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Home My WebLink About20173610.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements Agreement for: 1444 Vista View Drive LLC, c/o Booth Motors — SPRI7-0013 DEPARTMENT: Public Works DATE: 10/11/2017 PERSON REQUESTING: Evan Pinkham Brief description of the issue: The Department of Public Works received a request from the applicant, Booth Motors, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the auto sales company (SPR17- 0013), located south of and adjacent to Vista View Drive, and east of Dehning Way. 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. The Department of Public Works received a request from the applicant, Booth Motors, requesting that the Board of County Commissioners consider accepting off -site collateral in the form of a company check (#107840) in the amount of $3,600.00, for the above -mentioned Improvements Agreement. 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 (SPR17-0013), and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Approve Recommendation Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro-Tem Schedule as Regular BOCC Hearing Item Other/Comments: 2017-3610 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS 1444 Vista View Drive LLC, c/o Booth Motors — SPR17-0013 THIS AGREEMENT is made this 3 day of 201i, by and between 1444 Vista View Drive LLC, hereinafter referred to as "Property Owner," Booth Motors, 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 SPR17-0013, 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 SPR17-0013, 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 A. Rquired Off -Site Improvements: 4388835 Pages: 1 of 14 04/06/2018 10:48 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iii �l�.r�Yfii ��l �l'��1��•r k'IF��i19M''�I� M�i� I "Ill 1.0 Weld County Roads: The Lessee shall be responsible for the construction and maintenance of the following off -site safety improvements, as described in the accepted Exhibit C (Plat Map) and/or Construction Plans (Exhibit D): 1.1 Construction of adequate turning radii sixty (60) feet at the main entrances and exits which extend partially into Vista View Drive right-of-way (ROW); 1.2 Drainage installations; 1.3 Signage Installations; 1.4 Standard County approved tracking control, placed across the entire width of the roadway, in order to eliminate the tracking of mud and debris onto the adjacent Public Road; 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. HauVTravel 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. Mint 0 m 01 co U_ C2 min - .m to �310 a N Q* o -ra!b-71 Me m n 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. 3.0 Haul Route Signag(If Applicable). Lessee shall install haul route signs, as per MUTCD standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 4.0 Effect of Future Changes to Haul Routes: Any future changes to haul routes requiring use of unpaved County road may require dust control or paving of such roads, as defined by an amended agreement. In such circumstance, County will determine the proportionate share of dust control and/or paving costs to be paid by Lessee based upon then current vehicle trip counts that identify traffic loading due to Lessee's facility. The amount and extent of dust control and/or paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 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 fmancially 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 Ofd 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. 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 gal" -.. aOD -11 NNE n8 ireeta.. °mo S ID.. d► • � - fmm anisa0 0 0 N 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 Lessee of the required roadway replacements will be given as soon as the data becomes available and typically takes place before the end of the year prior to the start of the replacement project. 10.0 Proportionate Share of Road Maintenance Responsibilities: 10.1 Lessee shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs, maintenance, improvements, or future road replacement of any particular Haul Route Road. Lessee's Proportionate Share shall be based upon the percentage of traffic on the road that is attributable to Lessee's facility. County personnel will determine the percentage based on then current Equivalent Single Axle Load (ESAL) Counts. Lessee shall not be responsible for traffic that is not sourced from the Lessee's facility. 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 assessment, County shall provide Lessee with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Lessee's input prior to making a fmal determination and assessment. The County shall have sole responsibility for determination of Lessee's proportionate share of costs. 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 Pavingi 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 fmal 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. 4388835 Pages: 5 of 14 04/06/2018 10:48 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 Nr lllh illINU1111.111Wi 1111 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS 1444 Vista View Drive LLC, c/o Booth Motors — SPR17-0013 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 Rightsofway 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 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 fmancial responsibility under this Agreement. 