HomeMy WebLinkAbout20174266.tiffeon+r-vic+ =0 I SCo 3
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements Agreement for:
Tiger Financial Investors LLC, do Horizon Investments - SPR17-0017
DEPARTMENT: Public Works DATE: 11/28/2017
PERSON REQUESTING: Evan Pinkham
Brief description of the issue:
The Department of Public Works received a request from the applicant, Tom Lefever, requesting that the Board
of County Commissioners consider approving the Improvements Agreement for the site plan review (SPR17-
0017), located in Vista Commercial.
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.
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 (SPR17-0017), and that this item be placed on the next regularly scheduled
BOCC Hearing, as part of the Consent Agenda.
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
43 Oe
602- /D
Approve
Recommendation
Schedule as Regular
BOCC Hearing Item Other/Comments:
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A.,„ /
2017-4266
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Tiger Financial Investors LLC, c/o Horizon Investments — SPR17-0017
THIS AGREEMENT is made this 11 day of Waif"1O(2011, 2011, by and between Tiger
Financial Investors LLC, hereinafter referred to as "Property Owner," Horizon Investments,
hereinafter called "Lessee", and the County of Weld, by and through its Board of County
Commissioners, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the property described in the application to Use
by Special Review SPR17-0017, referred to as "the Property," which has been approved by the
County, and
WHEREAS Lessee has leased the Property from the Property Owner and
WHEREAS, as a condition of approval of SPR17-0017, the Lessee agrees to complete the
improvements required by this Agreement; pursuant to Exhibit A (Costs) and Exhibit B (Schedule)
which are included, and depicted in the Plat Map and, if applicable, the set of accepted Construction
Plans, copies of which shall be attached to this Agreement as they become available and made a part
hereof, as Exhibits C (Plat Map), and D (Construction Plans)
WHEREAS, the parties agree that the Lessee shall provide collateral for all off -site
improvements required by this Agreement before the Lessee submits and receives approval of an
application for a Grading Permit, Building Permit or for a Right -Of -Way Permit for construction of
accesses and work within the County and/or State of Colorado Right -Of -Way, or at a time determined
acceptable by the Board of County Commissioners.
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 (of 2): Site Specific Provisions
ai A. Required Off -Site Improvements:
O
; 1.0 Weld County Roads: The Lessee shall be responsible for the construction and maintenance of
oko the following off -site safety improvements, as described in the accepted Exhibit C (Plat Map) and/or
" Construction Plans (Exhibit D):
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1.1 Construction of adequate turning radii sixty (60) feet at the main entrances and exits
o 0 o which extend partially into Vista View Drive right-of-way (ROW);
1.2 Drainage installations;
a o 1.3 Signage Installations;
om L M 1.4 Standard County approved tracking control, placed across the entire width of the
d a. roadway, in order to eliminate the tracking of mud and debris onto the adjacent Public Road;
• at NNM Pagelofl3 9
Granting of any new point of access may generate additional obligations with County for Off -
Site Improvements and the need to post additional "Road Maintenance Collateral", if applicable. A
County access permit is needed for every access to a County road.
2.0 Road Improvements Responsibilities: Lessee is solely responsible for all designated
improvements and for all expenses associated therewith.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any conditions
or considerations granted by the Board of County Commissioners, Lessee shall not be required to
complete the aforementioned offsite improvements until the occurrence of the triggering event for
each improvement, namely the application for the Grading Permit, Building Permit or Right -Of -Way
access permit or the commencement of activities on the property(s).
B. Haul/Travel Routes
1.0 Established Haul Routes from the facility approved access point:
1.1
Exiting or entering the site: haul vehicles shall enter or exit the site at the approved accesses
onto Vista View Drive for further dispersal. Any County roads routinely utilized by USR
haul traffic may become part of the established haul routes.
1.2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
a.A
g % 3.0 Haul Route Signage(If Applicable): Lessee shall install haul route signs, as per MUTCD
G •m standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility
a• 3 and which clearly depict County approved haul routes.
w 41-0
ain m 4.0 Effect of Future Changes to Haul Routes: Any future changes to haul routes requiring use of
rec,-J unpaved County road may require dust control or paving of such roads, as defined by an amended
ma - agreement. In such circumstance, County will determine the proportionate share of dust control
aps t— and/or paving costs to be paid by Lessee based upon then current vehicle trip counts that identify
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m� traffic loading due to Lessee's facility. The amount and extent of dust control and/or paving measures
r- mwill be determined by site -specific conditions at the time, as determined exclusively by County
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1.3 In unusual or rare occasions, if particular projects mandate deviation from the above -
mentioned haul route, the County may approve a deviation for a limited period of time (not
more than thirty days). If County approves such deviation, haul vehicles will utilize paved
county roads whenever possible. A deviation from the established Haul route lasting more
than thirty (30) days or requests for two or more deviations within a twelve month period
shall be subject to the terms of Section B.4.0. In the event that haul route traffic, in excess
of 15% of the daily facility haul vehicle trips, utilizes alternate haul routes, the provisions
of Section 4.0 of this Section B shall be triggered.
