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HomeMy WebLinkAbout20211474.tiffBOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS AROUND TITLE: BOCC Agenda item - Approve Amendment to Road Maintenance During Construction Agreement for: YN Water Storage LLC — AP21-00133 DEPARTMENT: Public Works DATE: May 25, 2021 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Public Works received a request from the applicant, YN Water Storage LLC, requesting that the Board of County Commissioners consider approving an Amendment to the Road Maintenance During Construction Agreement for (AP21-00133). No collateral is required with this agreement. Weld County Public Works and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: • All Public Works related items, of the "Road Maintenance Agreement According To Policy', are found to be acceptable. • This Agreement complies with the terms of Chapter 8 of the Weld County Code. 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 and the County Attorney's Office are recommending approval of the Road Maintenance Agreement According To Policy for AP21-00133, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine G -02 - 02/ Approve Schedule Recommendation Work Session Other/Comments: c`C pw(DA/SCN/TLHA) 06/10121 MA)) .0//1 - 2021-1474 6g -I3,677 AMENDMENT TO ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS YN Water Storage LLC — AP21-00133 This Amendment ("Amendment"), made and entered into \ G day oft �i �, 2027_i by and between the Board of Weld County Commissioners ("County"), and YN Water St LLC, ("Property Owner"). WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2021-1005, approved on April 7, 2021. WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: This Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon execution of this Amendment. Section B.1.0, Haul Routes, under Part 1 of the Original Agreement shall be deleted entirely and replaced with the following: 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: 1) North and south along CR 89 between Highway 34 and CR 42.5. WHEREAS, all other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. 4723686 Pages: 1 of 2 08/09/2021 10:14 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County , CO 420014 ���� Nr.rin 4ill04'I4N I i* NO ti IN Nal Nil:ill:lb "Ill PROP By: Name: Title: STATE OF COLORADO County of Weld orage LLC Date SS. MEGHAN BEARMAN NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20154028029 MY COMMISSION EXPIRES NOV 24, 2024 The foregoing instrument was acknowledged before me this 202h, by ,712.' F.(,r4I'2 Jiv) WITNESS my hand and official seal. Nota ./ Public day of WELD COUNTY: dlr.-1W C� ATTEST: v• ;4. Weld C BY: BOARD OF COUNTY COMMISSIONERS Clerk to the Bo. d WELDCOUNTY, COLORADO Deputy Clef' \`. 4723688 Pages: 2 of 2 06/09/2021 10:14 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Scott K. James, Pro-Tem 'U1 0 2 2021 YN Water Storage LLC — AP21-00133 - AMENDIA21-0002 Page 2 022002/ - / 71 Contract Form New Contract Request Entity Name* YN WATER STORAGE LLC Entity ID* O0O043623 Contract Name* AMENDMENT TO ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT YN WATER STORAGE LLC AP21-0013 3 Contract Status CTB REVIEW ❑ New Entity? Contract ID 4815 Contract Lead* JTRUJILLOMARTINEZ Contract Lead Email jtruj i llomarti nez@weldgov. c orn Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AMENDMENT TO ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT YN WATER STORAGE LLC AP21-00133 NO COLLATERAL REQUIRED Contract Description 2 Contract Type AGREEMENT Amount* $0.00 Renewable* NO Deponent PUB! [C' WORKS Depa irnent Email CM- PublicWorks@weldgov.com Depain ent Head Email CM-FblicWorks- Deptueadcweldgov,com County Attorney GENERAL COUNTY Al I CIEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELDG EY@WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested 11OCC Agenda Date* 06,A17/2021 Due Date 06/03/2021 Will a work session with BOCC be required? NC) Does Contract require Purchasing Dept_ to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Review Date* 06;07;2022 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 05127/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06;02/2021 Originator JTRUJILLOMARTINEZ Committed Delivery Date Contact Type Contact Email Finance Approver CONSENT Expiration Date* 05/0712023 Contact Phone 1 Purchasing Approved Date 05:'27; 2021 Finance Approved Date 05/2712021 Tyler Ref # AG 060221 Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 05,'27,+2021 Hello