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. Ldp() �`Co O1ao cm Umul ar Km! • o0 m� �Qm so 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 fmds 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 OneHundred 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). 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 P.7.4' the earliest of the following events: - ....Co W;c2R20 - Ce 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 ;centpartial cessation of activities shall not constitute a Termination of this Agreement, nor .3)-5 shall County's issuance of a partial release constitute a Termination. Unless informed a 3in writing by the Lessee of cessation of activities, and verified by the County, o t° 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 Fr GO" Collateral unless and until the improvements required by this Agreement are Q a completed. s0 C al< 2.2 Execution of Replacement Agreement: This Agreement shall terminate following e•c o 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. 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. Of sol ;D01 IO ra Dm A3y a ■gal m 1E -n L- - m -Em a- 49 MS 3 0 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 Assign: 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. 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, 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 TITLE (If Applicable) L.3-% v\- STATE OF County o 6,4 ss. The foregoing instrument was acknowledged before me thi- 2 t'G day f Wm, 2017, by Nttkot&1S tJOO WITNESS my hand and official seal. JERRICA GRIFFIN NOTARY PUBLIC Fulton County State of Georgia My Comm. Expires Aug. 27, 2019 4388835 Pages: 12 of 14 04/06/2018 10:48 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �+rr,�r�� a �r: ua B111 LESSEE: SIGNATURE PRINTED NAME N.\ 610 TITLE STATE O 101 (& ) �`I4("I°11 County o ) ss. Ther forego'ng in trument was acknowledged before me this raday of IthigV 2017, by 1,1 t814 A5 Aw WITNESS my hand and official seal. —� OD o�oo CMoNw mto _ .m ta 3,�w m � BY: i Qm JERRICA GRIFFIN NOTARY PUBLIC Fulton County State of Georgia My Comm. Expires Aug. 27, 2019 ATTEST: ;ei sWeld my Clerk to the Board Deputy C Notary Public BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO A. Cozad, Chair;' 1 8 2017 02 -o/7 -_I0 EXHIBIT A - Cost Sheet Name of Facility: Filing/Case #: 5rat 7 -opi3 Location: Personnel Contact: Name Title: Phone: Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. Improvements (OFF -SITE IMPROVEMENTS) "PUBLIC WORKS" cost $ Road Maint. Collateral (per Sec. E.-7.5) 34 ,n, J`' (Paved Road = $3600 Gravel Road = $2400) / TOTAL COST ($) '3 6 ,z,-11—. EXHIBIT B - Time Schedule FINAL ESTIMATED COMPLETION DATE FOR PROJECT 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 By: Applicant/Lessee/Property Owner �1 z:1n oV\s Printed Name Title BY itA? Applicant/Lessee/Property Owner N- ZANz) Printed Name Date I C) ©� , 201 4388835 Pages : 04/06/2018 10:48 A 14 M RFee $0.00 Carly y, CO 1111 11�'« � Clerk and I4R:4 kP.w �Y� fir, �IIII Date 1O ® , 20 C-1 Title ADDITIONAL INFORMATION - IF APPLICABLE CHECK 107840 VENDOR WELD005 WELD COUNTY VENDOR NAME CHECK DATE 10/04/2017 INVOICE INVOICE DATE INVOICE AMOUNT DISCOUNT AMOUNT PAID MEMO INFORMATION PO Box 758 10/04/2017 RECEIPT RECEIVED FROM ADDRESS 3600.00 .00 3600.00 MAINTENANCE DEPOSIT DATE Ia— aoYlitt cc 11411 FOR ta11,4e,,rit1 +-rtid.- NO. 89529 rP= CASH' CHECK MONEY' ORDER, 4--31660. co ✓� 1 bid Wl D BY INVOICE TOTAL DISCOUNT TOTAL PAID TOTAL CUSTOMER NUMBER REMITTANCE ADVICE 3600.00 .00 3600.00 O 2012 DEALERTRACK SYSTEMS. Mc Oenie.steo AVoI,u+l0,, Gro,,p ,8t] h 42 242 19401 B_MC BOOTH MOTORS LLC 1444 Mst, View LM Longmont, CO 00504 (}(}. H MOTOR 1444 Vista View Dr. - Longmont, CO 80504 Ph: (303) 643-5655 Home State 638 COFFMAN ST. SUITE 101 LONGMONT, CO 80501 Pay Three Thousand, Six Hundred Dollars and no/Cents TO THE ORDER OF WELD COUNTY DATE CHECK 10/04/2017 107840 AMOUNT 3.600.00 6 Case Number: Applicant: Address: Representative: Legal Description: Zoning: Proposed Use: SITE PLAN REVIEW Administrative Review Site Plan Review SPR17-0013 Parcel Number: 1313-08-2-05-008 1313-08-2-05-009 1444 Vista View Drive LLC C/O Nicholas Booth 1444 Vista View Drive Drive, Longmont, CO 80504 Roland Hower, Hower Architects Lot 8 and 9, Block 5 of 2nd Corrected Vista Commercial Center, Filing 2; Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Planned Unit Development (PUD) C-3 (Business Commercial) and I-1 (Industrial Zone District) Amendment to Site Plan Review SPR 14-0023 to construct a 3,200 -square foot body shop and detail shop (including a paint booth). Site Plan Review Standards Comments Meets the Intent of the Weld County Code Site Plan Certification Included in Application YES Stormwater Facilities See comments from the Weld County Engineer YES Offstreet Parking Per Sections 23-3-350.B. and 23-4-10. thru 23-4-40. See comments YES Loading Areas Per Section Sections 23-3-350.B. and 23-4-50.A. thru 23-4-50.E. Loading areas not required YES Access Per Section 23-3-350 D. YES Setback Requirements Per Section 23-3-350 F.1. YES Offset Requirements Per Section 23-3-350 F.2. YES Landscaping Per Section 23-3-350.G. and Section 26-2-50 NO Trash Collection and Storage Per Section 23-3-350.H. — Need to show trash enclosure for new building per questionnaire NO Potable Water Left Hand Water District YES Sewage Disposal St. Vrain Sanitation District (approved subject to requirements of sewer district) YES Environment Standards Per application YES SPRI7-0013 -BOOTH MOTORS Site Plan Review Standards Comments Meets the Intent of the Weld County Code Property Maintenance Per Section 23-2-160.U.7. YES Narrative: The site was originally approved under SPR-368 for an auto repair shop. The site was amended under SPR14-0023 to include auto display and sales and the site was expanded to the east (into Lot 8). The applicant is proposing to amend SPR14-0023 to construct a 3,200 square -foot body shop and detail shop within the boundaries of Lot 8. 