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Home My WebLink About20131885.tiffRESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR12-0075 - PLAINS MARKETING, LP WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on February 27, 2013, the Weld County Board of Commissioners approved Use by Special Review Permit, USR12-0075, for Plains Marketing, LP, 333 Clay Street, Suite 1600, P.O. Box 4648, Houston, Texas 77002, for Mineral Resource Development Facilities, including transloading of a commodity from one mode of transportation to another including rail, truck and pipeline, without limitation for oil and gas industries, including petroleum products and storage related to same, the construction of an on -site rail spur to create a "rail loop" of on -site track, new offices and support buildings, and related equipment, a greater than 70 -foot communication tower and utilization of more than one cargo container for storage in the A (Agricultural) Zone District, on the following described real estate, to -wit: All of Section 17, south and east of Rail Road, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Plains Marketing, LP (Tampa Site), with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Performance Bond No. RLB0015229 from RLI Insurance Company, 8 Greenway Plaza, Suite 400, Houston, Texas 77046, in the amount of $3,608,877.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Performance Bond as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Plains Marketing, LP, be, and hereby is, approved. BE IT FURTHER RESOLVED that Performance Bond No. RLB0015229 from RLI Insurance Company, 8 Greenway Plaza, Suite 400, Houston, Texas 77046, in the amount of $3,608,877.00, be and hereby is, accepted. / UU9 Pw - —7420t 3953811 Pages: 1 of 24 I'I Steve 08/06201 Moreno, 11:38 1 :38k anld Recoeder$,0W0 Weld County, CO Y Vv ®III I�Pdu:��P.�i TIAT�ijh�b&L+ .I IPlr' rit,i C III 1' I �(tv 2013-1885PL2209 IMPROVEMENTS AGREEMENT - PLAINS MARKETING, LP PAGE 2 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 22nd day of July, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD €1NTY, COLORADO ATTEST:,` Weld County Clerk to the Bo BY: Deputy Clerk to the Boar APP ounty Attorney Date of signature: lam F. Garcia, Chair Rademacher, Pro-Tem ean P. Conway -9/YUP,1- Mike Freeman 3953811 Pages: 2 of 24 08/06/2013 11:38 RP? R Fee:g000 ®III Mi�1I;};;PJ 4if+,�+l#A HK ILK+16''•ih'�r+nt CO i6°Iij"j till 2013-1885 PL2209 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Plains Marketing LP (Tampa Site) — USR12-0075 Part 1: Site Specific Provisions THIS AGREEMENT is made this o2a- day of _ , 2013, by and between Plains Marketing, L.P. whose address is 333 Clay Street, Suite 600, Houston, Texas 77002, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: All of Section 17, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, County has approved land use permits for an Mineral Resource Development Facility including transloading of commodities and materials without limitation for oil and gas industries, including petroleum products and storage related to same, the construction of an on -site rail spur tor crate a "rail loop" of onsite track, new offices and support buildings, and related equipment, a greater than 70 foot communication tower and the utilization of more than one cargo container for storage on approximately 356 acres on the above described real property, and the County is currently in the process of considering an Use -by -Special Review for the Property (USR12-0075), and WHEREAS, the Property Owner acknowledges that the issuance of USR12-0075 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in the Plat Map and the set of accepted Construction Plans provided by Property Owner, copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibits C and D, respectively, and WHEREAS, the Property Owner acknowledges that it may not engage in any activity described in USR12-0075 and/or any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein or to commence the use of the Property as approved in USR12-0075 within three (3) years of the lof 22 nrt...Lo6..� T P-Tamnn Cite C:\Users\danmbin\.4ppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\N9Y389YP\Plair� (USR12-0075) Part 1 -Site Specific Provisions -IA Draft 2013 (7-9-13).docx 2013-1885 approval of the permit issued under USR12-0075, may result in the revocation of USR12-0075, upon consideration and order of the Board of County Commissioners, and WHEREAS, the Property Owner agrees that the failure to record the plat within the time limits imposed by the Weld County Board of County Commissioners, may result in the revocation of USR12-0075, upon consideration and order of the Board of County Commissioners, and WHEREAS, the parties agree that the Property Owner shall provide collateral for all on - site and off -site improvements required by this Agreement when; the Property Owner 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 Town of Keenesburg, Weld 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: A. Required Off -Site Improvements: 1.0 Weld County Road 398: The Property Owner shall be responsible for the construction of certain on -site and off -site safety improvements, which shall include: upgrading, widening, and paving of CR 398 starting at the facility entrance and terminating at the point where CR 398 meets the existing asphalt pavement within the Town of Keenesburg city limits, construction of adequate turning radii of sixty (60) feet at the main entrances and exits which extend partially into CR 398 right-of-way (ROW), drainage and signage installations, as indicated on the accepted Construction Plans. All such improvements will be in accordance with the requirements of Weld County. Additional obligations for Off -Site Improvements may be required if the property owner requests additional access points. A County access permit is needed for every access to a County road. 2.0 Road Improvements Responsibilities: Property Owner and County will share in the construction costs, specifically as stated above in Section A.1.0 regarding only the upgrading, widening, and paving of WCR 398 starting at the facility entrance and terminating at the point where CR 398 meets the existing asphalt pavement within the Town of Keenesburg city limits. These responsibilities include, but are not limited to the following: design, surveys, utility locates, present and future right-of-way clearances and permits; coordination with oil and gas operators and facilities, and affected irrigation facilities; traffic control; and project safety during construction. