HomeMy WebLinkAbout20194129.tiffRESOLUTION
RE: APPROVE AMENDMENT TO ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO
SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR SITE PLAN REVIEW,
SPR18-0015, AND PLANNED UNIT DEVELOPMENT FINAL, PUDF19-0001 - BECC,
LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on December 13, 2018, the Weld County Department of Planning Services
approved Site Plan Review, SPR18-0015, and Planned Unit Development Final, PUDF19-0001,
was approved on May 28, 2019, for BECC, LLC, 9649 Bramwood Street, Firestone, CO 80504,
for a self -storage facility consisting of 13 self -storage buildings in the C-3 (Business Commercial)
and I-1 (Industrial) Zone Districts, on the following described real estate, to -wit:
Lots 5-7, Block 4, Vista Commercial Center PUD
Filing 2; being part of the NW1/4 Section 4,
Township 5 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on March 20, 2019, the Board approved a Road Maintenance Agreement
According to Policy Regarding Collateral for Improvements between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and BECC, LLC,
with terms and conditions being as stated in said agreement, and
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Amendment to Road Maintenance Agreement According to Policy Regarding Collateral
for Improvements between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and BECC, LLC, with terms and conditions being as
stated in said amendment, and
WHEREAS, the Board has been presented with Company Check #7027, drawn on Adams
Bank and Trust, from Baker Builders, LLC, 5660 Iris Parkway, Frederick, CO 80504, in the amount
of $14,745.00, and
WHEREAS, after review, the Board deems it advisable to approve said Amendment to
Road Maintenance Agreement and accept said Company Check #7027, as stated above, copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Amendment to Road Maintenance Agreement According to Policy
Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and BECC, LLC, be, and hereby
is, approved.
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2019-4129
PL2520
AMENDMENT TO ROAD MAINTENANCE AGREEMENT - BECC, LLC
PAGE 2
BE IT FURTHER RESOLVED that Company Check #7027, drawn on Adams Bank and
Trust, from Baker Builders, LLC, in the amount of $14,745.00, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of September, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dith/sj je-L; e1
Weld County Clerk to the Board
BY: /v
Deputy Clerk to the Board
APJR• 'DAS
unty At orney
Date of signature: O°I/-SCI
arbara Kirkmey,er, Chair
T1i PA
Mike Freeman, Pro-Tem
Sean P. Conway
Steve Moreno
2019-4129
PL2520
activat *311 b
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Amendment to Road Maintenance Agreement for:
BECC, LLC — SPRI8-0015/PUDF19-0001
DEPARTMENT: Public Works DATE: August 23, 2019
PERSON REQUESTING: Tisa Juanicorena
Brief description of the issue:
The Department of Public Works received a request from the applicant, BECC, LLC, requesting that the Board
of County Commissioners consider approving the Amendment to Road Maintenance Agreement for
(SPR18-0015/PUDF19-0001). Collateral is required with this agreement and has been provided in the form of
Company Check #7027, from Baker Builders, LLC, in the amount of $14,745.00.
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the
above -mentioned signed original document and observed the following:
• All Public Works related items, of the "Road Maintenance Agreement According To Policy", are found to
be acceptable.
• This Agreement complies with the terms of the Site Plan Review approval and Final Planned Unit
Development approval, as signed by the Director of Planning Services.
What options exist for the Board?
I. 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 Amendment to Road Maintenance Agreement According To Policy for
SPR18-0015/PUDF19-0001, and that this item be placed on the next regularly scheduled BOCC Hearing, as part
of the Regular Agenda.
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve
Schedule as Regular
Recommendation BOCC Hearing Item Other/Comments:
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2019-4129
09
PL o050>0
Karla Ford
From:
Sent:
To:
Subject:
Barbara Kirkmeyer
Wednesday, August 28, 2019 5:19 AM
Karla Ford
Re: BOCC PA REVIEW Amend IA SPR18-0015 PUDF19-0001 BECC
Approve
Sent from my 'Phone
On Aug 27, 2019, at 3:01 PM, Karla Ford <kford@weldgov.com> wrote:
Please advise if you approve recommendation. Thank you!
