HomeMy WebLinkAbout20200982.tiffCheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Hi Cheryl,
Esther Gesick
Monday, April 6, 2020 10:57 AM
Cheryl Hoffman
Dawn Anderson; Zackery Roberson; Maxwell Nader
FW: SPR19-0007 withdrawal
WITHDRAW STATEMENT.pdf
Follow up
Flagged
Here is the withdrawal documentation for SPR19-0007, which we discussed last week. Once you receive the IA back
from recording, please close out this process by including this backup as an Addition to File under Communications, as
well as making the necessary notes on the Collateral/IA list and TylerCM [#2020-0982, PL2520].
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street P.O. Box 7581 Greeley, CO 80632
tel: (970) 400-4226
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: Dawn Anderson <dranderson@weldgov.com>
Sent: Monday, April 6, 2020 10:02 AM
To: Esther Gesick <egesick@weldgov.com>
Subject: FW: SPR19-0007 withdrawal
Esther,
Attached is the email from the applicant requesting that we stop processing SPR19-0007. This is the one that I spoke
with you about that we had sent the IA/RMA for recording as it had been approved on the 3/25 consent agenda.
Let me know if you need anything else.
Thank you,
Dawn R. Anderson
Development Review Manager
Weld County Public Works,
2c7.2..0 — Oq �i�-
/13120
1
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: Maxwell Nader <mnader@weldgov.com>
Sent: Monday, April 6, 2020 9:33 AM
To: Dawn Anderson <dranderson@weldgov.com>
Cc: Zackery Roberson <zroberson@weldgov.com>
Subject: RE: SPR19-0007 withdrawal
Please see updated withdraw statement.
Best,
Maxwell Nader
Planner I
1555 N 17th Ave
Greeley, CO 80631
mnaderPweldgov.com
Phone: (970)-400-3527
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: Dawn Anderson <dranderson@weldgov.com>
Sent: Friday, April 03, 2020 2:14 PM
To: Maxwell Nader <mnader@weldgov.com>
Cc: Zackery Roberson <zroberson@weldgov.com>
Subject: RE: SPR19-0007 withdrawal
Thank you Max. I will be watching for it.
Thank you,
Dawn R. Anderson
Development Review Manager
Weld County Public Works
2
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: Maxwell Nader <mnader@weldgov.com>
Sent: Friday, April 3, 2020 12:14 PM
To: Dawn Anderson <dranderson@weldgov.com>
Cc: Zackery Roberson <zroberson@weldgov.com>
Subject: SPR19-0007 withdrawal
Dawn,
Zack caught it earlier but Stan says that SPR1O-0007 is being withdrawn. I am going to shoot him an email so that it says
SPR19-0007 correctly. So you will be getting another email that is correct. Just wanted to tell you that.
Best,
Maxwell Nader
Planner I
1555 N 17th Ave
Greeley, CO 80631
mnaderPweldgov.com
Phone: (970)-400-3527
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.
3
Maxwell Nader
From: NRX <stan@nrxconstruction.com>
Sent: Monday, April 06, 2020 6:17 AM
To: Maxwell Nader
Subject: Re: Skyway
Follow Up Flag: Follow up
Flag Status: Flagged
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Please stop the approval process for SPR19-0007, Thank you .
Stan Wagoner
NRX
970-846-9589
Stan@nrxconstruction.com
From: Maxwell Nader <mnader@weldgov.com>
Sent: Friday, April 3, 2020 12:15 PM
To: NRX <stan@nrxconstruction.com>
Subject: RE: Skyway
Please state the correct SPR # as in SPR19-0007 not SPR10-0007. Sorry we just need to make sure it is correct.
Best,
Maxwell Nader
Planner
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
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.
1
From: NRX <stan@nrxconstruction.com>
Sent: Friday, April 03, 2020 6:55 AM
To: Maxwell Nader <mnader@weldgov.com>
Subject: Re: Skyway
I
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Please withdraw project SPR1O-0007 from consideration for approval . Thank you very much .