2.0 No Deviation from Approved Haul Routes: Except under the provisions provided in Section
B.1.3, no deviation in the use of any roads other than those specifically authorized for use in this
Agreement is permitted without the prior written amendment of this Agreement.
5.0 Off -Site Dust Control/Abatement: The Lessee is required to provide dust abatement along
affected Haul Route Roads approximately two to five times per year, as determined by the County.
County will determine the proportionate share of dust control to be paid by Lessee. The amount and
extent of dust control measures will be determined by site -specific conditions at the time, as
determined exclusively by County personnel. The County reserves the right to install traffic counters
on the driveway(s) of the Lessee's facility. The County will have sole responsibility for determination
of the percentage of haul route traffic on all affected roads.
6.0 Obligation to Maintain Current and Future Haul Routes: Lessee will be financially responsible
for the excavation, repair, and patching of any damage on current or future haul route roads, which in
the sole opinion of County has been created by vehicle traffic to and from the Property. Should
Lessee's site activities or vehicle circulation patterns change in the future so that County approves an
alternate haul route, and all or a significant portion of Lessee's sourced traffic no longer utilizes the
above -described haul route and instead utilizes other portions of County roads, Lessee shall cooperate
with County in maintenance of said roads which are included within the new haul route. The type
and method of repair will be determined by the County Engineer or his representative. Repairs shall
commence within 48 hours of notification by the County for any roadway damage that exposes the
driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty
(30) days of receipt of Weld County's written notice.
6.1 Need for Immediate Repairs: In the event of damage to an Approved Haul 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 Lessee of
such Significant Damage. Lessee 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 such repair is not
commenced within such forty-eight (48) hour period, County shall have the right to draw
on the Road Maintenance Collateral and use such funds to perform such repair. If Lessee
identifies Significant Damage prior to receiving notice thereof from County, Lessee 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).
6.2 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 route
road portion will require paving measures in order to protect the public health, safety, and
welfare, and has budgeted sufficient funds for the following calendar year to pay its share
of the Off -Site Improvement/Repair Costs, County shall notify Lessee 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, Lessee shall submit Off -Site Construction Plans and Cost Estimates to
County for review. Lessee 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.
6.3 In County's sole discretion, County may undertake the repairs and/or improvements.
Lessee's payment for its Proportionate Share of the road repairs/improvements will be
calculated as described in this Agreement.
Page 3 of 13
7.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation
of Lessee and all other Property Owners and/or Lessees who are required by County to participate in
road improvement/maintenance agreements. 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 Lessee of the required roadway repairs will be given as soon as the data becomes
available.
8.0 Future Improvements to Haul Routes: If traffic volume or conditions require future
improvements to be made to the haul route(s), including intersections, the County may require Lessee
to pay a proportionate share of the cost of the entire project. Future improvements will be subject to
any Federal, State or County regulations in place at the time the improvement project is initiated.
The following is a list of the American Association of State Highway & Transportation Officials,
(hereinafter "AASHTO ") site -specific triggers for turn lanes:
a. 25 vph turning right into the facility during a peak hour.
b. 50 vph turning right out of the facility during a peak hour.
c. 10 vph turning left into the facility during a peak hour.
Due to the increased traffic volumes at the facility below is a list of triggers for the improvements
for the upgrading, widening, and/or paving of County maintained Vista View Drive in the area of
the facility entrance:
a. 200 vehicles per day Mag-Chloride
b. 300 vehicles per day Alternate Pavement
c. 400 vehicles per day Asphalt Pavement
9.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage
increases beyond the point that repair of damage cannot maintain the road in a safe and usable
condition, Lessee shall pay a proportionate cost of a complete road restoration. Notification to the
T essee of the required roadway replacements will be given as soon as the data becomes available and
ically takes place before the end of the year prior to the start of the replacement project.
• 0 Proportionate Share of Road Maintenance Responsibilities:
2
10.1 Lessee shall pay its Proportionate Share of costs of dust control/abatement, paving,
a -m repairs, maintenance, improvements, or future road replacement of any particular Haul
k Route Road. Lessee's Proportionate Share shall be based upon the percentage of traffic on
o the road that is attributable to Lessee's facility. County personnel will determine the
811.4 percentage based on then current Equivalent Single Axle Load (ESAL) Counts. Lessee
1,___ -
Gs. ■ shall not be responsible for traffic that is not sourced from the Lessee's facility.
