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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for:
Joel Velasco — USR19-0045
DEPARTMENT: Public Works DATE: October 28, 2019
PERSON REQUESTING: Tisa Juanicorena
Brief description of the issue:
The Department of Public Works received a request from the applicant, Joel Velasco, requesting that the Board
of County Commissioners consider approving the Improvements and Road Maintenance Agreement for
(USR19-0045). 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 "Improvements & Road Maintenance Agreement According To
Policy Regarding Collateral For Improvements", are found to be acceptable.
• This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by
the Board of County Commissioners.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements for USRI 9-0045, and that this item be placed on the next regularly scheduled BOCC
Hearing, as part of the Consent Agenda.
Approve Schedule as Regular
Recommendation J3OCC Hearing Item Other/Comments:
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
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2019-4959
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Joel Velasco — USR19-0045
THIS AGREEMENT is made this 2:5 day of Uc-4&1, 2011, by and between Joel Velasco,
whose address is 16955 CR 33, Platteville, CO 80651, 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 A of 2nd Amended Recorded Exemption, 2nd
AMRE-2031; being part of the E1/2 NE 1/4 of Section 10,
Township 3 North, Range 66 West of the 6th P.M., Weld
County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received Board of County Commissioner approval of
USR19-0045, and
WHEREAS, Property Owner acknowledges that the final approval of USR19-0045 is conditional
upon Property Owner's funding and/or construction of the off -site improvements and road maintenance
described in this Agreement and depicted in the following incorporated exhibits:
Exhibit A — Future Improvements Costs of Construction, to be attached pursuant to Part I, B.3.0, below
Exhibit B— Future Improvements Construction Schedule Triggers, to be attached pursuant to Part I, B.4.0,
below
Exhibit C — Construction Plans, to be attached when triggered pursuant to Part I, A.3.0, below
Exhibit D— Plat Map (recorded simultaneously with this Agreement), and
WHEREAS, Property Owner acknowledges they may not operate as described in USR19-0045
until said improvements have been completed and accepted by County, and
WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code
Section 23-2-290, the failure to commence construction of the improvements outlined herein within three
(3) years of the approval of USR19-0045 may result in the revocation or suspension of USR19-0045, upon
consideration and order of the Board of County Commissioners, and understands they will need to be in
compliance with current federal, state and local standards at that time, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for off -site
improvements as required by this Agreement when the Board of County Commissioners approves this
Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and ofthe promises and covenants
contained herein, the parties hereto promise, covenant and agree as follows:
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Carly Koppes, Clerk and Recorder, Weld County, CO
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PART!: SITE SPECIFIC PROVISIONS
A. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible
for the construction of certain off -site safety improvements as identified in the USR hearing Resolution,
which may include, but are not limited to: construction of adequate turning radii of sixty (60) feet at the
main entrances and exits which extend into County road Rights -of -Way (ROW) connecting to the County
road system, and off -site drainage and signage installations, as indicated on the accepted Exhibit D and
future Exhibit C, as required. On -Site improvements that create more run-off than the historical amount
may require off -site drainage improvements to roads and ROW. Any approved access point(s)
improvements will include standard County approved tracking control, and may include a double cattle
guard set (one right after the other), placed back to back across the entire width of the access, to ensure a
complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent
County road.
1.0 Road Improvements Responsibilities. Property Owner is solely responsible for the required off -site
designated improvements. These responsibilities may include but are not limited to the following: design,
surveys, utility locates, acquisition of ROW, dedication of ROW, ROW and Access Permits and fees,
coordination with oil and gas operators and facilities and affected irrigation facilities, and utilities, traffic
control, and project safety during construction. Property Owner shall obey all applicable regulations issued
by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies.
B. Future Off -Site Improvements:
1.0 Traffic Triggers. When the traffic associated with the Use by Special Review Permit reaches certain
safety thresholds as set forth in this agreement, the Property Owner shall design and construct required road
improvements based on the amount of traffic being generated by the site. The Property Owner's
development does not currently meet the traffic safety triggers requiring the improvements specifiedbelow;
however, off -site or phased improvements may be warranted in the future.
