HomeMy WebLinkAbout20211006.tiffIf) tiL(2.O
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
Cureton Front Range, LLC — LAP21-0002
DEPARTMENT: Public Works DATE: March 30, 2021
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Public Works received a request from the applicant, Cureton Front Range, LLC, requesting
that the Board of County Commissioners consider approving the Improvements and Road Maintenance
Agreement for (LAP21-0002). 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 LAP Process as defined in the Weld County Code
and per the requirement of the Department of Public Works to protect our roadways from heavy
traffic during the construction period.
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 LAP21-0002, and that
this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Approve Schedule
R mendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair . P7
Lori Saine __________
ec PW(DA/srM/TL/TA,/ND)
2021-1006
ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
Cureton Front Range, LLC — LAP21-0002
THIS AGREEMENT is made this day of , 202 1 , by and between Cureton Front
Range, LLC, a limited liability company organized under the laws of the State of Delaware, whose address is
518 17th Street, Suite 1405, Denver, Colorado 80202, hereinafter referred to as "Operator," 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, Operator is the responsible party of the Location Assessment for Pipelines (LAP)
permit located on the following described property in the County of Weld, Colorado:
Going east to west, the pipeline commences in Section
16, Township 8 North, Range 59 West and proceeds in
the southwesterly direction through Sections 17, 20, 19,
30, Township 8 North, Range 59 West; Sections 25, 26,
23, Township 8 North, Range 60 West; and terminates in
Section 14, Township 8 North, Range 60 West, all
located within the 6th P.M., Weld County, Colorado
F9
hereinafter referred to as "the Property," and
WHEREAS, Operator has received conditional approval from the Director of the Oil and Gas Energy
Department for LAP21-0002, and
WHEREAS, the Operator facility will generate additional vehicles and heavy traffic directly
associated with LAP21-0002, for an extended period oftime; and
WHEREAS, the County, and Operator are desirous of agreeing to terms involving regulation of
haul routes, traffic control, and road wear arising from such additionaltraffic.
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. Reserved
B. Haul/Travel Routes: Haul Route Roads are considered that length of roadway within 1/2 mile of
each access location of the pipeline.
C. Maintenance Requirements:
1.0 Off -Site Dust Control/Abatement: The Operator is required to provide dust abatement along
affected gravel Haul Route roads within 1/2 mile of each access location of the pipeline, as determined by the
County. County will determine the proportionate share of dust control to be paid by Operator. The amount
and extent of dust control measures will be determined by site -specific conditions at the time, as determined
exclusively by County personnel. The County reserves the right to install traffic counters on the driveway(s)
Cureton Front Range, LLC — LAP21-0002 — RMCA21-0003
Page 1 of 6
of the Operator's facility. The County will have sole responsibility for determination of the percentage of
haul route traffic on all affected roads.
2.0 Obligation to Maintain Current and Future Haul Routes: Operator 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 vehicle traffic to and from the Property. Should Operator's site
activities or vehicle circulation patterns change in the future so that County approves an alternate haul route,
and all or a significant portion of Operator's sourced traffic no longer utilizes the abovedescribed haul route
and instead utilizes other portions of County roads, Operator 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.
2.1 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 Operator of such Significant
Damage. Operator 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 48 hours after
receipt of such notice. If Operator identifies Significant Damage prior to receiving notice
thereof from County, Operator 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).
2.2 In County's sole discretion, County may undertake the repairs and/or improvements. Operator's
payment for its Proportionate Share of the road repairs/improvements will be calculated as
described in this Agreement.
3.0 Proportionate Share of Road Maintenance Responsibilities:
M
3.1 Operator shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs,
maintenance, improvements, or future road replacement of any particular Haul Route Road.
Operator's Proportionate Share shall be based upon the percentage of traffic on the road that is
attributable to Operator's facility. County personnel will determine the percentage based on then
current Equivalent Single Axle Load (ESAL) Counts. Operator shall not be responsible for
traffic that is not sourced from the Operator's facility.
3.2 The County shall notify Operator of County's preliminary determination and assessment of
Operator's proportionate share of costs. Prior to County's final determination and assessment,
County shall provide Operator with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall
review and consider Operator's input prior to making a final determination and assessment. The
County shall have sole responsibility for determination of Operator's proportionate share of
costs.
Part II: General Provisions
A. General Requirements:
1.0 Permits. Operator 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:
Cureton Front Range, LLC — LAP21-0002 — RMCA21-0003
Page 2 of 6
1.1 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.
1.2 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.
1.3 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.
2.0 Release of Liability: Operator 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 the pipeline, 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.
3.0 Liability for Damage to Road. Operator shall be financially responsible for any and all damage
caused to any Weld County Road as a result of the installation, use, or maintenance of the pipeline through
the County's rights -of -way, without regard to the negligence, or lack thereof, of Operator or its agents. This
provision shall survive Termination of this Agreement pursuant to Section B.2.0, below, and shall be of no
further force and effect ten years after mutual execution of this Agreement.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement: If in County's reasonable opinion, Operator has violated any of the
terms of this Agreement, County shall so notify Operator and shall state with specificity the facts and
circumstances which County believes constitute the violation. Operator shall have thirty (30) days within
which to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy
described in this Agreement or otherwise provided by law.
2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the earliest of
the following events:
O 39
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur upon
Operator's complete cessation of all activities permitted by the LAP. 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. Unless informed in writing by the Operator of cessation
,oa3 of activities, and verified by the County, cessation shall be presumed if the County determines
,F a that the LAP has been inactive for three (3) years.
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2.2 Execution of Replacement Agreement: This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Operator or Operator who has
purchased the Property or has assumed the operation of the business permitted by the LAP, and
intends to make use of the rights and privileges available to it through the then existing LAP.