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other Federal, State or County regulatory agencies. The proportional cost shares for these afore -mentioned CR 398 paving improvements will be as follows; Plains Marketing LP will pay 2/3 and Weld County will pay 1/3 of the construction costs. Weld County will not pay more than 1/3 of the original accepted bid price. Any cost overruns, change orders or added expenses above the original accepted contract will be the sole responsibility of Plains Marketing LP. Plains Marketing will post their 2/3 proportional 2of 22 C:\Users\darambin\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\N9Y389YP\Plains Marketing 19 -Tampa Site 3953811 Pages: 4 of 24 08/06/2013 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, Co ■III MraRNIIni Alli hfYliKM Ip :Il rkosim "Ill cost share of the entire CR 398 paving costs at such time that a Paving Contractor and Final Total Paving Project Cost has been mutually agreed upon by Plains Marketing LP and Weld County. Weld County will pay its 1/3 proportional share of the original accepted bid price directly to the Paving Contractor following inspection and acceptance of the CR 398 paving improvements, by Weld County. 3.0 Engineering Design and Construction Plans: For Off -Site Improvements as set - forth in Section A. 1-2 above, all engineering designs and construction plans must be provided by Property Owner. All plans showing work within the County shall be reviewed and accepted by Weld County, prior to the start of construction. For all construction in the County right-of- way, prior to the issuance of any access permit or right-of-way permit, a construction schedule giving times and locations of all proposed improvements shall be provided to Public Works for review and acceptance. The approved and accepted construction plans are a part of this Agreement. 4.0 Construction Standards: All construction and materials controls for a project and any designated improvements shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 5.0 Traffic Control: Prior to any construction in the County Right -Of -Way and as a condition of issuance of any access permit or Right -Of -Way permit, the applicant shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then current version of the "Manual of Uniform Traffic Control Devices" (hereinafter "MUTCD"). 6.0 Off -Site Dust Control/Abatement and/or Paving: The Property Owner 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 and/or paving costs to be paid by Property Owner based upon then current Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust control will be determined by site -specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Property Owner haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of haul traffic utilizing County roads in the vicinity of the site attributable to Property Owner (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County on the primary and requested alternate or revised haul routes. The County will have sole responsibility for determination of the percentage of haul route traffic on all affected roads. 7.0 Future Improvements: Future improvements to the haul route(s) may be required by County. Property Owner shall address all County and/or Colorado Department of Transportation (CDOT) access issues associated with afore -mentioned haul route. Future County mandated measures may include improvements to any haul route intersection or roadways then utilized by Property Owner. Property Owner shall pay a proportionate share of the cost of the entire project including engineering designs and construction plans based on the Applicant's 3of 22 C:\Users\darambin\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\N9Y389YP\Plains Marketing LP -Tampa Site 3953811 Pages: 5 of 24 08/06/2013 11:38 All R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III I �jt' a�C� i iIA+�lti+'v��4'�l +jl �i�h'a4Y4rh 1I II I share of ESAL Counts using then current data on the haul route in the implementation of the above -mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. In order to accurately determine percentage of Property Owner haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. Future improvements will be subject to any Federal, State, County, and City regulations in place at the time the improvement project is initiated. Other roadways Improvements may be triggered due to heavy truck traffic associated with the facility including additional turn lanes onto CR 398; the following is a list of the American Association of State Highway & Transportation Officials, (hereinafter "AASHTO") triggers for turn lanes: a. 25vph turning right into the facility during a peak hour. b. 50 vph turning right out of the facility during a peak hour. c. 10vph turning left into the facility during a peak hour. Due to the increased traffic volumes at the facility here is a list of triggers for the improvements for the upgrading, widening, and/or paving of WCR 398 northeast of the facility entrance: a. 200 vehicles per day Mag-Chloride b. 400 vehicles per day Pavement 8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to complete the aforementioned offsite improvements as described in Section A.1.0-2.0 until the occurrence of the triggering event for each improvement, namely the application for the Grading Permit, Building Permit, Right -Of -Way or Access Permit or the commencement of activities on the property(s). At that time, Property Owner agrees that the required collateral will be posted and all on -site and offsite improvements shall commence and shall be completed within the parameters established in Sections A.3.0 and E.7.2, and Exhibit B, herein. 