1.1 Property Owner shall be required to design, obtain right-of-way, relocate utilities, and
construct said auxiliary lanes into their site if/when all traffic to/from the Property meets the
following traffic triggers:
• Design and construct a paved roadway along CR 36 and/or participate in
proportional share of county determined paving whenever traffic exceeds gravel
capacity or becomes a safety hazard to traveling public.
• Property Owner shall design and construct a left deceleration/turn lane on CR 36
whenever traffic exceeds 10 vehicles per hour (VPH) turning left into the Property
for an average daily peak hour.
• Property Owner shall design and construct a right deceleration/turn lane on CR 36
whenever traffic exceeds 25 VPH turning right into the Property for an average
daily peak hour.
• Property Owner shall design and construct a right acceleration lane on CR 36
whenever traffic exceeds 50 VPH turning right out of the Property for an average
daily peak hour.
• Property Owner shall design and construct a left acceleration lane on CR 36
whenever such a lane would be a benefit to the safety and operationofthe roadway.
The County, in its sole discretion, shall determine if a left acceleration lane is
required.
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2.0 Property Owner's Responsibilities regarding Future Triggers. Property Owner is solely responsible
for the cost and construction of required improvements. These responsibilities may include but are not
limited to the following, as applicable: design, surveys, utility locates, acquisition of ROW, dedication of
ROW, ROW and AccessPermits and fees, co ordination with oil and gas operators and facilities and affected
irrigation facilities andutilities, traffic control, and project safety during construction. Property Owner shall
obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, State, or County
regulatory agencies.
3.0 Cost of Construction Exhibit. When any trigger is met, the Property Owner shall submit Exhibit A
within six (6) months of being notified regarding the need for the triggered improvements, indicating the
cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral
requirement for the development. Construction costs must be obtained through a registered Colorado
Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that
have project collateral. New or additional collateral may be required for the triggered improvements. If
required, collateral shall be submitted at the same time as Exhibit A. Exhibit A shall be attached to this
Agreement and incorporated herein once approved by the County.
4.0 Construction Schedule Exhibit. When any trigger is met, the Property Owner shall submit
Exhibit B within six (6) months of being notified regarding the need for the triggered improvements,
indicating the construction schedule, and including completion date for the improvements. Property owner
shall not commence construction of improvements prior to approval of the Construction Plans and receipt
of the appropriate Grading Permit, Access Permit, and/or ROW Permit. Property Owner shall complete all
improvements in accordance with the construction schedule exhibit. The construction of the triggered
improvements shall be completed within the specified timeframe, which may not exceed three (3) years
from the date the trigger is first met and shall be completed as follows: Year 1 design deadline; Year 2
ROW/Utilities; Year 3 Construction. Property Owner shall collateralize 100% of the cost of the
construction improvements, including design, right-of-way, and utility relocation cost within six months of
being notified of meeting the triggers. ExhibitB shall be attached to this Agreement and incorporated herein
once approved by the County.
5.0 Collateral. Collateral for any additional improvements required by the triggers may be required by
the Board of County Commissioners, hereinafter referred to as the BOCC. Collateral.is accepted and
released by the BOCC pursuant to the Weld County Code. Additional information about collateral is
outlined in Part II.B of this Agreement.
6.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or once the Property Owner has completed improvements as described in Part II.B,
Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built
drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered
Professional Land Surveyor or Professional Engineer.
C. Haul Routes: The Property Owner shall be financially responsible for its proportional share of the
associated costs for 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) From the access on CR 36 to CR 33 to CR 42 for further dispersal, and
2) From CR 42 to CR 33 to CR 36 to the access
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2.0 Haul trucks shall enter and exit the site at the approved access on CR 36 and travel to the nearest
paved road for further dispersal. Any County roads used by USR19-0045 traffic 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), the Weld County Department
of Public Works may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will
utilize paved County roads whenever possible. A deviation from the established haul/travel route lasting
more than six (6) months, or requests for one (1) or more deviations within a twelve (12) -month period
shall authorize the County to change the haul/travel routes designated herein, and provide notice to the
Property Owner.