Stan Wagoner
NRX
970-846-9589
Stan@nrxconstruction.com
From: Maxwell Nader <mnader@weldgov.com>
Sent: Thursday, April 2, 2020 11:04 AM
To: NRX <stan@nrxconstruction.com>
Subject: RE: Skyway
Stan,
No just a simple email stating that you are officially withcrawing SPR19-0007.
Best,
Maxwell Nader
Planner I
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
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 actior concerning the contents of this communication or any attachments
by anyone other than the named recipient is strictly prohibited.
From: NRX <stan@nrxconstruction.com>
Sent: Thursday, April 02, 2020 10:49 AM
2
To: Maxwell Nader <mnader@weldgov.com>
Subject: Re: Skyway
f
CautioE,. This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Is there a form or template you want me to use ?
Stan Wagoner
NRX
970-846-9589
Stan@nrxconstruction.com
From: Maxwell Nader <mnader@weldgov.com>
Sent: Monday, March 30, 2020 7:45 AM
To: NRX <stan@nrxconstruction.com>
Subject: RE: Skyway
Stan,
I still will need a legitimate withdraw statement from the owner of the property or the authorization agent (you).
Best,
Maxwell Nader
Planner I
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
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: NRX <stan@nrxconstruction.com>
Sent: Wednesday, March 25, 2020 10:16 AM
To: Maxwell Nader <mnader@weldgov.com>; Zackery Roberson <zroberson@weldgov.com>; Servando
<servando@nrxconstruction.com>
Subject: Skyway
3
f
Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
The project has been shut down . The owner has purchased another property . Thank you for help to get us
this far but we will not need to take up any more of your time . The project may move forward at another date
. Thank again .
Stan Wagoner
NRX
970-846-9589
Stan@nrxconstruction.com
4
OARD ' COUNTY COMMISSIONERS
PASS-AR•UN REVIEW/Reg lar or Co s r sent Hearing Age d
RE: 0CC A e;u da Item v Approve Road Maintenance Agreement ff
North 119 Holdings, LLC -- SPR19-0007
DEPARTMENT: Public Works DATE: February 6, 2020
PE •! SON REQUESTING: Tisa Juanicorena
Brief description of the issue:
The Department of Public Works received a req
that the Board of County Commiss'..:
(SPR1 9-0007). No collateral is requir-.`'with this
Weld County Public Works, P3: .'.ng
:r.
above -mentioned signed original do,::„, e t
ervices
obs
m t'_-.. applicant, Nort 5 `. 19 Holdings, LLC, requesting
approving the reeent for ... �d Maintenance Agreement
d the County
ed the followi
• All Public Works re! ed it&i' 3 s e "Road Maintenanc
be acceptable.
• This Agreement c
Planning Serves
ttorney's Office have reviewed the
Agreement According To Policy", are found to
s with t `- terms of the ° e Plan Review Permit, as signed by the Director of
What options exist ;::f. t`','oard''
L Have this OCC item be paced on : e next available agenda << s part of the Consent Agenda.
I Have this BOCC He te . be pilau a o the text available agenda as part of the Regular Agelida.
F
Reel) mend ::u i n:
Optio:; :1 ` ,. epartm nts of Public orks, Planning Services and the County Attorney's Office are
e t tenance Agreement According To Policy for SPR 19-0007 and that this
recQn����: ding �,� �. oval ��� the Road 1�r�t• � �� g�' g
item be pl.. ed ®, _ regularly s eduled BOCC Hearing, as part of the Consent Agenda.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pry: ern
A s . e Schedule ,as Regular
Re . m endatio : BOCC Hearing Item Other/Comments
rne
.oP C f -'O -rc.1flint
oul weer/ 90
6Ob())
fai -02D
2020-0982
r
LI9LacZo
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Hi Cheryl,
Esther Gesick
Monday, April 6, 2020 10:57 AM
Cheryl Hoffman
Dawn Anderson; Zackery Roberson; Maxwell Nader
FW: SPR19-0007 withdrawal
WITHDRAW STATEMENT.pdf
Follow up
Flagged
Here is the withdrawal documentation for SPR19-0007, which we discussed last week. Once you receive the IA back
from recording, please close out this process by including this backup as an Addition to File under Communications, as
well as making the necessary notes on the Collateral/IA list and TylerCM [#2020-0982, PL2520].
