HomeMy WebLinkAbout20203566.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
Verdad Resources, LLC c% Cureton Midstream, LLC — 1MUSR20-18-0022
DEPARTMENT: Public Works DATE: November 12, 2020
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the issue:
The Department of Public Works received a request from the applicant, Verdad Resources, LLC c/o Cureton
Midstream, LLC, requesting that the Board of County Commissioners consider approving the Road Maintenance
Agreement According to Requirements During the Construction Period (IMUSR20-18-0022). 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 First Minor Amendment Use by Special Review Permit
conditional approval, as signed by the Director of Planning Services.
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 Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements for 1 MUSR20-18-0022, and that this item be placed on the next regularly scheduled
BOCC Hearing, as part of the Consent Agenda.
Approve
Recommendation
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Kevin D. Ross
Schedule as Regular
BOCC Hearing Item Other/Comments:
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2020-3566
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Karla Ford
From:
Sent:
To:
Subject:
Yes
Approve
Steve Moreno
Wednesday, November 18, 2020 12:13 PM
Karla Ford
Re: Please Reply - BOCC PA REVIEW - 1 M U SR2O-18-0022 Verdad
Sent from my iPhone
On Nov 18, 2020, at 10:10 AM, Karla Ford <kford@weldgov.com> wrote:
Please advise if you approve recommendation. Thanks.
Karla Ford S
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.Q. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.e5:00p.ma**
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
From: Jazmyn Trujillo Martinez <"tru'illpmartinezweldgov.com>
Sent: Wednesday, November 18, 2020 8:47 AM
To: Cheryl Hoffman <choffnian weld oy.com>r Dawn Anderson <dranderson@weldgov.com>►
Elizabeth Relford <eretford@vveldgov.com>; Esther Gesick <eges ck@weldgov.corn>; Jay McDonald
<jmcdonald@weldgovbcorri>; Karla Ford <kford@weldgov.com>; Trace Anderson
< :a nd er-son@weldov.corn>
Subject: BOCC PA REVIEW - 1MUSR20-18-0022 Verdad
ATTACHED BOCC PA REVIEW
Improvements Agreement: Road Maintenance Agreement during Construction
Case/Applicant: 1MUSR2O-18-OO22 Verdad Resources LLC c/o Cureton Midstream LLC
Please note: Consent agenda
Thanks!
Best,
1
0
ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
Verdad Resources, LLC, c/o Cureton Front Range, LLC— 1MUSR20-18-0022
THIS AGREEMENT is made this la day of gjor-k.i , 202Q, by and between Verdad
Resources, LLC, 5650 Cedar Springs Road, Office 200, Dallas, Texas 75235 c/o Cureton Front Range, LLC,
518 17th Street, Suite 1405, Denver, Colorado 80202 a limited liability company organized under the laws of
the State of Delaware, 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 C of Recorded Exemption, RE -3078; being part of the
S1/2 of Section 19, Township 1 North, Range 64 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 approval of
1MUSR20-18-0022, and
WHEREAS, the Property Owner facility will generate additional vehicles and heavy traffic directly
associated with 1 MUSR20-18-0022, for an extended period of time; and
WHEREAS, the County, and Property Owner 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
8
B. Haul/Travel Routes. The Property Owner shall be financially responsible for its proportional share
S -♦ of the associated costs for maintaining and/or improving designated haul/travel routes.
U
Q.1 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property:
4... o 1) North and south along CR 49 between Highway 52 and CR 4.
2) East and west along CR 4 between CR 49 and CR 45.
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a --rim 3) North and south along CR 45 between Highway 52 and CR 2.
cop.•_
4) See "Exhibit A" — Haul Route Map.
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2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 49 and travel north -south per
the approved haul route. Any County roads used by traffic associated with 1MUSR20-18-0022 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
above -mentioned 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.
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.
C. Maintenance Requirements:
1.0 Off -Site Dust Control/Abatement. The Property Owner is required to provide dust abatement along
affected haul route roads, as determined by the County. County will determine the proportionate share of dust
control to be paid by Property Owner. 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) of the Property Owner'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. Property Owner 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 Property
Owner'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 Property Owner's sourced traffic no longer utilizes the
above -described haul route and instead utilizes other portions of County roads, Property Owner 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
S 31 written notice.
o 4' 2.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project traffic
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m3 ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant
w Damage. Property Owner shall identify the repair required and shall consult with County on the
4._ m,- extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within
c i o 2 twenty-four (24) hours after receipt of such notice and shall commence such repair within
forty-eight (48) hours after receipt of such notice.
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that causes an immediate threat to public health and safety or renders the road impassible
2.2 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 described in this Agreement.
3.0 Proportionate Share of Road Maintenance Responsibilities.
3.1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement, paving,
repairs, or maintenance of any particular Haul Route Road. Property Owner's Proportionate Share
shall be based upon the percentage of traffic on the road that is attributable to Property Owner's
facility. County personnel will determine the percentage based on then current Equivalent Single
Axle Load (ESAL) Counts. Property Owner shall not be responsible for traffic that is not sourced
from the Property Owner's facility.
3.2 The County shall notify Property Owner of County's preliminary determination and assessment
of Property Owner's proportionate share of costs. 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
proportionate share of costs.
Part II: GENERAL PROVISIONS
A. General Requirements:
1.0 Permits. Property Owner must still apply for and abide by the terms of any necessary right-of-way
permits, grading permits, and building permits. No work may occur in the County's right-of-way without a
County -issued right-of-way permit and access permit.