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 BOCC 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.
D. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, as required by the Board:
2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust
control on unpaved designated haul/travel routes after commencement of operation. The amount and extent
of dust control will be determined by site -specific conditions at the time, as determined exclusively by
County personnel. Dust abatement along the relevant haul/travel routes is expected to occur approximately
two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per
Section 8-6-100 of the Weld County Code.
2.1 Dust Control During Construction. If necessary, as determined by the County, the Property
Owner shall cause to be performed within 30 days of notification, at its sole expense, dust control
by a contractor approved by Weld County Public Works during the construction period of the
development.
3.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation,
patching, and pavement repair on designated haul/travel routes. The amount and extent of repair andpaving
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. temporaryversus 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.
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5.0 Repair of Road: On or before December 31, of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route roadp ortion 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.
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. Prior to
County's final determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection methodology, and
determinations. The County shall review and consider Property Owner's input prior to making a final
determination and assessment. The County shall have sole responsibility for determination of Property
Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within
30 days of receiving an invoice from County.
7.0 Road Inspection. County may conduct a road inspection annually, or as needed, with the
cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County
to participate in road improvement/maintenance agreements for the haul routes designated in this
Agreement. As a result of the annual inspection, County, in its sole discretion, shall determine actual
conditions and shall further determine what road repair/improvement/maintenance woii± is to be perfonned
during that construction season. Notification to the Property Owner of the required roadway repairs will be
given as soon as the data becomes available.
8.0 Notification. The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to
Property Owner's designated haul/travel routes. Prior to County's final determination and assessment,
County shall provide Property Owner with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review and
consider Property Owner's input prior to making a final determination and assessment.
PART II: GENERAL PROVISIONS
A. Engineering and Construction Requirements:
1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering
services in connection with the design and construction of the off -site improvements and all on -site
drainage -related structures, which may include those required by any Municipal Separate Storm Sewer
System (MS4) permit, as identified on the accepted Construction Plans and according to the construction
schedule set forth in the construction schedule exhibits. The required engineering services shall be
performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for public improvements. The required
engineering services shall consist of, but not be limited to: surveys, designs, plans and profiles, estimates,
construction supervision, and the submission of necessary documents to the County.
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2.0 Rights -of -Way and Easements. Before commencing the construction of any off -site improvements
herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good
and sufficient ROW and easements made necessary for the improvements. The County will not exercise
eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads
to be accepted by the County shall be conveyed to the County on County -approved forms and the documents
of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC
and recording.
3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and
any drainage -related structures, which may include those required by any MS4 permit) identified on the
accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits,
with the improvements being completed also in accordance with the schedule set forth in the construction
schedule exhibits. The BOCC, at its option, may grant an extension of the time of completion set forth in
construction schedule exhibits stated herein upon application by the Property Owner. Said construction
shall be in strict conformance to the plans and drawings accepted by the County and the specifications
adopted by the County.
4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction; and shall furnish copies of test
results to the County. If County discovers inconsistencies in the testing results, Property Owner shall
employ at its expense a third -party qualified testing company approved by County. Such third party shall
furnish the certified results of all such testing to the County. At all times during said construction, the
County shall have the right to test and inspect material and work, or to require testing and inspection of
material and work at Property Owner's expense. Any material or work not conforming to the approved
plans and specifications, including but not limited to damages to property adjacent to the construction plan
area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property
Owner.
5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the
current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld
County Engineering and Construction Guidelines.
6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of
issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County
review. During construction, appropriate safety signage shall be posted in accordance with the then -current
version of the Manual of Uniform Traffic Control Devices.