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m LL m . 10.2 The County shall notify Lessee of County's preliminary determination and assessment of
Lessee's proportionate share of costs. Prior to County's final determination and
dieL •-' assessment, County shall provide Lessee with a reasonable opportunity to review,
▪ "! m comment upon and supplement County's data, collection methodology, and
determinations. The County shall review and consider Lessee's input prior to making a
m
M gall final determination and assessment. The County shall have sole responsibility for
� NY0 determination of Lessee's proportionate share of costs.
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11. Road Maintenance Collateral: Lessee shall post Road Maintenance Collateral as described by
Part 2 of this Agreement.
C. On -Site Improvements (Not Applicable)
1.0 Landscaping and Fencing Requirements: Lessee shall at its own expense, plant, install and/or
maintain all grass and other landscaping and re -seeding where applicable as shown on the accepted
Construction Plans and/or Plat Map. Additionally, the Lessee shall install and/or maintain fencing to
screen the property where applicable as indicated on the accepted construction plans and/or Plat Map.
In the event any of these improvements may include work extending into State or County Right -Of -
Way, a Right -Of -Way or access permit is required.
2.0 On -Site Grading, Drainage Facilities and Paving: Lessee shall, at its sole expense, grade
and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install
accepted drainage and signage components, adjacent to or within the interior portion of the property
in accordance with the directives of the Weld County Department of Public Works and Department
of Planning Services, as further described in the accepted Construction Plans and Plat Map. Any
other on -site improvements shall be completed as indicated on the accepted Construction Plans for
this facility. Lessee shall be responsible for all maintenance of the on -site improvements. Additional
infrastructure improvements will be addressed at the time of application for any future amended USR.
Some of these improvements may include work extending into State or County Right -Of -Way in
which case a Right -Of -Way or access permit is required.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any conditions
or considerations granted by the Board of County Commissioners, Lessee shall not be required to
initiate any applicable landscaping requirements until the occurrence of the triggering event for all
improvements, namely the approval of the grading permit or an amendment to the existing USR.
Except with prior County consent, no grading permit will be released until collateral is posted for all
off -site improvements and the final Construction Plans have been submitted to and accepted by the
Department of Public Works. Access and/or Right -Of -Way permits might also be required prior to
approval of the grading permit. Grading shall not commence until Construction Plans are accepted.
Any alterations to the accepted Construction Plans must be accepted in writing by the County
Planning and Public Works Departments. At that time, and unless otherwise amended, Lessee agrees
that all landscaping and other on -site improvements shall be completed within the parameters
established in this Agreement.
"End of Part 1"
4362503 Pages: 5 of 14
12/22/2017 10:20 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1111 Ncili'111i+1I 111111
U:\Engineering\PLANNING — DEVELOPMENT REVIEW\ --2017 Planning Referrals\SPR17\SPR17-0017 Tiger Financial Investors LLC\Tiger
Financial (SPR17-0017) - Part 1 Draft IA (11-17-17).docx
Page 5of13
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Tiger Financial Investors LLC, c/o Horizon Investments — SPR17-0017
Part 2: General Provisions
A. General Requirements:
1.0 Engineering Services: Lessee shall furnish, at its own expense, all engineering services in
connection with the design and construction of the improvements identified on the accepted
Construction Plans according to the construction schedule set forth in Exhibit "B," both of which
are attached hereto and incorporated herein by reference.
1.1
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.
1.2 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.
1.3 Lessee shall furnish construction drawings for the road improvements on public rights -
of -way or easements and all improvements interior on the Property for approval prior
to the letting of any construction contract.
1.4 Construction Standards: All improvements shall conform to the "Standard
Specifications for Road and Bridge Construction" provided by CDOT.
2.0 Rights -of -way and Dedication of Right -of -Way: If necessary, Lessee agrees to acquire any
property interests, such as right-of-way, utility or access easements, necessary to complete any
improvements required by this Agreement. Any rights -of -way to be dedicated to the County shall
be conveyed by appropriate deed and, after acceptance by the County, recorded in the records of
= the Weld Count Clerk and Recorder.
3.0 Construction: Lessee shall furnish and install, at its own expense, the improvements
identified on the accepted Construction Plans and Plat Map, be solely responsible for all associated
costs. All improvements must be completed in accordance with the schedule set forth in Exhibit
"B". The Board of County Commissioners, at its option, may grant an extension of time upon
application by the Lessee.
3.1 Said construction shall be in strict conformance to the plans and drawings accepted by
the County and the specifications adopted by the County.