6
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80 532
tel: (970) 400-4226
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: Dawn Anderson <dranderson@weldgov.com>
Sent: Monday, April 6, 2020 10:02 AM
To: Esther Gesick <egesick@weldgov.com>
Subject: FW: SPR19-0007 withdrawal
Esther,
Attached is the email from the applicant requesting that we stop processing SPR19-0007. This is the one that I spoke
with you about that we had sent the IA/RMA for recording as it had been approved on the 3/25 consent agenda.
Let me know if you need anything else.
Thank you,
Dawn R. Anderson
Development Review Manager
Weld County Public Works
•
1
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: Maxwell Nader <mnader@weldgov.com>
Sent: Monday, April 6, 2020 9:33 AM
To: Dawn Anderson <dranderson@weldgov.com>
Cc: Zackery Roberson <zroberson@weldgov.com>
Subject: RE: SPR19-0007 withdrawal
Please see updated withdraw statement.
Best,
Maxwell Nader
Planner I
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
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: Dawn Anderson <dranderson@weldgov.com>
Sent: Friday, April 03, 2020 2:14 PM
To: Maxwell Nader <mnader@weldgov.com>
Cc: Zackery Roberson <zroberson@weldgov.com>
Subject: RE: SPR19-0007 withdrawal
Thank you Max. I will be watching for it.
Thank you,
Dawn R. Anderson
Development Review Manager
Weld County Public Works
2
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: Maxwell Nader cmnader@weldgov.com>
Sent: Friday, April 3, 2020 12:14 PM
To: Dawn Anderson <dranderson@weldgov.com>
Cc: Zackery Roberson <zooberson@weldgov.com>
Subject: SPR19-0007 withdrawal
Dawn,
Zack caugnt it earlier but Stan says that SPR10-0007 is being withdrawn. I am going to shoot him an email so that it says
SPR19-0007 correctly. So you will be getting another email that is correct. Just wanted to tell you that.
Best,
MaxweHH Nader
Planner I
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
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.
3
Maxwell Nader
From:
Sent:
To:
Subject:
NRX <stan@nrxconstruction.com>
Monday, April 06, 2020 6:17 AM
Maxwell Nader
Re: Skyway
Follow Up Flag: Follow up
Flag Status: Flagged
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Please stop the approval process for SPR19-0007, Thank you .
Stan Wagoner
NRX
970-846-9589
Stan@nrxconstruction.com
'XM'AMcm .v0SwL t .r:e/AWl Mrr IWWatilitY eumeYn4'vak Ytk+ tkeMShC41ZoMfa4tfISS~e4gxru.s nn,Nw:arWAH.eaakttVNW7Ntar Z6Pstar(G.arxW4xMSYO%M rS4.5SXatox0MYXrrar
From: Maxwell Nader <mnader@weldgov.com>
Sent: Friday, April 3, 2020 12:15 PM
To: NRX <stan@nrxconstruction.com>
Subject: RE: Skyway
4M1'(Mr�fNXm� ��Y<4YACM3STdYJOA1\�1.Y(2f: E94V3RC+�2M"A'SIMfSKAYMfSNWrtW'M1tW TJ+Y'r'+SXNdm>M"4�'.4\YdS'(OYY,Nn✓A�QT�.4AYM41kNXA..NK4\
Please state the correct SPR # as in SPR19-0007 not SPR10-0007. Sorry we just need to make sure it is correct.
Best,
faxweH Nader
Planner I
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
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 tnan the named recipient is strictly prohibited.
1
From: NRX <stan@nrxconstruction.com>
Sent: Friday, April 03, 2020 6:55 AM
To: Maxwell Nader <mnader@weldgov.com>
Subject: Re: Skyway
f
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Please withdraw project SPR10-0007 from consideration for approval . Thank you very much .