B. Collateral:
1.0 General Requirements for Collateral. Property Owner shall provide to County the necessary
collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is
required for completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral
is required for all off -site improvements during the two-year warranty period. Collateral acceptance and
release is governed by the Weld County Code.
1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements
identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the
value of the improvements, as calculated in the cost of construction exhibits. Project Collateral
must be submitted at the time of execution of the Agreement, unless otherwise directed by the
Board of County Commissioners. In the event that Property Owner fails to adequately complete
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the required improvements, County may, in its sole discretion, access Project Collateral for the
purpose of completing such improvements. It may be necessary to provide additional collateral in
the event the cost estimate is older than three (3) years. No work shall commence until project
collateral has been submitted and accepted by the county.
1.2 Warranty Collateral shall be submitted and held by the County until release after the two-
year warranty period following the County's initial approval of the improvements. Warranty
Collateral shall be in an amount equal to 15% ofProject Collateral. In the event that Property Owner
fails to adequately complete or repair improvements during the warranty period, County may, in
its sole discretion, access Warranty Collateral for the purpose of completing such improvements.
2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash
deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that
section maybe amended from time to time.
3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld
County Code. For collateral release, the Planning Department conducts inspections for on -site
improvements, and the Department of Public Works conducts inspections for off -site improvements.
3.1 Timing of Release. Project Collateral may be released upon completion of all
improvements required by the Exhibits after initial approval by the County. Warranty Collateral
shall be withheld by County at the time of release of Project Collateral, or may be submitted
separately by Property Owner. Warranty Collateral may be released upon the approval of the
County at the end of the two-year warranty period.
3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the
entire project or for a portion of the project, the Property Owner must present a Statement of
Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of
Substantial Compliance shall state that the project or a portion of the project has been completed
in substantial compliance with accepted plans and specifications documenting the following:
3.2.1 The Property Owner's Engineer or his representative has made regular on -site
inspections during the course of construction and the construction plans utilized
are the same as those accepted by Weld County.
3.2.2 For the improvements to public rights -of -way or easements, test results must be
submitted for all phases of this project as per Colorado Department of
Transportation (CDOT) Schedule for minimum materials sampling, testing and
inspections found in CDOT Materials Manual.
3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or at such time as the Property Owner has completed
improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped
and approved by an Engineer registered in the State of Colorado, if an Engineer
was initially required for the project. The Property Owner's Engineer shall certify
that the project "as -built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior
written acceptance from the County Engineer.
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3.3 County's Response to Request for Release of Collateral. Following a written request for
release of collateral, County personnel will inspect the improvements as provided in this
Agreement. Upon approval, the Board of County Commissioners may release said collateral.
C. Acceptance of Improvements:
1.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property
Owner shall contact the Weld County Department of Public Works and request an inspection of such
improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance
process.
2.0 Inspection, Approval, and Acceptance Process:
2.1 Upon completion of construction of all off -site improvements as described in the
Construction Plans, Property Owner shall submit to the Weld County Department of Public Works
a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built"
drawings as required in subsection B.3.2.3, above, and shall request County inspection of the
Off -Site Improvements. County personnel shall then inspect the improvements. If the County
determines the improvements were not constructed in accordance with the Construction Plans, the
County shall direct the Property Owner to correct the deficiencies. If the County determines the
improvements were constructed in accordance with the Construction Plans, the County shall
initially approve the Off -Site Improvements.
2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period.
Upon completion of the two-year warranty period, County Public Works personnel shall, upon
request by the Property Owner, inspect the subject improvements, and notify the Property Owner
of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the
deficiencies. County personnel shall re -inspect the improvements after notification from the
Property Owner that said deficiencies have been corrected. If the County personnel finds that the
improvements are constructed according to County standards, he or she shall approve the
improvements. Such final approval shall authorize the Property Owner to request the Board of
County Commissioners to release the Warranty Collateral.
