEREAS, Property Owner acknowledges that the final approval of ZPAG21-0009 is
conditional upon Property Owner's understanding of road maintenance described in 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:
Part I: Site Specific Provisions
A. Haul Routes: The Property Owner shall be financially responsible for its proportional
share of the County's costs associated with maintaining and/or improving designated haul/travel
routes.
• Haul Routes. The following roads are designated as haul/travel routes for the Property:
1) East and west along CR 22 between approved site access and CR 23.
2) North and south along CR 23.
• Haul trucks shall enter and exit the site at the approved access(es) on CR 22 and travel east -
west to the nearest paved road for further dispersal. Any County roads used by traffic associated
with ZPAG2 10009 may become part of the established haul/travel routes.
• Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds per
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axle and axle configurations unless overweight permits have been applied for and granted.
• Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
abovementioned haul/travel route for a limited period (six months or less), Weld County Public
Works may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will
utilize paved county roads whenever possible. A deviation from the established haul/travel route
lasting more than six (6) months or requests for one (1) or more deviations within a 12 -month
period shall authorize the County to change the haul/travel routes designated herein, and provide
notice to the Property Owner.
• Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per
Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which
can be clearly seen by drivers leaving the facility and which clearly depict County approved
travel routes.
• No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to
this Agreement, no use of any roads other than those specifically authorized for use in this
Agreement is permitted without the prior written amendment of this Agreement.
B. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, as required:
2.0 Dust Control. Property Owner shall be financially responsible for its proportional share
of dust control on unpaved designated haul/travel routes after commencement of operation. The
amount and extent of dust control will be determined by site -specific conditions at the time, as
determined exclusively by County personnel. Dust abatement along the relevant haul/travel
routes is expected to occur approximately two to five times per year. Dust abatement is required
for roads with more than 200 vehicles per day, per Section 8-6-100 of the Weld County Code.
3.0 Repair. Property Owner shall be financially responsible for its proportional share of
excavation, patching, and pavement repair on designated haul/travel routes. The amount and
extent of repair and paving measures will be determined by site -specific conditions at the time, as
determined exclusively by County personnel.
4.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by
project traffic that causes an immediate threat to public health and safety or renders the road
impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such
Significant Damage. Property Owner shall identify the repair required and shall consult with
County on the extent, type, timing, materials and quality of repair (i.e. temporary versus
permanent) within twenty-four (24) hours after receipt of such notice and shall commence such
repair within forty-eight (48) hours after receipt of such notice. If Property Owner identifies
Significant Damage prior to receiving notice thereof from County, Property Owner may
commence repair of such Significant Damage and shall concurrently notify County of the extent,
type, timing, materials and quality of repair (i.e. temporary versus permanent).
5.0 Repair of Road: On or before December 31 of the calendar year in which County staff
has determined through site analysis and/or pavement testing that a particular haul/travel route
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road portion will require paving measures in order to protect the public health, safety, and
welfare, and the County has budgeted sufficient funds for the following calendar year to pay its
share of the Off -Site Improvement/Repair Costs, County shall notify Property Owner in writing
that the Off -Site Improvements/Repairs shall be undertaken.
5.1 In County's sole discretion, County may undertake the repairs and/or
improvements. Property Owner's payment for its Proportionate Share of the road
repairs/improvements will be calculated as determined in this Agreement. Property
Owner will be invoiced accordingly for those proportional share costs.
6.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify
Property Owner of County's preliminary determination and assessment of Property Owner's
proportional share of costs of maintenance, repair, or improvements to Property Owner's
designated haul/travel routes. Prior to County's fmal determination and assessment, County shall
provide Property Owner with a reasonable opportunity to review, comment upon and supplement
County's data, collection methodology, and determinations. The County shall review and
consider Property Owner's input prior to making a final determination and assessment. The
County shall have sole responsibility for determination of Property Owner's proportional share
of costs. Property Owner agrees to pay such proportional share of costs within 30 days of
receiving an invoice from County.
