HomeMy WebLinkAbout20140743.tiff RESOLUTION
RE: APPROVE ROAD MAINTENANCE AGREEMENT FOR PORTIONS OF COUNTY
ROADS 29 AND 40 AND AUTHORIZE CHAIR TO SIGN - TOWN OF GILCREST AND
M SQUARED HOLDINGS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Road Maintenance Agreement for
Portions of County Roads 29 and 40 among the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, the Town of Gilcrest, and M Squared Holdings, LLC, commencing upon full
execution of signatures, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Road Maintenance Agreement for Portions of County Roads 29
and 40 among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, the Town of
Gilcrest, and M Squared Holdings, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of March, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: U �% F � hair
Doug s Rademacher, Chair
Weld County Clerk to the Boar• I '�
A2S/LaSEXCUSED
tarbara Kirkmeyer, Pro-Tem
BY: 1_•l •� ,I t r'� . ` ._"L• ��'
■ uty Clerk to the B
can Conway
.
APDAS3. ARM: 4, N 1
Mike Fre an
Count?Attorney
iam F. Garcia
Date of signature: 4-/"Pi
2014-0743
CC hW(Ft,RH) EG0070
91z5-
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/WORK SESSION REQUEST
RE: M Squared Holdings,LLC Road Maintenance Agreement(RMA) with the City of Gilcrest
DEPARTMENT: Public Works DATE: March 4,2014
PERSON REQUESTING: Richard Hastings
Brief description of the problem/issue:
As the Commissioners are aware, Public Works has been collaborating with the City of Gilcrest on road maintenance
issues adjacent to the town limits. Through mutual agreement,the County maintains CR 40 from US 85 west to SH 60
and the City of Gilcrest maintains CR 29 from CR 40 to CR 42.
M Squared Holdings,LLC,has applied for permits through the town of Gilcrest for a facility located near the intersection
of CR 29 and CR 40. This facility will generate increased heavy truck traffic on CR's 29 and 40. With this in mind,
Gilcrest has proposed that M Squared Holdings,LLC enter into a Road Maintenance Agreement with the town of Gilcrest
and Weld County.
This Road Maintenance Agreement, similar in scope to Weld County Road Maintenance Agreements, will obligate M
Squared Holdings, LLC to pay for maintenance of the associated Haul Route portions of CR's 29 & 40. Gilcrest and M
Squared Holdings, LLC have agreed to revisions to the Road Maintenance Agreement proposed by Weld County.
What options exist for the Board? (Include consequences,impacts,costs,etc.of options)
1. Agree to the RMA.
2. Do not agree to the RMA
3. Other options?
Recommendation:
I. Public Works is requesting the Commissioners enter into the RMA with the City of Gilcrest and M Squared
Holdings,LLC regarding maintenance of the associated Haul Route on CR's 29&40.
Approve Schedule
Recommendation Work Session Other/Comments:
Douglas Rademacher,Chair
Barb Kirkmeyer,ProTem
Sean P. Conway 4 /
v
Mike Freeman YhC
William F.Garcia ' _
2014-0743
Road Maintenance Agreement
THIS ROAD MAINTENANCE�� "� AGREEMENT (the "Agreement") is made and entered
into this /07,0 day of j/( , 2014, by and between the County of Weld, State of
Colorado ("COUNTY"), the Town of Gilcrest, a Colorado statutory municipality (TOWN"), and
M Squared Holdings, LLC ("DEVELOPER")
WITNESSETH:
WHEREAS, DEVELOPER and/or their representatives have acquired a land use permit
for an approximately 2.5 acres located in Gilcrest, Colorado;
WHEREAS, the DEVELOPER facility will generate additional vehicles and heavy truck
traffic for an extended period of time; and
WHEREAS, the COUNTY, the TOWN and DEVELOPER are desirous of agreeing to
terms involving regulation of haul routes, traffic control, and road wear arising from such
additional traffic.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, COUNTY, the TOWN and DEVELOPER, and their successors and assigns
mutually agree as follows:
1. PURPOSE. The purpose of this Agreement is to set forth the terms, conditions
and fees to be paid by DEVELOPER regarding the road maintenance necessitated by
DEVELOPER's site development plan for the property more particularly described in Exhibit A,
attached hereto and incorporated herein by this reference (the "Property"). This Agreement
specifically obligates DEVELOPER to pay for the maintenance of Weld County Road 29 (WCR
29) from Weld County Road 40 (WCR 40) to the north property line of the Property, and WCR
40 from State Highway 85 to the intersection of WCR 40 and WCR 29 (hereafter, the "Subject
Roads"). All conditions contained herein are in addition to any and all requirements of the Town
of Gilcrest Municipal Code, any and all state statutes, and any other ordinances of the Town of
Gilcrest and shall not supersede any requirements contained therein.
2. SPECIFIC OBLIGATIONS OF DEVELOPER.
a. HAUL ROUTES: DEVELOPER shall designate, identify and restrict any heavy
haul trucks from the DEVELOPER facility according to the following haul routes. For
the purposes of this Agreement, "heavy haul trucks" shall mean semi trucks and/or
tandems hauling construction materials to or from DEVELOPER's facility.