2.3 Placement of Improvements into Service Prior to County Approval. If requested by the
Property Owner and agreed by the County, portions of the improvements may be placed in service
when completed according to the schedule shown on the construction schedule exhibit, but such
use and operation shall not alone constitute an approval or acceptance of said portions of the
improvements. County may, at its option, issue building permits for construction for which the
improvements detailedhereinhave been started but not completed according to the schedule shown
on the construction schedule exhibit, and may continue to issue building permits so long as the
progress of work on the improvements is satisfactory to the County, and all terms ofthis Agreement
have been faithfully kept by Property Owner.
D. Permits:
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.
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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.
E. 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 Access and Use of Collateral. County may access and use collateral to address the issues
specific to the violation. For example, the County may access and use Project Collateral in order to
complete improvements as required by the Construction Plans, when such improvements have not
been completed in accordance with the Construction Schedule.
2.2. 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.
2.3 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.
2.4 Revocation ofUSR Permit. Property Owner acknowledges that failure to comply with the
terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option
in its sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
3.0
events:
Termination of Agreement. This Agreement shall terminate upon the earliest of the following
3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of
the underlying land use approval under Weld County Code Section 23-2-290. However, County
may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety, and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Property Owner's complete cessation of all activities permitted by the USR including any clean up
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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 USR 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 USR, and
intends to make use of the rights and privileges available to it through the then existing USR.
3.4 Revocation of USR. This Agreement shall terminate following County's revocation of
Property Owner's USR, except that the Property Owner shall only be released from this Agreement
after the successful completion of all improvements required under this Agreement, which may be
completed by County after accessing Property Owner's collateral if Property Owner fails to
complete such improvements.
F. 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 writtenconsent 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
unenforceableby a court of competent jurisdiction, this Agreement shallbe 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 Amendment or Modification. Any amendments or modifications to this agreement shall be in
writing and signed by both parties.
5.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the tams
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 o f the
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undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
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 appliedin the interpretation, execution, andenforcementofthis 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 andregulations ofthe State
of Colorado governing occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicialbodyorperson. 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 agreementbetweenthe 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.
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1111 IN rA4Iki'MNRI 11111
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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PROPERTY OWNER: Joel Velasco
By:
Title:Teity
STATE OF COLORADO
County of Weld
Date: 0 -C -i0 kr 13
ss.
The foregoing instrument was acknowledged before me this 2'J day of O kbe ( ,
2019 ,by 700 \Je\cY O
WITNESS my hand and official seal.
Nota blic
WELD COUNTY:
ATTEST: dderhA)
Weld tyClerk tothe
BY:
Deputy Clto the B
Margarita Chavolla
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194016236
My Commission Expires April 26.2023
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO;. ORADO 7
arbara Kirkmeyerj Chair
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02O/%11L
New Contract Request
Entity Information
Entity e*
VELASCO, JOEL
Entity ID*
@O0041627
Contract Name*
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
USR19-0045
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
3253
Contract Lead*
TJUANICORENA
Contract Lead Email
tjuanicorena@co weldco.us
Parent Contract ID
Requires Board
YES
Department Project #
Contract Description*
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT USR19-0045 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type "
AGREEMENT
Amount's
$0.00
Renewable*
NO
Automatic Renewal
ICA
Department
PUBLIC WORKS
Department Email
CM-
Pu bl ii:Works@weldgov.com
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV COM
Requested C nda Due Date
Date* 11/3012019
12/04/2019
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 VISA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should he left blank if those contracts are
On&ase
I1traf t Dates
N ce Period
Review Date*
11/25/2020
Renewal Date
Committed Delivery Date Expiration Date*
11 ``24/2021
Contact Information
Contact Info
Contact Narne
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
JAY MCDONALD
OH Approved Date
12/03/2019
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
12J09/2019
Originator
TJUANICORENA
Contact Type Contact Email
Finance Approver
CONSENT
Contact Phone 1
Purchasing Approved Date
12/03;2019
Finance Approved Date
12103;2019
Tyler Ref it
AG 120919
Legal Counsel
CONSENT
Contact Phone 2
Legal Counsel Approved Date
12'03'2019
Submit
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