7.0 Annual Road Inspection. County may conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owners and/or Lessees who are required
by County to participate in road improvement/maintenance agreements for the haul routes
designated in this Agreement. As a result of the annual inspection, County, in its sole discretion,
shall determine actual conditions and shall further determine what road
repair/improvement/maintenance work is to be performed during that construction season.
Notification to the Property Owner of the required roadway repairs will be given as soon as the
data become available.
8.0 Notification. The County shall notify Property Owner of County's preliminary
determination and assessment of Property Owner's proportionate share of costs of maintenance,
repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's
final determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection methodology,
and determinations. The County shall review and consider Property Owner's input prior to
making a final determination and assessment.
Part H: General Provisions
• Permits: 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:
• Access Permits. Property Owner shall not use any access onto any County road unless and
until an access permit has been issued by the Department of Public Works. Public Works may
condition the issuance of an updated access permit on the amendment of this Agreement if the
updated access permit authorizes the use of an additional access point, or if there is a change in
use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County
Code.
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• Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any
work occurring within County ROW requires a ROW permit issued by the Department of Public
Works. No work shall occur without said ROW permit.
• Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County
Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the
operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
• Enforcement and Remedies:
• Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any
of the terms of this Agreement, County shall notify Property Owner of its belief that the
Agreement has been violated and shall state with specificity the facts and circumstances which
County believes constitute the violation. Property Owner shall have fifteen (15) days within
which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have
elapsed, County believes in good faith that the violation is continuing, County may consider
Property Owner to be in breach of this Agreement.
• Remedies for Breach by Property Owner. In the event that County determines that Property
Owner has violated the terms of this Agreement, and has failed to correct said violation, County
may exercise any or all of the following remedies, or any other remedy available in law or equity.
2.1 Withholding Permits. County may "lock" any or all lots within the Property,
which precludes the continued issuance of building permits, zoning permits, septic
permits, or any other permit issued by any department of the County.
2.2 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.
2.3 Revocation of ZPAG Permit. Property Owner acknowledges that failure to
comply with the terms of this Agreement constitutes cause to revoke the ZPAG, and
County may exercise this option in its sole discretion by proceeding with revocation
under the then current provisions of the Weld County Code.
• Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after
revocation of the underlying land use approval under Weld County Code Section
23-4-1240. However, County may still exercise all necessary activities under this
Agreement that the County determines necessary to protect the health, safety, and
welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall
occur upon Property Owner's complete cessation of all activities permitted by the ZPAG
including any clean up or restoration required. A partial cessation of activities shall not
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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 ZPAG has been inactive for three (3) years.
Property Owner shall not be entitled to a release of Project or Warranty Collateral unless
and until the improvements required by this Agreement are completed.
3.3 Execution of Replacement Agreement. This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new property owner or
operator who has purchased the Property or has assumed the operation of the business
permitted by the ZPAG, and intends to make use of the rights and privileges available to
it through the then existing ZPAG.
3.4 Revocation of ZPAG. This Agreement shall terminate following County's
revocation of Property Owner's ZPAG, except that the Property Owner shall only be
released from this Agreement after the successful completion of all improvements
required under this Agreement, which may be completed by County after accessing
Property Owner's collateral if Property Owner fails to complete such improvements.
C. General Provisions:
• Successors and Assigns.
1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or
in part, without the prior express written consent of County and the written agreement of
the party to whom the obligations under this Agreement are assigned. Consent to a
delegation or an assignment will not be unreasonably withheld by County. In such case,
Property Owner's release of its obligations shall be accomplished by County's execution
of a new Improvements Agreement with the successor owner of the property.
1.2 County's rights and obligations under this Agreement shall automatically be
delegated, transferred, or assigned to any municipality which, by and through annexation
proceedings, has assumed jurisdiction and maintenance responsibility over all roads
affected by this Agreement.
• Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
• Governmental Immunity. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
• No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
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undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
• Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject
matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
• Board of County Commissioners of Weld County Approval. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
• Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules
and/or regulations shall be null and void. In the event of a legal dispute between the parties, the
parties agree that the Weld County District Court or Federal District Court for the District of
Colorado shall have exclusive jurisdiction to resolve said dispute.
• Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
concerning this Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
• Release of Liability. Property Owner shall indemnify and hold harmless the County from
any and all liability loss and damage County may suffer as a result of all suits, actions, or claims
of every nature and description caused by, arising from, or on account of the design and
construction of improvements, and pay any and all judgments rendered against the County on
account of any such suit, action or claim, and notwithstanding Section 7.0 above, together with
all reasonable expenses and attorney fees incurred by County in defending such suit, action or
claim whether the liability, loss or damage is caused by, or arises out of the negligence of the
County or its officers, agents, employees, or otherwise except for the liability, loss, or damage
arising from the intentional torts or the gross negligence of the County or its employees while
acting within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate worker's compensation insurance and
public liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and health.
• Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
• Authority to Sign. Each person signing this Agreement represents and warrants that he or she
is duly authorized and has legal capacity to execute and deliver this Agreement. Each party
represents and warrants to the other that the execution and delivery of the Agreement and the
performance of such party's obligations hereunder have been duly authorized and that the
Agreement is a valid and legal agreement binding on such party and enforceable in accordance
with its terms. If requested by the County, Property Owner shall provide the County with proof
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of Property Owner's authority to enter into this Agreement within five (5) days of receiving such
request.
• Acknowledgment. County and Property Owner acknowledge that each has read this
Agreement, understands it and agrees to be bound by its terms. Both parties further agree that
this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive
statement of agreement between the parties and supersedes all proposals or prior agreements, oral
or written, and any other communications between the parties relating to the subject matter of
this Agreement.
• Notwithstanding any other provision contained in this Agreement, for any conflict or
potential conflict between any term in this Agreement and the Resolution of the Board of County
Commissioners approving the underlying land use permit, the provisions of the Board's
Resolution shall control. In the event of a discrepancy between this agreement and the Weld
County Code in effect at the time of the agreement, the terms of the Weld County Code shall
control.
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PROPERTY OWNER: Cody G. Stevens
By: 60,3
Name: cocky ≤ *el/ e✓tS
Title: C".(.,
nt R
STATE OF COLORADO
County of Weld
Date Ct Igo o / �.
SS.
The foregoing instrument was acknowledged before me this k(y day of Je
202 1 , by (Oa f Se Uef S ) o wruit_
WITNESS y hang and off i
WELD COUNTY:
ATTEST:
Weld C
BY:
Notary Public
Clerk to the Boa
Deputy Cl k to e Boar r\
r
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11111
AMBER OK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID My Commission Expires September 11.2025
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair OCT 2 S 2021
020021 .. (5o,2o O
Contract Form
New Contract Request
Entity Information
Entity Maine*
STEVENS, CODY
Entity ID*
5:00044007
❑ New Entity?
Contract Name* Contract ID
ROAD MAINTENANCE AGREEMENT CODY STEVENS ZPAC21- 5 303
0009
Contract Status
CTB REVIEW
Contract Lead*
JTRLIIILLOMARTINEZ
Contract Lead Email
jtrujil lomartinezTweldgov.c
om
Contract Description *
ROAD MAINTENANCE AGREEMENT CODY STEVENS ZPAG21 -0009 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount ""
50.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PLANNING
Department Email
CM-PlanningtDweldgov.corn
Department Head Email
CM-Planning-
DeptHeadgweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYAIIORNEYg-WELDG
OV.COM
Requested BOCC Agenda
Date*
1018'2021
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
10''1412021
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
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
Effective Date
Review Date*
10 18. 2022
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date 2r
10 18,2023
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email Contact Phone I Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Depaxtnient Head
TOM PARKO JR.
DH Approved Date
10x'18 2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
10,25:2021
Originator
JTRUJILLOMARTINEZ
Finance Approver
CHRIS D'OVIDIO
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
10;19:2021 10x1912021
Tyler Ref #
AG 102521
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