• Heavy haul trucks shall approach the DEVELOPER facility from the South from
Weld County Road (WCR) 40 utilizing WCR 29, and enter the DEVELOPER
facility via the approved facility accesses on WCR 29.
Page 1 of 6
aD/v- 079-.3
• Heavy haul trucks leaving the DEVELOPER facility shall head South-bound
toward Weld County Road (WCR) 40 utilizing WCR 29.
• Local heavy haul truck traffic shall be defined as not more than fifteen (15)
percent of the total of heavy haul trucks entering and exiting the DEVELOPER
facility. Up to 15 percent of the total DEVELOPER heavy haul truck traffic may
approach or leave the DEVELOPER facility from the north on WCR 29.
• DEVELOPER shall provide signage at their facility posting and requiring use of
proper haul routes. DEVELOPER shall also provide training of truck haulers on
the need to use appropriate haul routes.
b. MAINTENANCE AND DUST CONTROL: DEVELOPER shall be solely
responsible for all costs and expenses associated with maintenance and dust control
measures on the Subject Roads as set forth herein:
• When the increased traffic generated by the DEVELOPER facilities on Subject
Roads results in dust levels that; generate citizen complaints regarding excessive
dust and/or exceed generally accepted health standards, the TOWN or the
COUNTY shall apply a dust suppression chemical (Magnesium Chloride or
Calcium Chloride or equivalent) on the Subject Roads. The COUNTY shall
notify DEVELOPER in writing of the need for dust control measures.
• Dust suppression chemicals shall be applied by the COUNTY or the TOWN as
needed as determined by COUNTY or TOWN at a minimum of twice a year and
not more than three times per year. DEVELOPER shall be solely responsible for
reimbursement of the cost of chemical dust treatment of the Subject Roads. In
addition, if the COUNTY or the TOWN, in either entity's sole discretion,
determines it necessary to grade the Subject Roads based on the wear and tear on
the Subject Roads, said grading operations shall also be conducted by the TOWN
or COUNTY at the sole cost and expense of DEVELOPER .
c. Other Necessary Road Maintenance. DEVELOPER agrees that it shall be
solely obligated to pay for the cost of road maintenance on the Subject Roads when
determined necessary by the COUNTY or the TOWN, in each entity's sole discretion,
based on the impacts of DEVELOPER's development on the Subject Roads.
3. PAYMENT BY DEVELOPER TO THE COUNTY OR THE TOWN. The
COUNTY or the TOWN, depending on which entity provides the road maintenance services,
shall send DEVELOPER a statement for the actual costs incurred for the costs of dust control
and other road maintenance on the Subject Roads within thirty (30) days of the services being
performed. DEVELOPER shall reimburse said costs within fifteen (15) days of the date of the
invoice.
Page 2 of 6
4. PROPORTIONATE SHARE OF MAINTENANCE BY OTHER
PROPERTIES. To the extent permitted by law, and without waiving their legislative discretion
or police power associated with the maintenance of the Subject Roads, the COUNTY and the
TOWN agree to require property owners of properties that; generate non-agricultural related
heavy haul truck traffic and will benefit from the Subject Roads to pay a proportionate share of
the maintenance costs set forth herein as part of any approved future development.
5. BREACH BY DEVELOPER; REMEDIES OF THE COUNTY AND TOWN.
In the event of a breach of any of the terms and conditions of this Agreement by DEVELOPER,
the COUNTY or the TOWN may take such action as permitted and/or authorized by law, this
Agreement or the ordinances and regulations of the COUNTY and the TOWN as they deem
necessary to protect the public health, safety and welfare. The remedies include, but are not
limited to:
a. The refusal to issue any building permit or certificate of occupancy;
b. The revocation of any building permit or certificate of occupancy previously
issued for the Property;
c. A determination to close the Subject Roads to the truck traffic otherwise
authorized pursuant to this Agreement;
d. Certification of any unpaid amounts as a lien against the Property; and/or
e. Any other remedy available at law.
Unless necessary to protect the immediate health, safety and welfare of the COUNTY or the
TOWN, the COUNTY or the TOWN shall provide DEVELOPER thirty (30) days' written notice
of its intent to take any action under this paragraph, during which thirty-day period
DEVELOPER may cure the breach described in the notice and prevent further action by the
COUNTY or the TOWN.
6. ENTIRE AGREEMENT. This instrument embodies the entire agreement of the
parties with respect to the subject matter hereof. There are no promises, terms, conditions, or
obligations other than those contained herein; and this Agreement shall supersede all previous
communications, representations, or agreements, either verbal or written, between the parties
hereto. No modification to this Agreement shall be valid unless agreed to in writing by the
parties hereto.
7 BINDING EFFECT. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their successors in interest.
8. NO THIRD-PARTY ENFORCEMENT. It is expressly understood and agreed
that 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 their successors,
and assigns in the event that any portion of the project is annexed into an adjacent municipality,
Page 3 of 6
and nothing contained in this Agreement shall give or allow any claim or right of actions
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties than any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be deemed an incidental beneficiary only.