Stan Wagoner
NRX
970-846-9589
Stan@nrxconstruction.com
From: Maxwell Nader <mnader@weldgov.com>
Sent: Thursday, April 2, 2020 11:04 AM
To: NRX <stan@nrxconstruction.com>
Subject: RE: Skyway
Stan,
No just a simple email stating that you are officially witndrawing SPR19-0007.
Best,
Maxwell Nader
Planner I
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
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 's privileged, confidential or otherwise protected from disclosure.
If you have received this communication in error, please immediate y 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: NRX <stan@nrxconstruction.com>
Sent: Thursday, April 02, 2020 10:49 AM
2
To: Maxwell Nader <mnader@weldgov.com>
Subject: Re: Skyway
f
This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Is there a form or template you want me to use ?
Stan Wagoner
NRX
970-846-9589
Stan@nrxconstruction.com
I •tt/ t Ii. - 2'rSfl r nt
From: Maxwell Nader <mnader@weldgov.com>
Sent: Monday, March 30, 2020 7:45 AM
To: NRX <stan@nrxconstruction.com>
Subject: RE: Skyway
Stan,
Is
wryer-..aao.-.-is.vv.v-aurs� �saG:.,-^+x,•.. _
ill will need a Legitimate withdraw statement from the owner of the property or the authorization agent (you).
Best,
Maxwell Nader
Planner I
1555 N 17th Ave
Greeley, CO 80631
mnader@weldgov.com
Phone: (970)-400-3527
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: NRX <stan@nrxconstruction.com>
Sent: Wednesday, March 25, 2020 10:16 AM
To: Maxwell Nader <mnader@weldgov.com>; Zackery Roberson <zroberson@weldgov.com>; Servando
<serva ndo@ n rxconstruction.com>
Subject: Skyway
3
f
This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
The project has been shut down . The owner has purchased another property . Thank you for help to get us
this far but we will not need to take up any more of your time . The project may move forward at another date
. Thank again .
Stan Wagoner
NRX
970-846-9589
Stan@nrxconstruction.com
4
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ROAD MAINTENANCE AGREEMENT ACCO
POLICY REGARDING COLLATERAL FOR : ` OV
North 119 Holdings, LLC — SPR19-0007
THIS AGREEMENT is made this day of
Holdings, LLC, a corporation organized under the laws of the
Skyway Drive, Longmont, CO 80504, hereinafter re ed to
business in the State of Colorado, and the Coun of
Colorado, by and through its Board of County C
Colorado 80631 hereinafter referred to as "Coun
WITNES SETH:
WHEREAS, Property
Weld, Colorado:
VCC Lot 1s!.
Sec on •�., .
7 {r
P. .. \\T 0. Lo b i?
hereinafter referred to as „SF zle Prope
202. , by and be en North 119
Co ado, whos address is 3 031
rty Owner,9 authorized to do
rporate and t litic of the State of
ose address is 11/ "O" Street, Greeley,
the following des ibed property in the County of
ommercial Ce :w" er, Filing #1,
rth, Range 68x. ' est of the 6th
Colorado
WHEREAS, P per Owner as received -` ministrative
Planning Services fa4 SPR19-0=:7, and
WH
upon Property O
proval from tie Department of
S, Pr erty Owl - r acknowle -es that the final approval
er' s a - ement to the road
SP 19-0007 is conditional
aintenance described in this Areement.
NOW, THER FOR 9'-1 CONSID TION OF ► e for
ies hereto prom, e, covenant and aj ee as
PART I: SITE ' ' ECIFIC ROVISIONS
contained h::, ein, the p
A
sh
Property Ow
iated with maintaii
and of th
s:
romises and covenants
be fina '` Tally responsible for its proportional
id/or impro`'`ng designated haul/travel routes.
1.0 '`=Trafc/ ; ul Route:.: The following roads are desig ted as haul travel routes for the Property:
1) From the A ess on Skyway Drive north to Vista View Drive.
