HomeMy WebLinkAbout20203871.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
T & R Properties, LLC — 1AMSPR20-18-0004
DEPARTMENT: Public Works DATE: December 2, 2020
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the issue:
The Department of Public Works received a request from the applicant, T & R Properties, LLC, requesting that
the Board of County Commissioners consider approving the Road Maintenance Agreement for
(IAMSPR20-18-0004). 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 Amended Site Plan Review Permit conditional approval
determination, 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 Road Maintenance Agreement According To Policy for IAMSPR20-18-0004, 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 Ross
a -71 -444 -
Schedule as Regular
BOCC Hearing Item Other/Comments:
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2020-3871
ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
T & R Properties LLC— 1 AMSPR20-18-0004
THIS AGREEMENT is made this I day of °CCr , 202 D, by and between T & R
Properties LLC, a limited liability company organized under the laws of the State of Colorado, whose
address is 20684 Niobrara Boulevard, LaSalle, Colorado 80645, 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 7 of Weld County Industrial Park, MINF12-0001;
being part of the W1/2 of Section 23, Township 4 North,
Range 66 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 conditional approval
of IAMSPR20-18-0004, and
WHEREAS, Property Owner acknowledges that the final approval of 1AMSPR20-18-0004 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 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 Routes. The following roads are designated as haul/travel routes for the Property:
1) Prior to the closing of the CR 33 and Highway 85 intersection, the haul route/travel route will
include north and south on CR 33 between Highway 85 and CR 42.
2) Upon the closure of the CR 33 and Highway 85 intersection, the permanent haul route/travel
route shall be east and west on CR 44 between Highway 85 and CR 35.
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 33 and CR 44 and travel
to the nearest paved road for further dispersal. Any County roads used by traffic associated with
1AMSPR20-18-0004 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.
T & R Properties LLC—1AMSPR20-18-0004 — RMA20-0067
Page 1 of 7
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 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:
2.0 Dust Control. Property Owner shall be fmancially 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
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 P- v
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determined through site analysis and/or pavement testing that a particular haul/travel route road portion as - -
will require paving measures in order to protect the public health, safety, and welfare, and the County has owil,i X
budgeted sufficient funds for the following calendar year to pay its share of the Off -Site m
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T & R Properties LLC — 1AMSPR20-18-0004 — RMA20-0067
Page 2 of 7
Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site
Improvements/Repairs shall be undertaken.
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
calculated as determined in this Agreement. Property Owner will be invoiced accordingly for
those proportional share costs.
6.0 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. County
personnel will determine the percentage based on then current Equivalent Single Axle Load (ESAL)
Counts. 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 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 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.
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 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.
PART II: GENERAL PROVISIONS
A. Permits: 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. 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
work shall occur without said ROW permit.
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01/19/2021 02:52 PM R Fee:$0,00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII NUM' #4101CIFIRIO:ILANIMPAIIIIiiiiiilivii III II
T & R Properties LLC—1AMSPR20-18-0004 — RMA20-0067
Page 3 of 7
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.
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 Amended SPR Permit. Property Owner acknowledges that failure to
comply with the terms of this Agreement constitutes cause to terminate the Amended 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 under Weld County Code Section 23-2-180. 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 Amended 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 Amended SPR 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
T & R Properties LLC—1AMSPR20-18-0004 — RMA20-0067
Page 4 of 7
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Amended SPR, and intends to make use of the rights and privileges available to it through the
then existing Amended SPR.
3.4 Termination of SPR. This Agreement shall terminate following County's termination of
Property Owner's Amended SPR, 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.
D. General Provisions:
1.0 Successors and Assigns.
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.
T & R Properties LLC—1AMSPR20-18-0004 — RMA20-0067
Page 5 of 7
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 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.
4672922 Pages : 6 of 7
01/19/2021 02:52 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
III
T & R Properties LLC — IAMSPR20-18-0004 — RMA20-0067
Page 6 of 7
PROPERTY OWNER: T & R Properties LLC
By:Trif-ACLWYY\
Name
Title: QW5i 6eN4
STATE OF COLORADO
County of Weld
)
Date \f•— `" a.0
SS.
PAMELA TROYAN
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20074035189
MY COMMISSION EXPIRES SEP 17, 2023
The foregoing instrument was acknowledged before me this / St of bile_
202 O , by —TEA BA 2
WITNESS my hand and official seal.
P0— IlloAaerk
Notary Public
WELD COUNTY:
ATTEST: �,,, elt) J649;e1 BOARD OF COUNTY COMMISSIONERS
Weld o . tv Clerk to the Bo d WELD COUNTY, COLORADO
BY.
Deputy Cl . to i e Bo
4672922 Pages: 7 of 7
01/19/2021 02:52 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Ilk 111111
e Freeman, Chair
DEC 2 3 2020
T & R Properties LLC—1AMSPR20-18-0004 — RMA20-0067
Page 7 of 7
Entity Information
Entity Name*
T & R PROPERTIES LLC
Entity ID*
W00043151
New Entity?
Contract Name* Contract ID
ROAD MAINTENANCE AGREEMENT 1AMSPR20-1 8-0004 T & 4336
R PROPERTIES LLC
Contract Status
CTB REVIEW
Contract Lead*
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgov.c
cm
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
ROAD MAINTENANCE AGREEMENT 1 AMSPR20-18-0004 T & R PROPERTIES 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-
PublicWorkscgweldgov.com
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO. WELD. CO. U S
Requested BOCC Agenda
Date*
12,/23,2020
Due Date
12119;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
On8ase
Contract Dates
Effective Date Review Date* Renewal Date
12.23/2021
Termination Notice Period
Contact Information
Committed Delivery Date
Expiration Date*
12:2.3/2022
Contact Info
Contact Name
Contact Type Contact Email
Contact Phone 1
Contact Phone 2
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
12/1712020
Final Approval
BOCC Approved
YES
BOCC Signed Date
12!232020
BOCC Agenda Date
12;2312020
Originator
JTRUJILLOMARTINEZ
Finance Approver
CONSENT
Purchasing Approved Date
12117;2020
Finance Approved Date
12, 1 7,2020
Tyler Ref #
2020-3871
Legal Counsel
CONSENT
Legal Counsel Approved Date
12/17/2020
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