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, damage repair, specified haul routes and future traffic triggers for improvements will be included. (Department of Public Works) B. The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response dated August 22, 2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The map shall be amended to delineate the following: 1. All pages of the Site Plan Review Map shall be labeled Site Plan Review SPR17-0013. (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. Vista View Drive is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 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) 4. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii (60 -feet) on the site plan. (Department of Public Works) 5. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (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) SPRI7-0013 - BOOTH MOTORS 2 8. 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) 9. The applicant shall adhere to the lighting standards, in accordance with Section 23-2-250 and Section 23-3-250.6.6 of the Weld County Code. (Department of Planning Services) 10. The applicant shall delineate the location of the trash enclosure, in accordance with Section 23-3-250.A.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 c. Easement Certificate (if applicable) This certificate shall be used when any easement crosses any of the proposed lots of the Site Plan Review. The plat shall also identify the benefited lot and purpose of the easement. SPRI7-0013 - BOOTH MOTORS 3 I (we) do hereby dedicate, for the benefit of the property(ies) shown or described hereon, easements for the purposes shown or described hereon. Signature Signature Printed/typed name Printed/Typed name 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) b. A Plant Material List specifying the Botanical and Common names of all plant material to be installed; the size of the plant material at installation and whether the plant material is to be containerized or B&B. (Department of Planning Services) c. 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) d. The size, type and color of the gravel mulch shall be noted. (Department of Planning Services) e. The size of the metal edging, if applicable, shall be noted. (Department of Planning Services) f. 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) g. At least ten percent (10%) of the area of a parking lot must be landscaped if the lot contains ten (10) or more spaces. This requirement may be counted toward the maximum lot coverage requirement of each zone district. At least seventy-five percent (75%) of the required landscape area shall include living plant material. (Department of Planning Services) D. The following notes shall be placed on the map: 1. A Site Plan Review for an amendment to Site Plan Review 14-0023 to construct a 3,200 square -foot body shop and detail shop (including a paint booth). (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. The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building 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) SPRI7-0013 - BOOTH MOTORS 4 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) 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, 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. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Left Hand Water District and Saint Vrain Sanitation District) 12. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing area shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 13. 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) 14. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) 15. The facility shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 16. The property owner shall control noxious weeds on the site. (Department of Public Works) 17. 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) 18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) SPR17-0013 - BOOTH MOTORS 5 20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services -Engineer) 21. 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) 22. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 23. 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) 24. 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 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) 4. Prior to the release of the Certificate of Occupancy: a. A final inspection of the occupancy will be required by a member of the Mountain View Fire Protection District. (Mountain View Fire Protection District) 5. Prior to Construction: a. If more than 1 acre is to be disturbed, a Weld County grading permit will be required. (Department of Planning Services - Engineer) SPRI7-0013 - BOOTH MOTORS 6 Site Plan Review conditionally approved by: Chris Gathman Date: 10/9/2017 4,„ SPR17-0013 - BOOTH MOTORS 7 Hello