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(dMeldgov.com :: www.weldgov.com
My working hours are Monday -Thursday 7:O0a.m.-4:00 p.m.
Friday 7:00a.m. - Noon
<image002.jpg>
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: Tisa Juanicorena <tjuanicorena@weldgov.corn>
Sent: Tuesday, August 27, 2019 1:40 PM
To: Cheryl Hoffman <choffr an geld ..ov.con>; Dawn Anderson <drandersan@weldgov.com>;
Elizabeth Relford <erelford@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jay McDonald
<jmcd nald 4 weld sov.com>; Karla Ford <kfgrd f weld ov.com>; Trace Anderson
<ta nderson@we.ldgov.com>
Subject: BOCC PA REVIEW Amend IA SPR18-0015 PUDF19-0001 BECC
ATTACHED BOCC PA REVIEW
Improvements Agreement: Amendment to the IA
Case/Applicant: SPR18-0015/PUDF19-0001 BECC, LLC
Please note: This one has collateral with the Amendment due to MS4 concerns and drainage. Bob
Choate suggested the amendment versus a new agreement. This case was done out of order with a Site
Plan Review before the PUDF which created confusion regarding the agreements; hence, an
amendment. Questions, let me know.
Thanks Karla!!
a0
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AMENDMENT TO ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
BECC, LLC - SPR18-0015/PUDF19-0001
This Amendment ("Amendment"), made and entered into 9th day of August, 2019, by and between the Board of
Weld County Commissioners ("County"), and BECC, LLC, ("Property Owner").
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County
Clerk to the Board of County Commissioners as document No. 20191146, approved on February 25, 2019.
WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms
of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
This Amendment, together with the Original Agreement, constitutes the entire understanding between the parties.
The following change is hereby made to the Contract Documents, which shall be effective upon execution of this
Amendment.
Section A, Collateral, under Part 2 of the Original Agreement shall be deleted entirely and replaced with the
following:
1.0 To ensure compliance with the Municipal Separate Storm Sewer System (MS4) requirements of the Weld
County Code, outlined in Chapter 8, Article IX, the County is requiring a commitment from the Property Owner for
the estimated cost of grading and stabilization of the Property. Such costs are delineated in Exhibit A-1, which is
attached hereto and incorporated herein. Should the property be vacated prior to stabilization of the site, the County is
authorized to use the collateral to grade and re -seed the site, and/or take any other action necessary to stabilize the
Property in accordance with the County's MS4 requirements. Stabilization is defined by the CDPHE and outlined in
the document `Colorado Discharge Permit System (CDPS) General Permit COR 400000 Guidance for Achieving
Final Stabilization.'
2.0 Once the Property Owner completes the development permitted by SPR18-0015/PUDF19-0001 and the site
is stabilized, it is the Property Owner's responsibility to contact the County for an inspection to ensure that the site is
- properly stabilized. Once County staff determine that the site is properly stabilized, inspected, and meets the county
requirements per this agreement, then the project collateral can be released to the property owner, however the
_a
warranty collateral, equal to 15% of the project collateral, shall be retained by the County. This warranty will be held
for a period of two years after release of the project collateral to ensure the integrity of the improvements. Thereafter,
a019 m " it is the Property Owner's responsibility to contact the County for a final inspection. If the site is deemed satisfactory
-wt by the County, the warranty collateral will be released in entirety as outlined below.
Ley
LL 3.0 General Requirements for Collateral. Property Owner shall provide to County the necessary collateral to
g guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is required for completion
-- a
aa b of off -site improvements, as described in this Agreement; (2) Warranty Collateral is required for all off -site
dm mimprovements during the two-year warranty period. Collateral acceptance and release is governed by the Weld
m � a County Code.
3.1 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 the required improvements, County may, in its sole discretion, access Project
02 o / 9- /,-,21
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.