3.2 Lessee 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, Lessee shall employ at its expense a third party qualified testing
Page 6 of 13
company approved by County. Such third party shall furnish the certified results of all
such testing to the County.
3.3 At all times during said construction, the County shall have the right to test and inspect,
or to require testing and inspection of material and work, at Lessee'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 Lessee.
3.4 Permits. Lessee must still apply for and abide by the terms of any necessary right-of-
way permits, grading permits, and building permits. No work may occur in the
County's right-of-way without a County -issued right-of-way permit and access permit.
4.0 Release of Liability: Lessee shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of every
nature and description caused by, arising from, or on account of said design and construction of
improvements, and pay any and all judgments rendered against the County on account of any such
suit, action or claim, together with all reasonable expenses and attorney fees incurred by County
in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises
out of the negligence of the County or its officers, agents, employees, or otherwise except for the
liability, loss, or damage arising from the intentional torts or the gross negligence of the County
or its employees while acting within the scope of their employment. 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.
4.1 Lessee shall indemnify and hold harmless the Property Owner from any and
all liability loss and damage Property Owner may suffer as a result of all
suits, actions or claims of every nature and description caused by, arising
from, or on account of said design and construction of improvements, and
pay any and all judgments rendered against the Property Owner on account
of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by Property Owner in defending such suit, action or
claim whether the liability, loss or damage is caused by, or arises out of the
negligence of the Property Owner 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 Property Owner 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.
4.2 The Property Owner consents to Lessee entering into this Agreement. The
Property Owner shall incur no obligation, liability or financial responsibility
under this Agreement.
Page 7 of 13
5.0 Acceptance of Off -Site Improvements by the County: Upon written request by the Lessee,
the County shall accept the Lessee's off -site improvements, if the following conditions are met:
• The off -site improvements have been completely constructed, and
• The Lessee's Engineer has filed a Statement of Substantial Compliance, and
• The County Engineer has inspected the improvements and agrees they are complete.
5.1 The County does not represent that the improvements will be constructed and/or
available for their intended use(s). The County does not assume liability for
improvements designed and/or constructed by others.
5.2 If approved by the County Engineer, portions of the improvements may be placed in
service, but such use shall not constitute an acceptance by the BOCC.
5.3 County may, at its option, issue building permits for construction for which the
improvements detailed herein have been started but not completed according to the
schedule shown on Exhibit "B," and may continue to issue building permits so long as
the progress of work on the USR improvements in that phase of the USR is satisfactory
to the County, and all terms of this Agreement have been faithfully kept by Lessee.
6.0 Warranty Period: Lessee agrees to warrant the improvements for two years from the date
the improvements are accepted by the County. Upon completion of the two-year warranty period
and at the request of the Lessee, the County Engineer shall inspect the improvements and direct
the Lessee to correct any deficiencies. The County Engineer shall re -inspect after all corrections
have been completed. If the County Engineer finds that the improvements are constructed
according to County standards and the accepted Construction Plans, he/she shall recommend full
acceptance. Upon receipt of the County Engineer's unqualified recommendation for acceptance,
the BOCC shall accept the improvements.
7.0 General Requirements for Collateral: County requires Lessee to provide collateral to
guaranty all of Lessee's obligations under this Agreement: (1) Project Collateral for completion of
off -site improvements described in this Agreement; (2) Warranty Collateral required for all
improvements during the warranty phase; and (3) Road Maintenance Collateral (If Applicable) to
be kept in place for the life of the permit.
7.1 Project Collateral — Lessee shall submit Project Collateral in a form accepted by Weld
County to guarantee completion of any off -site improvements. Such collateral must be
equivalent to One -Hundred Percent (100%) of the value of the improvements as shown
in this Agreement. This collateral must be submitted to County upon the execution of
this Agreement, or at a time determined acceptable by the BOCC, and shall be held in
total by County until such improvements are accepted and collateral is released by the
BOCC.
7.2 Warranty Collateral for all off -site improvements shall be submitted to County and
shall be held in total by the County for two (2) years following its written acceptance
of the improvement(s).
Page 8 of 13
7.3 If required by Part 1 of this Agreement, Road Maintenance Collateral shall be
submitted to County at the time of approval of this Agreement. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads.
7.4 Collateral may be in any form permitted by Weld County Code Chapter 2, Section 3.
7.5 The Board of County Commissioners reserves the right to reject collateral as permitted
by Weld County Code Chapter 2 Section 3.