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01 G L~ Cureton Front Range, LLC — LAP21-0002 — RMCA21-0003
a®�_ Page 3 of 6
2.3 Rescission of LAP: This Agreement shall terminate following County's rescission of Operator's
LAP, except that the Operator shall only be released from this Agreement after the successful
completion of all improvements required under this Agreement.
2.4 Completion of Construction: This Agreement shall terminate following Operator's completion of
construction of the facilities authorized by the underlying LAP. Operator shall notify the County
of completion.
3.0 Rescission of LAP: Operator acknowledges that failure to comply with the material terms of this
Agreement constitutes cause to rescind the LAP, and County may exercise this option in its sole reasonable
discretion by proceeding with rescission under the then current provisions of the Weld County Code.
4.0 Court action: Upon notice of violation and failure to cure within the time permitted by this
Agreement, County may seek relief in law or equity by filing an action in the Weld District Court.
C. Miscellaneous Provisions.
1.0 Definitions:
1.1 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.
1.2 All references to "Haul Routes" include identified travel routes for subdivisions; references to
"haul vehicles" include subdivision vehicular traffic, as applicable.
1.3 All references to "Operator" shall include any individual or entity, including an "Operator", who
acts on behalf of the Operator regarding this Agreement.
2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in
part by Operator without the express written consent of County and the written agreement of the party to
whom the obligations under this Agreement are assigned. Operator's release of its obligations shall be
accomplished by County's execution of a new Improvements Agreement with the successor owner of the
property. Consent to a delegation or an assignment will not be unreasonably withheld or delayed by County.
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 Operator, and upon recording by the County, shall be deemed a covenant running with the land
a herein described.
g 3.0 Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as
a� a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
o Colorado Governmental Immunity Act § §24-10-101 et seq., as applicable now or hereafter amended.
m3* 4.0 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 such enforcement, shall be
strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any
:I 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,
sn : jg receiving services or benefits under this Agreement shall be an incidental beneficiary only.
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5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and
y incorporated herein, contains the entire agreement between the parties with respect to the subject matter
O a.
N� aZ Cureton Front Range, LLC — LAP21-0002 — RMCA21-0003
Page 4 of 6
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.
6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
7.0 Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and
void. In the event of a legal dispute between the parties, Operator agrees that the Weld County District Court
shall have exclusive jurisdiction to resolve said dispute.
8.0 Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of the
parties.
9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract Professional,
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.
10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
11.0 Authority to Sign: Each person signing this Agreement, 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, Operator shall provide the County with proof of Operator's authority to enter into this
Agreement within five (5) days of receiving such request.
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N o Cureton Front Range, LLC — LAP21-0002— RMCA21-0003
OAS= Page 5 of 6
OPERATOR: ton ro ge, LLC
By: � Date:
Name: Nicholas Holland
Title: Director, EHSR
F - SILVIA P CERRILLO
Notary Public
STATE OF COLORADO ) State Colorado
Notary I D# 20044013035
j ss. IMyComrnisslon Expires 04-14-2024
County of Weld )
The foregoing instrument was acknowledged before me this ` day of Lk GU\
202L by tJ cc j.
WITNESS my hand and official seal.
Notary Public
WELD COUNTY:
ATTES • ••tj BOARD OF COUNTY COMMISSIONERS
WeldLoujty Clerk to the B and WELD COUNTY, COLORADO
BY: /'ter► �S
Deputy Cl o e Bo �� eve Moreno, Chair
APR 0 7 2021
1861 0 1 Q_
Cureton Front Range, LLC — LAP21-0002 — RMCA21-0003 /
Page 6 of 6 >2O0t/ '/
New Contract Request
Entity Information
Entity Name* Entity ID * ❑ New Entity?
CURETON FRONT RANGE LLC 9 010039461
Contract Name * Contract ID Parent Contract ID
ROAD MAINTENACE AGREEMENT DURING CONSTRUCTION 4620
PERIOD LAP21-0002 CURETON FRONT RANGE LLC
Contract Lead* Requires Board Approval
Contract Status JTR.UJILLOMARTINEZ YES
CTB REVIEW
Contract Lead Email Department Project #
jtrujillomartinez weldgov.c
om
Contract Description
ROAD MAINTENACE AGREEMENT DURING CONSTRUCTION PERIOD LAP21-0002 CURETON FRONT RANGE LLC NO
COLLATERAL REQUIRED
Contract Description 2
Contract Type *
Department
Requested BOCCC Agenda Due Date
AGREEMENT
PUBLIC WORKS
Date* 0403 2021
04107,2021
Amount*
Department Email
$0.00
CM-
Will a work session with BOCC be required?*
PublicWorks4Tweldgov.corn
NO
Renewable *
NO
Department Head Email
Does Contract require Purchasing Dept. to be included?
CM-PublicWorks-
NO
Automatic Renewal
DeptHeadCweldgov.com
Grant
County Attorney
BOB CHOATE
IGA
County Attorney Email
BCHOATECa,CO.WELD.CO. US
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 "* Renewal Date
04; 07 2022
Termination Notice Period Committed Delivery Date Expiration Date*
04;07;,2023
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department I -lead
JAY MCDONALD
DH Approved Date
04{0112021
Final Approval
BOCC Approved
C Signed Date
BOCC Agenda Date
04/07/2021
Originator
JTRUJ t LLG MAR.TI NEZ
Contact Type Contact Email Contact Phone I Contact Phone 2
Purchasing Approved Date
04/0112021
Finance Approver
CONSENT
Finance Approved Date
04/01/2021
Tyler Ref #
AG 040721
Legal Counsel
CONSENT
Legal Counsel Approved Date
04/01/2021
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