3.2 Warranty Collateral shall be submitted and held by the County until release after the two-year
warranty period following the County's release of project collateral. Warranty Collateral shall be in an amount
equal to 15% of Project 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.
4.0 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 may be
amended from time to time.
5.0 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.
5.1 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.
5.2 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:
5.3 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.
WHEREAS, all other terms and conditions of the Original Agreement remain unchanged.
4525717 Pages: 2 of 14
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111
BECC, LLC - SPR18-0015/PUDF19-0001 - RMA/IA
Page 2
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above
written.
PROPERTY • WNE
By: Date: SI ` //
Name: r3re# 43
Title: avtCcE-ar
STATE OF COLORADO
SS.
County of Weld
The foregoing instrument was acknowledged before me this CI day of kletost
201T, by Br 4 t4Gjto,L
WITNESS my hand and official seal.
SHARON MYSCOFSKI
Notary Public
State of Colorado
Notary ID # 20034013788
My Commission Expires 12-19-2020
Mv/i44 / / p / v `�
Notary Public
WELD COUNTY:
ATTEST:
Weld Cs u •ty Clerk to the Boa
BY:
Deputy Cl ! k to the
4525717 Pages: 3 of 14
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 ��I�' � I�IYG��:hY�r�l11�h�9k'4�I�Itilti�'�Il k 11III
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
arbara Kirkmeyer, C
BECC, LLC - SPR18-0015/PUDF19-0001 - RMA/IA
Page 3
9
o/9 - 1-fia2-
y
EXHIBIT A-1 - Cost Sheet (OFF -SITE)
Name of Facility: 119 Self Storage
Personnel Contact: Name Greg Bohall
Filing/Case #: SPR-18-0015 Location: 1445Vista View Dr
Title: Project Manager Phone: 720-552-2077
lntendinA' to be legally bound, the undersigned Applicant hereby agrees to provide throughout this the following improvements.
Improvements
(Leave spaces blank where they do not apply)
(OFF --SITE)
Quantity
Units
Unit Costs (5)
Estimated Construction
Cost (S)
J,PUBLIC WORKSJ,
Survey, Street Monuments/Boxes
Street Grading
Street Base
Street Paving
Pavement Marking
Curbs, Gutters, and Culverts
Sidewalk
Entrance/Access Improvements
00
CarlKoppes,tlClerk and ecorder,,OWeld County, CO
■III NCI L'W #Cermii!'ki'lFifiNATI ORPLIfi i II II
Road Culvert
Dust Control (per Sec. E.-7.5.2)
Road Maint. Collateral (per Sec. E.-7.5)
J,PLANNING SERVICESl,
Fire Hydrants
Site Grading
Retention / Detention Ponds
Stormwater/Drainage Facilities
Erosion Control Measures/BMP's
Grass Lined Swale
Subsurface Drainage
Ditch Improvements
Parking Area, Curb Stops, Bus Kiosks,
Mailboxes
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
147450
.10
$14,745.00
Park Improvements
Handicap Accessibility, Parking & Rails
1Health Department j
Septic Systems
SUB -TOTAL:
(Testing, inspection, as -built plans and work in addition to preliminary and
Engineering and Supervision Costs (5) final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION ($)
0
EXHIBIT A-1 - Cost Sheet (OFF -SITE) - Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
Applicant
Project Manager
Title
Applicant
Title
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Carly Koppes, Clerk and Recorder, Weld County, CO
Date ✓�
Date
EXHIBIT B-1 - Time Schedule (OFF -SITE)
Name of Subdivision, PUD, USR, RE, SPR: Filing/Case #: Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit A-1 shall be completed as follows:
Improvements
(Leave spaces blank where they do not apply)
Time Schedule
(OFF -SITE)
.,PUBLIC WORKSI
Survey, Street Monuments/Boxes
Street Grading
Street Base
Street Paving
Pavement Marking
Entrance/Access Improvements
Road Culvert
Sidewalks, Curbs, Gutters, and Culverts
(OFF -SITE)
Dust Control (per Sec. E.-7.5.2)
Road Maint. Collateral (per Sec. E.-7.5)
.,PLANNING SERVICES.,
Sidewalks, Curbs, Gutters, and Culverts
(ON -SITE)
Fire Hydrants
Site Grading
Retention / Detention Ponds
Stormwater/Drainage Facilities
Erosion Control Measures/BMP's
Grass Lined Swale
Subsurface Drainage
Ditch Improvements
Parking Area, Curb Stops, Bus Kiosks,
Mailboxes
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
October 2019
November 2019 -Sept 2020
Park Improvements
Handicap Accessibility, Parking & Rails
.,Health Department.,
Septic Systems
Final Completion Date for Entire Project
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Carly Koppes, Clerk and Recorder, Weld County, CO
•ii I rdIn7M4PAh 'I I ell 4t1OYPTri Yoh 11111
EXHIBIT B-1 - Time Schedule- Signature Page
The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion
for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot
be met.