2.0 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 and
description caused by, arising from, or on account of said design and construction of the site specific Use
associated with I MUSR20-18-0022, 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. Property Owner shall be financially responsible for any and all damage
S caused to any Weld County Road as a result of the design and construction of the site specific Use associated
_r=with 1MUSR20-18-0022, without regard to the negligence, or lack thereof, of Property Owner 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.
134
m3 B. Violations of Agreement and Remedies
m
0 o 1.0 Violation of Terms of Agreement. If in County's reasonable opinion, Property Owner has violated any
mix -I of the terms of this Agreement, County shall so notify Property Owner and shall state with specificity the facts
a E M and circumstances which County believes constitute the violation. Property Owner shall have thirty (30) days
01 within which to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy
n. 15, described in this Agreement or otherwise provided by law.
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2.0 Termination of Agreement. Termination Event: This Agreement shall terminate upon the earliest of
the following events:
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur upon
Property Owner's complete cessation of all activities permitted by the Amended USR. 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 Property
Owner of cessation of activities, and verified by the County, cessation shall be presumed if the
County determines that the USR has been inactive for three (3) years.
2.2 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 Amended
USR, and intends to make use of the rights and privileges available to it through the then existing
Amended USR.
2.3 Revocation of Amended USR: This Agreement shall terminate following County's revocation of
Property Owner's Amended USR, except that the Property Owner 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 Property Owner's
completion of construction of the facilities authorized by the underlying Amended USR. Property
Owner shall notify the County of completion.
3.0 Revocation of Amended USR. Property Owner acknowledges that failure to comply with the material
terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole
reasonable discretion by proceeding with revocation 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 "Property Owner" shall include any individual or entity, including an "Operator",
who is acts on behalf of the Property Owner regarding this Agreement.
2.0 Successors and Assigns. This Agreement may not be delegated, transferred or assigned in whole or in
part by Property Owner without the express written consent of County and the written agreement of the party
to whom the obligations under this Agreement are assigned. 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. 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
Verdad Resources, LLC, do Cureton Front Range, LLC— 1MUSR20-18-0022 — RMCA20-0007
Page 4 of 6
Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of
Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein
described.
3.0 Governmental Immunity. No term or condition of this agreement 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 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
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,
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, if applicable, 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, Property Owner 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 Attorney's 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
"_h shall be null and void.
g r 11.0 Authority to Sign. Each person signing this Agreement, and associated Exhibits, represents and
m a warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each
mparty represents and warrants to the other that the execution and delivery of the Agreement and the performance
a of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal
c LL o agreement binding on such party and enforceable in accordance with its terms. If requested by the County,
re
y Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement
�a W. within five (5) days of receiving such request.
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202 0, by
PROPERTY : V rdad Resources, LLC c/o Cureton Front Range, LLC
By: Date /000r
Name: /1/1€
Title:
STATE OF COLORADO
County of Weld
ss.
The foregoing instrument was acknowledged before me this iaita of
l iLrd
WITNESS my hand and official seal.
®ILLIE J. MOORE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20024034431
MY COMMISSION EXPIRES OCT. 22, 2022
WELD COUNTY:
A I I'EST: diritioNj
Weld you ty_Cle_o the Bo
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Cl-`` tot a Board j'� 1 /� ��� Mike Freeman, Chair
DEC 0 2 2020
Verdad Resources, LLC, do Cureton Front Range, LLC —1 MUSR20-18-0022 — RMCA20-0007
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PUBLISHED BY
0-09_CMRM_Hau
USR18-0022
SubX18-0024
1 MUSR20-18-0022 (Pending Approval)
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1 "= 1,800'
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Note:
Haul trucks will enter and exit the site at AP18-00602.
AP 18-00602 is the existing permitted access for USR18-0022.
It is an upgraded access point on CR 49 (1 -Industrial) located
approximately 2.570 feet north of CR 6.
• Permitted Access
— Haul Road
QUSR - Use by Special Review
Cureton Front Range, LLC
Tiger Compressor Station
1 MUSR20-18-0022
Haul Route Map
Olsson Project #020-2618
NAD 1983 StatePlane Colorado North FIPS 0501 Feet
Basemap Google Maps Image -r
New Contract Request
Entity Information
Entity Name*
VERDAD RESOURCES LLC
Entity ID*
@00038645
Contract Name*
RMCA20-0007 1 MUSR20-18-0022 VERDAD RESOURCES,
LLC
Contract Status
CTB REVIEW
LI New Entity?
Contract ID
4276
Contract Lead*
DRANDERSON
Contract Lead Email
dranderson@co weld co us
Parent Contract ID
Requires Board Approval
YES,
Department Project #
Contract Description*
RMCA20-0007 1 MUSR20-18-0022 VERDAD RESOURCES, LLC C/O CURETON FRONT RANGE, LLC NO COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0 00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgov corn
Department Head Email
CM-PublicWorks-
DeptHead@weldgov corn
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO WELD CO US
Requested BOCC Agenda
Date*
12/02/2020
Due Date
11/28/2020
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
Termination Notice Period
Review Date*
11/25/2021
Committed Delivery Date
Renewal Date
Expiration Date*
12/02/2021
f
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
11/24/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
12/02/2020
Ongmator
DRANDERSON
Contact Type
Contact Email
Finance Approver
CONSENT
Contact Phone 1[
Purchasing Approved Date
11/24/2020
Finance Approved Date
11/24/2020
Tyler Ref #
AG 120220
Legal Counsel
CONSENT
Contact Phone 2
Legal Counsel Approved Date
11/24/2020
Hello