7.6 Collateral shall be released in accordance with the provisions of Weld County Code
Chapter 2 Section 3.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement: If in County's opinion, Lessee has violated any of the
terms of this Agreement, County shall so notify Lessee and shall state with specificity the facts
and circumstances which County believes constitute the violation. Lessee shall have thirty (30)
days within which to either cure the violation or demonstrate compliance. Thereafter, County may
seek any remedy described in this Agreement or otherwise provided by law.
2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the
earliest of the following events:
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur
upon Lessee's complete cessation of all activities permitted by the USR. A partial
cessation of activities shall not constitute a Termination of this Agreement, nor shall
County's issuance of a partial release constitute a Termination. Unless informed in
writing by the Lessee of cessation of activities, and verified by the County, cessation
shall be presumed if the County determines that the USR has been inactive for three
(3) years. Lessee shall not be entitled to a release of Project or Warranty Collateral
unless and until the improvements required by this Agreement are completed.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new Lessee 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.
2.3 Revocation of USR: This Agreement shall terminate following County's revocation of
Lessee's USR, except that the Lessee 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 Lessee's collateral if Lessee fails to
complete such improvements.
Page 9 of 13
3.0 Revocation of USR: Lessee 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.
4.0 County Completion of Improvements / Accessing Collateral: County reserves the right to
access any collateral provided by Lessee in order to complete the improvements required under
this Agreement, if Lessee fails to do so for any reason, after receiving notice of a violation of the
terms of this Agreement as provided herein.
5.0 Court action: Upon notice of violation and failure to cure within the time permitted by this
Agreement, County may seek relief in law or equity by filing an action in the Weld District Court,
except that no such civil action or order shall be necessary to access collateral for the purpose of
completing improvements as described above.
C. Miscellaneous Provisions.
1.0 Definitions:
1.1 All references in this Agreement to "County Engineer" shall refer to the any individual
or individuals appointed by the County Engineer to act on his/her behalf.
1.2 All references to "Haul Routes" include identified travel routes for subdivisions;
references to "haul vehicles" include subdivision vehicular traffic, as applicable.
1.3 All references to "Lessee" shall include any individual or entity, including an
"Operator", who is acts on behalf of the Lessee regarding this Agreement.
2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in
whole or in part by Lessee without the express written consent of County and the written agreement
of the party to whom the obligations under this Agreement are assigned. Lessee's release of its
obligations shall be accomplished by County's execution of a new Improvements Agreement with
the successor owner of the property. Consent to a delegation or an assignment will not be
unreasonably withheld by County. PROPERTY OWNER SHALL BE RELEASED FROM ALL
OBLIGATIONS UNDER THIS AGREEMENT UPON THE EXPRESS WRITTEN
ASSIGNMENT OF THIS AGREEMENT TO, AND ACCEPTANCE BY, A PURCHASER OF
THE PROPERTY. SUCH ASSIGNMENT SHALL NOT REQUIRE THE CONSENT OF THE
COUNTY. County's rights and obligations under this Agreement shall automatically be delegated,
transferred or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement.
All of the terms and conditions set forth in this Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of Lessee, and upon recording by the
County, shall be deemed a covenant running with the land herein described.
Page 10 of 13
3.0 Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
4.0 No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
not included in this Agreement. It is the express intention of the undersigned parties that any person
or entity, other than the undersigned parties, receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
7.0 Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Lessee agrees
that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
8.0 Severability: If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract
Professional, concerning this Agreement, the parties agree that each party shall be responsible for
the payment of attorney fees and/or legal costs incurred by or on its own behalf.
10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
11.0 Authority to Sign: Each person signing this Agreement, and associated Exhibits,
Page 11 of 13
County of Weld
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, Lessee shall provide the
County with proof of Lessee's authority to enter into this Agreement within five (5) days of
receiving such request.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY OWNERS:
SIGNATURE
PRINTED NAME Thomas Lefever
TITLE (If Applicable) OWN ,2 r 77,, er N a-s1l_ ; Q__ I J /tiJ °`S
STATE OF COLORADO )
) ss.
)
ANGELICA BOCANEGRA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20164042062
My Commission Expires November 3, 2020
114
The f r oin instrument was acknowledged before me this
g g g �7 day of I UD�,�e�4
2017, by //7O AIt(,S 1� g-e�1�1
WITNESS my hand and official seal.
LESSEE:
SIGNATURE �lr
PRINTED NAME Hughes Plumbing Supply
�4�n4 LL.
ROC se7
TITLE pc �' /0iO 7
STATE OF COLORADO
County of Weld
)
)
)
SS.
ANGELICA BOCANEGRA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20164042062
Commission Ex.ires November 3, 2020
T� foregoing instent was acknowledged before me this )7'y of ,
2017, by or V La y k D -e J 1
Page 12 of 13
WITNESS my hand and official seal.
