HomeMy WebLinkAbout20202402.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
Patricia Nash — USR19-0053
DEPARTMENT: Public Works DATE: July 20, 2020
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the issue:
The Department of Public Works received a request from the applicant, Patricia Nash, requesting that the Board
of County Commissioners consider approving the Road Maintenance Agreement for (USR19-0053). 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 Use by Special Review Permit Resolution, as signed by
the Board of County Commissioners.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for USR19-0053, and that this
item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Approve Schedule as Regular
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Kevin D. Ross
7-5-ao
Recommendation
k•
BOCC Hearing It m Other/Comments:
cc P(A.Co4/7Trn I TL( TA),
PL(Asi KR)
og l ao l
2020-2402
(ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Patricia Nash — USR19-0053
THIS AGREEMENT is made this day o , 2010_, by and between Patricia
Nash, whose address is 212 S. McKinley Ave., Ft. Lupton, Cgibrado 80621, hereinafter referred to as
"Property Owner," authorized to do business in the State of Co orado, 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:
W1/2 NW1/4 /4 of Section 26, Township 2 North, Range
66 West of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received Board of County Commissioner approval of
USR190053, and
WHEREAS, Property Owner acknowledges that the final approval of USR19-0053 is conditional
upon Property Owner's funding 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 1: SITE SPECIFIC PROVISIONS
A. Haul/Travel 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.
1.0 Haul/Travel. Routes. The following roads are designated as haul/travel routes for the Property:
1) East and west along CR 18.
2.0 Haul trucks/traffic shall enter and exit the site at the approved access(es) on CR 18 and travel to
the nearest paved road for further dispersal. Any County roads used by traffic associated with USR19-
0053 may become part of the established haul/travel routes.
3.0 Weight Limits. No travel vehicles 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
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 twelve (12) month period shall authorize
the County to change the haul/travel routes designated herein, and provide notice to the Property Owner.
Patricia Nash — USR19-0053 - RMA19-0041
Page 1 of 7
5.0 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.
6.0 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 by the Board:
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.
2.1 Dust Control During Construction. If necessary, as determined by the County, the
Property Owner shall cause to be performed within 30 days of notification, at its sole expense,
dust control by a contractor approved by Weld County Public Works during the construction
period of the development.
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
2 receipt of such notice.
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 road portion
o --will require paving measures in order to protect the public health, safety, and welfare, and the County has
"M budgeted sufficient funds for the following calendar year to pay its share of the Off -Site
is3f Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site
NI` Improvements/Repairs shall be undertaken.
O Y-
NLL� 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
i r T -- calculated as determined in this Agreement. Property Owner will be invoiced accordingly for
ego. -
.-
(5v those proportional share costs.
dM.-.F:
!'. 6.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property
CD
Na
Owner of County's preliminary determination and assessment of Property Owner's proportional share of
a3N o - .
2:1) ",• Patricia Nash — USR19-0053 - RMA19-0041
72 44mw� Page 2 of 7
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. 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 Road Inspection. County may conduct a road inspection annually, or as needed, 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 II: GENERAL PROVISIONS
A. Permits:
1.0 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.
2.0 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
MI work shall occur without said ROW permit.
3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County
8 Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation
ay and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner._
o-.0
B. Enforcement and Remedies:
m: ICE
� 3
r.. 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the
r�-C terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
gr violated and shall state with specificity the facts and circumstances which County believes constitute the
=Er violation. Property Owner shall have fifteen (15) days within which to either cure the violation or
r demonstrate compliance. lf, after fifteen (15) days have elapsed, County believes in good faith that the
de violation is continuing, County may consider Property Owner to be in breach of this Agreement.
N i3
0
N p.�
o°OiY Patricia Nash — USR 19-0053 - RMA 19-0041
mom— Page 3 of 7
emU
2.0 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 USR Permit. Property Owner acknowledges that failure to comply with the
terms of this Agreement constitutes cause to revoke the USR, and County may exercise this
option in its sole discretion by proceeding with revocation under the then current provisions of
the Weld County Code.
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
the underlying land use approval under Weld County Code Section 23-2-290. 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 USR. 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 deteiurines that the USR
has been inactive for three (3) years.
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
USR, and intends to make use of the rights and privileges available to it through the then existing
USR.
3.4 Revocation of USR. This Agreement shall terminate following County's revocation of
Property Owner's USR, 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:
1.0 Successors and Assigns.
Patricia Nash — USR19-0053 - RMA19-0041
Page 4 of 7
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.
2.0 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.
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 §§24-10-101 et seq., as applicable now or hereafter
amended.
4.0 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 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 undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
5.0 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.
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, 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,
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.
9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature
Patricia Nash — USRI9-0053 - RMA19-0041
Page 5 of 7
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.
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 represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such
party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal
agreement binding on such party and enforceable in accordance with its terms. If requested by the
County, Property Owner shall provide the County with proof of Property Owner's authority to enter into
this Agreement within five (5) days of receiving such request.
12.0 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.
13.0 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.
Patricia Nash — USR19-0053 - RMA19-0041
Page 6 of 7
PROPERTY OWNER: Patricia Nash
By:
Name:
Title:
Y-- nefk
rflA
STATE OF COLORADO
County of Weld
Date:
SS.
"a
VALERIE R DREWLOW
Notary Public
State of Colorado
Notary ID # 20054034004
My Commission Expires 08-29-2021
The foregoing instrument was acknowledged before me thisy of \-1A-I''i\--
U
WITNESS my hand and official seal.
Notary Public
WELD COUNTY: C�
ATTEST: !;f.v(vi1) 4• ;t1
Weld C•ulty Clerk to the :o .rd
91411,11.i
BY:
r
O
V
a
•
LL' •
K
as w
at
No
040.
cON0
0);',354°WeGitiM
ao.. a
Deputy C14,1 to lc Boa
�r
V
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
Patricia Nash — USR19-0053 - RMA19-0041
Page 7 of 7
AUG 0 5 2020
02.0.20- oscio
Contract Form
New Contract Request
Entity information
Entity Name*
HASH, PATRICIA
Contract Name*
RMA19-0041 USR19-0053 PATRICIA NASH
Contract Status
CTB REVIEW
Entity ID*
fir► 0042536
Contract ID
3959
Contract Lead*
DRANDERSON
❑ New Entity?
Parent Contract ID
Requires Board Approval
YES
Contract Lead Email Department Project #
dranderson@co.weld.co.us
Contract Description
RMA19-0041 USR19-0053 PATRICIA NASH NO COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorics@weldgov.com
Department Head Email
CM-PublicWorks-
DeptHead a@weldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO. WELD. CO. US
Requested MCC Agenda
Date*
08/05/2020
Due Date
08/01/2020
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
On Base
Contract' Dates
Effective Date Review Date* Renewal Date
07/29/2021
Termination Notice Period
Committed Delivery Date Expiration Date*
08/05/2021
Contact Information
Contact Info
Contact Name
Contact Type
Contact Email
Contact Phone 1
Contact Phone 2
Purchasing Approver
CONSENT
Approval Process
Department Head
ELIZABETH RELFORD
DH Approved Date
07/30/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
08/05/2020
Originator
DRANDERSON
Finance Approver
CONSENT
Purchasing Approved Date
07/30/2020
Finance Approved Date
07/30/2020
Tyler Ref #
AG 080520
Legal Counsel
CONSENT
Legal Counsel Approved Date
07/30/2020
Submit
Hello