9. NO WAIVER OF IMMUNITIES. No portion of this agreement shall be
deemed to constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this agreement be deemed to have created a duty of care which
did not previously exist with respect to any person not aparty to this a agree
ment.
ent.
g
10. SEVERABILITY. If any term or condition of this agreement shall be held to be
invalid, illegal or unenforceable, this agreement shall be construed and enforced without such a
provision, to the extent this agreement is then capable of execution within the original intent of
the parties.
11. NO JOINT VENTURE OR PARTNERSHIP. By entering into this Agreement,
the parties do not intend, either expressly or implicitly, to create a joint venture or partnership.
Except as provided herein, neither party shall have the right or authority to act for, or on behalf
of, or to enter into any obligations which are binding on the other party to this Agreement.
12. NOTICES. All notices to be given under this Agreement shall be in writing and
delivered in person, or mailed by certified or registered U.S. Mail, or sent by a nationally
recognized overnight delivery service, to the party to receive such notice at the following
addresses:
COUNTY:
Weld County Board of Commissioners
P.O. Box 758
Greeley, CO 80632
DEVELOPER:
TOWN
Attention Town Administrator
P.O. Box 128
Gilcrest, Colorado 80623
Page 4 of 6
With copy to:
Corey Y. Hoffmann, Esq
Hayes, Phillips, Hoffmann& Carberry, P.C.
1530 16th Street, Suite 200
Denver, Colorado 80202
All notices shall be effective upon receipt by the party to receive such notice, or by the third day
following deposit of said notice in U.S. Mail, or the first day following deposit of
acknowledgment of refusal of delivery of said notice.
13. RELEASE OF LIABILITY. It is expressly understood that the COUNTY and
the TOWN cannot be legally bound by the representations of any of its officers or agents or their
designees, except in accordance with the laws of the State of Colorado.
14. GOVERNING LAW. The laws of the State of Colorado shall govern the
validity, performance and enforcement of this Agreement. Should either party institute legal suit
or action for enforcement of any obligation contained herein, it is agreed that venue of such suit
or action shall be in Weld County, Colorado.
15. ATTORNEY FEES. Should this Agreement become the subject of litigation to
resolve a claim of default of performance by DEVELOPER and a court of competent jurisdiction
determines that DEVELOPER was in default in the performance of the Agreement,
DEVELOPER shall pay the attorney fees, expenses and court costs of the COUNTY and/or the
TOWN.
16. ASSIGNMENT OR ASSIGNMENTS. There shall be no transfer or assignment
of any of the rights or obligations of DEVELOPER under this Agreement without the prior
written approval of the COUNTY and the TOWN. DEVELOPER agrees to provide the
COUNTY and the TOWN with at least fourteen (14) days' advance written notice of the transfer
or assignment of any of the rights and obligations of DEVELOPER under this Agreement.
17. Recording of Agreement. This Agreement shall be recorded in the real estate
records of Weld County and shall be a covenant running with the Property in order to put
prospective purchasers or other interested parties on notice as to the terms and provisions hereof.
Page 5 of 6
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day
and year first above written.
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST:
(.1) 4141 PAU
;t udas Rade acher, Chair
�/ 1 G '�C1� MAR Z 2 2014
r
Weld County Clerk to the Board
BY: O l
Deputy Clerk to e Board
TOWN OF GILCREST
9)4161-crn tp
By. /1"-
. SEAL
Attest: G „ •••••-
Town Clerk
DEVELOPER - M SUQRED HOLDINGS, LLC
,57
By: <'
STATE OF COLORADO )
) ss.
COUNTY OF weld )
we The foregoing instrument was subscribed, sworn to and acknowledged before me this
,2,7 day of rn ? , 2014, by ,tT4,- A 1110 c as &Adze of M Squared
Holdings, LLC.
My commission expires: P/200ii
(S E A L)
•
,�••v�' ••••.:1e;\
G.
�`t NpTARy, 'S' N to , Public;'
.ty\ POBLIC `O
,;vT�o.......• Qo Page6of6
• ... .....,. aaJ y D 7 93
ucENE,
ZONE II hELSON EUGENE I(
Ili!FARM
454 STREET
w
SMEAR FARMS ZON AG
USE.FARM RITA HALL RILL L 0
ZONE II ZONE
USE RESIDENTIAL USE FARM
se..asoto DEAN
ZONE II
USE RESIDENTIAL
ms„
ZONE II
TRUCK ROUTE
zatel
CR.40 C A RG
0
�P
`6Z°kE ZONE AG
ZONE AG
USE FARM
VICINITY MAP
1" = 500'
LEGAL DESCRIPTION:
LOT 2, BLOCK 92 & 1/2 OF ADJACENT
VACATED STREETS
DATE:
O �(BPROn,. , .a, M SQUARED HOLDINGS 1/15/I4
3050 67th Avenue.Suite 200.Greeley.CO 80634 EXHIBIT A SCALE:
cacaesr
(970)535-9318 fax:(970)535-9854 ,COLORADO N.T.S.
Hello