Notary Public
ATTEST: ti1./ �•
Weld C%un y Clerk to the Boa d
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(64.;
Deputy Cle ' to the Boar. �'►Tt�- . w Julie Cozad, Chair
4362503 Pages: 13 of 14
12/22/2017 10:20 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
111111
Page 13 of 13
7Zo /7— I,
EXHIBIT A - Cost Sheet
Name of Facility: iiiti5Le j ?Pk inA6t1 ≤ //7A/ Filing/Case #:
Personnel Contact: Name /l iH /dpi
Title: p uJ "-t-e--"--
Location:
Phone: ,7o 3'9 //65"
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements
(OFF -SITE IMPROVEMENTS)
1PUBLIC WORKS,1
Cost ($)
Road Maint. Collateral (per Sec. E.-7.5)
(Paved Road = $3600 Gravel Road = $2400)
TOTAL COST ($)
3 Cmc
EXHIBIT B - Time Schedule
FINAL ESTIMATED COMPLETION DATE FOR PROJECT
�- zo,
EXHIBIT A (Cost Sheet) & EXHIBIT B (Time Schedule) - Signature Portion
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/Lessee/Prope Owner
Printed Name THOMAS LEFEVER
Title te
By:
Applicant/Lessee/Property Owner
oieock7 cif/to
Printed Name ROCKY CARDWELL
Title PC' in ✓te-1
Date /7-/7 , 20 / 7
4362303 Pages: 14 of 14
12/22/2017 10:20 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII MrdI'I: J:Iin4i R'rilw ka utimmicid1I 111
Date /4})- , 20 l7
PAY TO a' ek/
THE ORDER
LEFEVER VENTURE
PH. 970-396-1165
12715 KAIBAB COURT
COLORADO SPRINGS, CO 8
ADAMS BANK & TRUST
www.abtbank.com
Telebanc 1-888-559-1373
MEMO / I /4e, "L
SPECULLIVORAr
Case Number:
Applicant:
Representative/Owner:
Legal Description:
Zoning:
Proposed Use:
SITE PLAN REVIEW
Administrative Review
Site Plan Review SPR17-0017 Parcel Number: 131308102006
Tiger Financial Investors/4W Properties LLC
Tom Lefevre — 12715 Kaibab Court, Colorado Springs, CO 80908
Lot 6, Block 2, Corrected Vista Commercial Center Filing #1; Being part of
NE4 of Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado.
PUD for C-3 (Business Commercial Zone District) and I-1 (Industrial) uses
A Site Plan Review application for an office and warehouse for a whole -sale
plumbing supply company.
Site Plan Review Standards
Comments
Meets the
Intent of the
Weld County
Code
Site Plan Certification
Included in Application
YES
Storm Drainage
Complies with Vista Commercial Master Drainage Plan
YES
Offstreet Parking
Per Sections 23-3-350.B. and 23-4-10. thru 23-4-40.
See comments (15 parking spaces required/15 parking
spaces provided)
YES
Loading Areas
Per Section Sections 23-3-350.B. and 23-4-50.A. thru
23-4-50.E.
YES
Access
Per Section 23-3-250.A.3
YES
Setback Requirements
Per Section 23-3-250A.4.a
YES
Offset Requirements
Per Section 23-3-250 A.4.b
YES
Landscaping
Per Section 23-3-250.A.5.a and Section 23-3-25.A.5.b —
see condition
NO
Trash Collection and Storage
Per Section 23-3-250.A.6 - Show the location of the
trash collection and storage area on the site plan map
YES
Potable Water
Left Hand Water District
YES
Sewage Disposal
St. Vrain Sanitation District
YES
Environment Standards
Per application
YES
Property Maintenance
The applicant shall address Section 23-2-160.U.7
NO
SPR17-0017
Narrative:
The applicant is proposing a 10,050 -square foot building to be utilized as an office and warehouse for a
wholesale plumbing supply company. An outdoor storage area enclosed by a screening fence is
proposed for the southern portion of the property.
This site plan review is approved with the attached conditions:
1. Prior to recording the Site Plan Review Map, the applicant shall address the following to the
Department of Planning Services' satisfaction:
A. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including, but not limited to dust control, tracking control, damage
repair, specified haul routes and future traffic triggers for improvements will be included.