2) Vista ViDrive east to CR 3.5 or west to CR 5.
2.0 Traffic all enter and exit the site at the approved access(es) on Skyway Drive and travel east/west
for further di}'ersal. Any County roads used by traffic associated with SPR19-0007 may become part of
the establis : - `d haul/travel routes.
3.0 eight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle
and a 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
North 119 Holdings, LLC — SPR19-0007 - RMA20-0006
Page 1 of 7
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.
B. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, as required by the Board:
2.0 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.
3.0 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).
4.0 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 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.
4.1 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.
5.0 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 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
North 119 Holdings, LLC — SPR19-0007 - RMA20-0006
Page 2 of 7
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.
6.0 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.
7.0 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: The 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:
1.0 Access Permits. Operator 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 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
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.
B. Enforcement and Remedies:
1.0 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.
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.
North 119 Holdings, LLC - SPR19-0007 - RMA20-0006
Page 3 of 7
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 Termination of SPR Permit. Property Owner acknowledges that failure to comply with the
terms of this Agreement constitutes cause to terminate the SPR, and County may exercise this
option in its sole discretion by proceeding with termination 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 termination of
the underlying land use approval. 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 SPR 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 determines that the SPR 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 SPR, and
intends to make use of the rights and privileges available to it through the then existing SPR.
3.4 Termination of SPR. This Agreement shall terminate following County's termination of
8 Property Owner's SPR, except that the Property Owner shall only be released from this Agreement
a= 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.
Q.41 3.5 Completion of Construction: This Agreement shall terminate following Property Owner's
w�� om completion of construction of the facilities authorized by the underlying SPR. Property Owner shall
°•,i. 0—r. notify the County of completion.
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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
North 119 Holdings, LLC — SPR 19-0007 - RMA20-0006
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 itsemployees
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.
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North 119 Holdings, LLC — SPR19-0007 - RMA20-0006
Page 6 of 7
PROPE
By:
Name:
Title:
1 9 Holdings, LLC
STATE OF COLORADO
County of Weld
Date:
SS.
AMY SMITH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20044007741
MY COMMISSION EXPIRES 03/03/2020
The foregoing foinstrument
�was
Qacknowledged before me this
2020, by ` 3hr) awarc ` -
WITNESS my hand and official seal.
day of 1 r -a ',
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WELD COUNTY:C�
ATTEST: =1.ol:, t/ v• ;t1
Weld my Clerk to the Bo
BY:
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Deputy Cl
Mike Freeman, Chair
North 119 Holdings, LLC — SPR19-0007 - RMA20-0006
Page 7 of 7
MAR 2 5 2020
Contract Form
New Contract Request
Entity Information
Entity Name*
NORTH 119 HOLDING LLC
Entity ID*
@00042084
Contract Name*
RMA20-0006 SPR19-0007 NORTH 119 HOLDINGS, LLC
Contract Status
CTB REVIEW
Contract Description*
RMA20-0006 SPR19-0007 NORTH 119 HOLDINGS, LLC
Contract Description 2
Contract Type*
AGREEMENT
Amount*
50.00
Renewable*
NO
Automatic Renewal
ant
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgovcom
Department Head Email
CM-PubiicWorks-
DeptHead@weldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO.WELD.CO.US
tf 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
Contract ID
3411
Contract Lead*
BRANDERSON
Contract Lead Email
dranderson@co.weld.co
New Entity?
Us
Requested BOCC Agenda
Date*
03125/2020
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
03/21/2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
Review Date*
03/18/2021
Termination Notice Period Committed Delivery Date
Renewal Date
Expiration Date *
03/25/2021
Contact Information
Contact Info
Contact Name
Contact Type Contact [mail
Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
0320/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Originator
DRANDERSON
Finance Approver
CONSENT
Purchasing Approved Date
03/20/2020
Finance Approved Date
03/20/2020
Tyler Ref #
CONSENT
Legal Counsel
CONSENT
Legal Counsel Approved Date
03/20,2020
Submit
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