By:
By:
Project Manager
Title
Applicant
pt -441 -c r
Title
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Carly Koppes, Clerk and Recorder, Weld County, CO
Date
Date
, 20 /1
ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
BECC, LLC — SPR18-0015
THIS AGREEMENT is made this _ri S day of -re b , 201 `), by and between BECC, LLC,
a corporation organized under the laws of the State of Colorado, whose address is 9649 Bramwood Street,
Firestone, CO 80504, 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:
Lots 5-7, Block 4, Vista Commercial Center PUD
Filing 2; Part of the NW1/4, /4, Section 4, Township 5 North,
Range 65 West of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received Administrative Approval from the Department of
Planning Services for SPR18-0015, and
WHEREAS, Property Owner acknowledges that the final approval of SPR18-0015 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) East and west along Vista View Drive.
2) North and south along CR 3.5.
2.0 Haul trucks/traffic shall enter and exit the site at the approved access(es) on Vista View Drive and
travel east-west/north-south to the nearest paved road for further dispersal. Any County roads used by traffic
associated with SPR18-0015 may become part of the established haul/travel routes.
3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle
and axle configurations unless overweight permits have been applied for and granted.
4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
above -mentioned haul/travel route for a limited period (six months or less), Weld County Public Works
BECC, LLC - SPR18-0015 - RMA
Page 1 of 7
02..079- m -A0
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 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 and or during
construction. 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 permanent).
5.0 Repair of Road: On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion 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. Within ninety (90) days of its receipt of County's notice of the
need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off -Site
BECC, LLC - SPR18-0015 - RMA
Page 2 of 7
Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility
for the completion of the repairs and/or improvements on or before December 15 of the year following
County's notice of the need for repairs.
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 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.
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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 2: GENERAL PROVISIONS
A. Collateral:
1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to
guarantee all of Property Owner's obligations under this Agreement: Collateral acceptance and release is
governed by the Weld County Code.
B. Access and Right -of -Way Permits:
1.0 Access Permits. Property Owner shall not use any access onto any County road unless and until an
access permit has been issued by the Department of Public Works. Public Works may condition the issuance
of an updated access permit on the amendment of this Agreement if the updated access permit authorizes
the use of an additional access point, or if there is a change in use of the current access point, as permitted
by Article V of Chapter 12 of the Weld County Code.
BECC, LLC - SPR18-0015 - RMA
Page 3 of 7
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2.0 Right -of -Way (ROW) Permits. Per Article IV of Chapter 12 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.
C. 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 Revocation of USR Permit. Property Owner acknowledges that failure to comply with the
terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option
in its sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
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3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of
the underlying land use approval under Weld County Code Section 23-2-290. However, County
may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety, and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Property Owner's complete cessation of all activities permitted by the USR including any clean up
or restoration required. A partial cessation of activities shall not constitute a Termination of this
Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless informed in writing by the Property Owner of cessation of activities, and verified by the
County, cessation shall only be presumed if the County 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
BECC, LLC - SPR18-0015 - RMA
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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.