(Department of Public Works)
B. The applicant shall address property maintenance (maintenance of grasses and weeds) as
delineated in Section 23-2-160.U.7 of the Weld County Code. (Department of Planning Services)
C. The applicant shall attempt to address the requirements of the Mountain View Fire Rescue as
stated in their referral dated September 22, 2017. Written evidence of such shall be provided to
the Department of Planning Services. (Mountain View Fire Rescue)
D. The applicant shall attempt to address the comments of the Longmont Conservation District as
stated in their referral dated October 3, 2017. Written evidence of such shall be provided to the
Department of Planning Services. (Longmont Conservation District)
E. The map shall be amended to delineate the following:
1. All pages of the Site Plan Review Map shall be labeled Site Plan Review SPR17-0017.
(Department of Planning Services)
2. The Site Plan Review Map shall be prepared in accordance with Sections 23-2-160.W and X
of the Weld County Code. (Department of Planning Services)
3. The Site Plan Review Map and Landscape Plan shall be revised to delineate the 20 -foot
landscape setback from Vista View Drive. The parking and access lane (and building if
necessary to accommodate the relocated parking and access lane) shall be relocated further
to the south to accommodate this setback. (Department of Planning Services)
4. Vista View Drive is a paved road and is designated on the Weld County Road Classification
Plan as a local road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the
edge of right-of-way. This road is maintained by Weld County. (Department of Public Works)
5. Show and label the approved access (AP17-00464), and the appropriate turning radii (60 -
feet) on the site plan. (Department of Public Works)
6. The applicant shall show and label the accepted drainage features and drainage flow arrows.
(Department of Planning Services -Engineer)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Planning Services -Engineer)
SPR17-0017
8. The applicant shall delineate the location of all curb stops in the parking areas per Section
23-4-30. D of the Weld County Code. (Department of Planning Services)
9. The applicant shall adhere to the lighting requirements for off-street parking spaces per
Section 23-4-30.E of the Weld County Code. (Department of Planning Services)
10. The map shall adhere to the lighting standards, in accordance with Section 23-2-250 and
Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
11. Update the signature blocks to be consistent with the requirements of the Weld County Code.
(Department of Planning Services)
A. Property Owner's Certificate:
I, the undersigned, certify that the uses, buildings and structures located on this Site Plan
Review are designed and will be constructed and operated in accordance with the
applicable DEVELOPMENT standards and district requirements for the Zone
District as stated in the Weld County Zoning Ordinance and in accordance with any
conditions imposed by the Board of County Commissioners at the time the property was
zoned or rezoned. I understand my failure to comply with the DEVELOPMENT standards
and/or any conditions could result in the County initiating a compliance action against me.
Signature of Property Owner
The foregoing instrument was subscribed and sworn to be before me this day of
, by
WITNESS my hand and official seal.
My commission expires:
Notary Public
B. Department of Planning Services' Administrative Review Certificate:
This plat is accepted and approved for filing.
Director of Planning Services
The foregoing certificate was acknowledged before me this day of
, by
WITNESS my hand and official seal.
My commission expires:
Notary Public
12. The applicant shall include in the Landscape Plan in accordance with Section 23-3-250.A.5,
delineating the following information:
a. An installation schedule which specifies when the landscaping will be installed on site.
(Department of Planning Services)
SPR17-0017
b. A landscape maintenance schedule which specifically states who will perform
maintenance and that maintenance is on -going and shall not end upon final acceptance
by the Department of Planning Services. (Department of Planning Services)
c. The method of native grass planting shall be called out as drilled or broadcast and
applied at a rate of how many pounds per acre and/or pounds per square foot.
(Department of Planning Services)
d. Berming and shrub or tree planting shall be used to screen parking lots from view of the
roadway. Berms can vary in height, depending on location and proximity of existing trees.
Berms shall have smooth transitions from the top of the curb to the setback line so as to
not create snow traps, with allowances made for placement of the sidewalk. Grading of
berms shall not be lumpy or abrupt. (Department of Planning Services)
e. There shall be a minimum twenty -foot -wide landscape setback measured from the
existing or planned future right-of-way to any parking lot, fencing, storage area or
structure. The landscape plan and site plan maps shall be revised to reflect the 20 -foot
landscape setback requirement. (Department of Planning Services)
f. Section 26-2-40 of the Weld County Code requires no more than 85% maximum lot
coverage. The landscape plan shall demonstrate that at least 15% of the site (within the
lot boundaries) is landscaped. (Department of Planning Services)
Section 26-2-250 D.2 of the Weld County Code requires that shade trees (non -coniferous
trees) shall be at least 2.5 inches caliper at planting. The landscape plan shall be revised
to meet this requirement. (Department of Planning Services)
g.