3.5 Completion of Construction: This Agreement shall terminate following Property Owner's
completion of construction of the facilities authorized by the underlying USR. Property Owner
shall notify the County of completion.
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.
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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.
BECC, LLC - SPRI8-0015 - RMA
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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
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.
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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.
BECC, LLC - SPR 18-0015 - RMA
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PROPERTY O
By:
Name:
Title:
ER: BIECC, LLC
7
STATE OF COLORADO
County of Weld
)
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Date: j
SS.
The foregoing instrument was acknowledged before me this 25" day of redr.iAry ,
201 J1, by t R Erg- P A,1 �E k
DANIEL S. SMITH ei��
WITNESS my hand and nfficial ceal
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19924002159
MY COMMISSION EXPIRES OCTOBER 31 2021
LESSEE/OPERATOR (IF APPLICABLE):
By:
Name:
Title:
STATE OF COLORADO
County of Weld
)
)
)
Notary Public
Date:
4475726 Pages: 7 of 7
03/25/2019 10:29 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII 1�11W�'I�h� IPA III II
ss.
The foregoing instrument was acknowledged before me this _ day of
201, by
WITNESS my hand and official seal.
Notary Public
WELD COUNTY:
ATTEST. ,46e/4,%)BOARD OF COUNTY COMMISSIONERS
Weld • u: Clerk to the B WF, D COUNTY, COLORADO .
BY:
Deputy Clad to the
arbara Kirkmeyer, Clair
- SPR18-0015 - RMA
Page 7 of 7
MA., 2 0 20
020/.9- //.0,
7027
PAY TO THE
ORDER OF
BAKER BUILDERS, LLC
5660 Iris Parkway
Frederick, CO 80504
Weld County Public Works
ADAMS DANK it TRUST
www.abtbank.corn
Telebanc 1-888-559-1373
76-1395/1041
8/1/2019
$**14,745.00
Fourteen Thousand Seven Hundred Forty -Five and 00/100*************************************************************°
Weld County Public Works
MEMO
Collateral for Improvements
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PO Box 758
Greeley CO 80632
RECEIPT
RECEIVED FROM
ADDRESS
DATE
9—/cO2—/9 NO. 90636
FOR ..dL ,i3
CA
/4,-74/5".(90
BY
✓A6 7002 7
�L02o
DOLLARS
A
A
2
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Contract Request
Entity Name*
BECC LLC
Contract Name*
AMENDMENT TO Rd;
0015/PUDF19- 1
Contract Status
CTB REVIEW
Entity ID*
40567
NTENANCE AGREEMENT SPR18-
New Entity?
Contract ID
3116
Contract Lead*
TJUANICORENA.
Contract Lead Email
tjuanicorena@co.wed _co us
Parent Contract ID
Requires d
YES
Department Project #
Contract Description *
AMENDMENT TO ROAD MAINTENANCE AGREEMENT SPR1 ° 0015, PUDF19-0001 COLLATERAL REQUIRED
Contract Description 2
Contract Type
AGREEMENT
Amount" -
$14 745.00
Renewable*
NO
Automatic Renewal
De nt
PUBLIC WORKS
nt Email
CM-
PublicWorks@ e dgov corn
Department Head Email
CM-Publ cIAlo s-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
CdUNTYATTORNEY@WELD
GOV.COM
Requested B0CC nda Due Date
Date* 099112/2019
09'16/2019
Will a work session with 8OCC be required?*
NC)
Does Contract require Pur
NO
be included?
If this is a renewal enter previous Contract ID
If this is part of a LISA 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
E
Termination Notice
Review Date
09(3012020
Committed Delive
Renewal Date
Date Expiration Date'
09/29/2021
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
09/45/2019
Final Approval
BOCC Approved
BOCC Agenda Date
0916/2019
Originator
TJ UAN I CCRENA
Contact Type Contact Email
Finance Approver
CHRIS D'OV1D1O
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
09/D6/2019
Tyler Ref #
AG 091519
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
09/11`2019
Submit
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