13. The following notes shall be placed on the map:
1. Site Plan Review for an office and warehouse for a whole -sale plumbing supply company.
(Department of Planning Services)
2. In accordance with the Weld County Code, no land, building or structure shall be changed in
use or type of occupancy, developed, erected, constructed, reconstructed, moved or
structurally altered or operated in the Commercial Zone District until a Site Plan Review has
been approved by the Department of Planning Services. (Department of Planning Services)
3. In the event that the site or a portion of the site is proposed to be leased to another party in
the future, the applicant shall submit a copy of the lease agreement and information
regarding the proposed use of the leased portion to the Department of Planning Services for
review. Based upon the proposed use and/or impacts of the leased portion, the Department
of Planning Services may require a new Site Plan Review application. (Department of
Planning Services)
4. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100, C.R.S., as amended), shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Department of Public Health
and Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and
Environment)
SPR 17-0017 4
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County
Code. (Department of Public Health and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone District, as delineated in 25-12-103, Colorado Revised Statutes. (Department of Public
Health and Environment)
9. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's air quality regulations. (Department of
Public Health and Environment)
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The facility shall utilize the existing public water supply. (Left Hand Water District)
11. The facility shall utilize the existing municipal sanitation treatment system. (St. Vrain
Sanitation District)
12. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
13. Landscaping materials as indicated in the approved Landscape Plan shall be maintained at
all times. Dead or diseased plant materials shall be replaced with materials of similar quantity
and quality at the earliest possible time. (Department of Planning Services)
14. The facility shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Planning Services)
15. The property owner shall control noxious weeds on the site. (Department of Public Works)
16. The access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking. (Department of Public Works)
17. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized. (Department of Public Works)
18. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services -Engineer)
19. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services -Engineer)
20. All structures, including signs, on site must obtain the appropriate building permits.
(Department of Planning Services)
21. During Construction, Public Works Shall Be Allowed To Inspect Temporary Best
Management Practices (BMPs) for Proper Installation and Maintenance as Detailed in the
Stormwater Management Plan (SWMP). Inspections Occur to Ensure Adequate Measures
are Taken to Protect the Landowner, Neighboring Properties, Adjacent Roadways and
Nearby Waterways from Potentially Adverse Effects of Stormwater Runoff. The Contact Will
Be Notified Prior to Inspection for Access to be Granted to the Inspector. Inspections Will Be
Performed at a Frequency Required by the Colorado Department of Public Health and
Environment (CDPHE) MS4 General Permit (COR090000). (Department of Public Works —
MS4)
SPR17-0017
22. After construction is complete, Public Works shall be allowed to inspect permanent BMPs (or
on -site drainage features) for proper installation as designed in the approved drainage plan.
The Contact Will be Notified Prior to Inspection for Access to be Granted to the Inspector.
(Department of Public Works — MS4)
23. Following the approved installation of permanent BMPs, Public Works shall be allowed to
routinely inspect the BMPs for proper maintenance as Detailed in the Maintenance Plan.
Inspections Occur to Ensure adequate drainage is occurring to protect the landowner,
neighboring properties, adjacent roadways and nearby waterways from potentially adverse
effects of stormwater runoff. Please note, Weld County is not responsible for maintenance of
permanent BMPs. The contact will be notified prior to inspection for access to be granted to
the inspector. Inspections will be performed at a frequency required by the CDPHE MS4
General Permit (COR090000). (Department of Public Works — MS4)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private streets.
No colored lights may be used which may be confused with, or construed as, traffic control
devices. (Department of Planning Services)
25. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the Weld County Road Impact Program. (Department of Planning Services)
2. The applicant shall submit one (1) electronic (.pdf) copy or one (1) paper copy of the Site Plan
Review map for preliminary approval to the Department of Planning Services. Upon approval of the
map, the applicant shall submit a Mylar, along with all other documentation required as conditions of
approval. The Mylar shall be recorded in the office of the County Clerk and Recorder by the
Department of Planning Services. The Mylar and additional requirements shall be recorded within one
hundred twenty (120) days from the date the administrative review was signed. The applicant shall be
responsible for paying the recording fee. If the Site Plan Review Map has not been recorded within
one hundred twenty (120) days from the date the administrative review was signed, or if an applicant
is unwilling or unable to meet any of the conditions within one hundred twenty (120) days of approval,
the application will be forwarded to the Weld County Code Compliance for violation. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the applicant. (Department of Planning Services)
3. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
4. Prior to the release of building permits:
A. A Final Site Plan and building construction plans must be submitted to the Mountain View Fire
Protection District for review and approval. The applicant shall submit written evidence of
approval to the Department of Building Inspection. (Mountain View Fire Protection District)
B. Upon approval by the Department of Planning Services, the Site Plan Review shall be prepared
per Section 23-2-260.D of the Weld County Code and submitted to the Department of Planning
Services to be recorded. (Department of Planning Services)
C. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Department of Planning Services)
Site Plan Review conditionally approved by: Date: _11/14/2017
Chris Gathman - Planner III
SPR17-0017
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