9.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact a representative of the Weld County Department of Public Works and request an inspection of the off -site improvements described in paragraph A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth in Sections E.6.1-6.3. 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted construction plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: 4of 22 C:\Users\darambin\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\N9Y389YP\Plains Marketing LP -Tampa Site 3953811 Pages: 6 of 24 08/06/2013 11:38 AM R Fee:$0.00 Steve Moren uIr1re' Clerk ir: and �Recorder, �'YWeld County, CO +tiUh; 1.0 Established Haul Routes: 1.1 Exiting or entering the site: Haul vehicles shall enter or exit the site at the approved access onto CR 398. Haul vehicles will travel southwest on CR 398 travel north on Market Street to I-76 then disperse further in any direction. 1.2 No haul vehicles may exceed CDOT required specifications for pounds per axle. 1.3 In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned haul route for a limited period of time (which is defined in this Agreement as a period of not more than thirty days), which shall be established by County at the time that the deviation is allowed. 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 4.0 of this Section B. 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 Haul Route Signage: Property Owner 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. 3.0 No Deviation from Permitted 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. 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Property Owner or site operator to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in Property Owner's site activities and/or haul route circulation pattems, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said haul route roads, Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current haul route trip counts that identify traffic loading due to Property Owner -sourced traffic. 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. C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner and/or 5of 22 C:\Users\darambin AppData\Local\Microsoft\Windows \Temporary Internet Files \Content.outlook\N9Y389YP\Plains Marketing LP -Tampa Site 3953811 Pages: 7 of 24 08/06/2013 11:38 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, Co Ell FAA' h�lh�, P 4ir1h'�hit! 1�i�f Yt'ti,Y� h ®I III 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 hauling to and from the Property. Should Property Owner and/or Lessee's site activities and/or should Property Owner and/or Lessee's haul route circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner and/or Lessee's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Owner and/or 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. 1.1 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 Applicant of such Significant Damage. Applicant 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 Applicant identifies Significant Damage prior to receiving notice thereof from County, Applicant 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). 1.2 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 Property Owner and/or 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, Property Owner and/or Lessee shall submit Off -Site Construction Plans and Cost Estimates to County for review. Property Owner and/or 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. 1.3 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner and/or Lessee's payment for its 6of 22 C:\Users\darambin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\N9Y389YP\Plains Marketing LP -Tampa Site 3953811 Pages: 8 of 24 08/06/2013 11:38 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 11IIIMJP1llAciiR,I+JI314,KIr, F,rtHig,4Yr54IiherY4h II III Proportionate Share of the road repairs/improvements will be calculated as determined in Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent with Section C.3.0 of this Agreement. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and all other. Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data becomes available. 3.0 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, Property Owner shall pay a proportionate cost of a complete restoration based on the number of Haul Trip ESAL Counts using then current data of haul trips entering or exiting Property Owners' site onto the haul route in the implementation of the above -mentioned improvements. Notification to the Property Owner 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, as described in Section C.1.0 above. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is anticipated that Property Owner and other Property Owners and/or Lessees subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner, and other Property Owners and/or Lessees shall be conducted pursuant to separate agreements between the Property Owner and other Property Owners and/or Lessees. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in this Agreement and Exhibits A and B such non-performance will constitute a violation of Property Owner's land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for setting a probable cause hearing according to the procedures described in Section 2-4-40 of Weld County Code. Revocation of USR12-0075 as it now exists or may, from time to time, be amended is a remedy which County may impose. D. On -Site Improvements: 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or maintain the landscaping and re -seeding of the property where applicable as shown on the accepted Construction Plans and USR12-0075 plat map. Specifically, Property Owner shall at its own expense, plant, install and/or maintain all grass and other landscaping and re -seeding where 7of 22 C:\Users\darambinWppData\Local\Microsott\Windows\Temporary Internet Files\Content.Outlook\N9Y389YP\Plains Marketing LP -Tampa Site 3953811 Pages: 9 of 24 08/06/2013 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �IIIM!P1P�'Gl�ittlAilitiH ilOhlreitilFirelvi Ili $1111 applicable as shown on the accepted Construction Plans and USR12-0075 plat map. Additionally, the Property Owner shall install and/or maintain fencing to screen the property where applicable as indicated on the accepted Construction Plans and USR12-0075 plat map. In the event any 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. 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner 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 USR12-0075 Plat Map. The main entrance improvements will include; construction of adequate turning radii at the main site entrances onto CR 398, an appropriately sized drainage culverts, and a double cattle guard set (one right after the other) across the entire width of the roadway with one hundred (100) feet of asphalt paving or three -hundred (300) feet of asphalt pavement at the exit, to ensure a complete revolution of the haul tires to minimize the tracking of mud and debris onto CR 398. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Property Owner shall be responsible for all maintenance of the onsite 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 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 Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to initiate the 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 on -site and 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, Property Owner agrees that all landscaping and other on -site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. 4.0 Acceptance of On -Site Improvements: Upon completion of the on -site improvements, Property Owner shall contact the Weld County Department of Planning Services and the Weld County Department of Public Works and request an inspection of the on -site improvements described in Section D.1.0 and D.2.0 above. The County's representatives may then initiate the process for "Acceptance of Improvements" set forth in Sections E.6.1-6.3. "End of Part 1" 8of 22 C:\Users\darambin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\N9Y389YP\Plains Marketing LP -Tampa Site (USR12-0075) Part 1 -Site Specific Provisions -Lk Draft 2013 (7-9-13).t 3953811 Pages: 10 of 24 08/06/2013 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III kr.da'?h4a+``G P Filkili lil lkIZRlIA lid Bill IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Plains Marketing LP (Tampa Site) — USR12-0075 Part 2: General Provisions General Requirements: 1.0 Engineering Services: Property Owner 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 Property Owner 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. 2.0 Rights-of-wav and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at the sole expense of Property Owner, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and USR12-0075 Plat Map, be solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement, which are attached hereto and/or incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On - site), and improvements to public rights -of -way or easements being completed also in accordance with the schedule set forth in Exhibit "B" (Off -site). The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in Exhibit B stated herein upon application by the Property Owner. 9 of 22 M:\PLANNING -DEVELOPMENT REVIEWS, -2012 Planning Referrals\USR12\USR12.0075 Plains Tampa Truck unloading facilityVmprovements Agreement\Plains Marketing LP -Tampa Site (MINFl2-0075) Part 2 -Weld County Provisions - Final IA 2013 (7-9- 13).docx 3953811 Pages: 11 of 24 08/06/2013 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®IIIIIJP.rII'P�Yi� 4�'`T 'LVu!fr Y�L��'�Alt'flii i 11111 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 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. 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 Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property Owner. 4.0 Release of Liability: Property Owner and 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. 5.0 Warranty of On -Site and Off -Site Improvements: Property Owner shall warranty all improvements to public rights -of -way, Of any), and all privately created and maintained roads or rights -of -way, or easements, and all on -site improvements for a period of two (2) years. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of On -Site and/or Off -Site Improvements by the County: Upon compliance with the following procedures by the Property Owner, the improvements shall be deemed accepted by the County. 6.1 If requested by the Property Owner and approved by the County, portions of the improvements may be placed in service when completed according 10 of 22 M:\PLANNING—DEVELOPMENT REVIEW —20l2 Planning Referrals \USR12\USR12-0075 Plains Tampa Truck unloading facilityllmprovements Agreement\Plains Marketing LP -Tampa Site (MINF12.0075) Part 2 -Weld County Provisions - Final IA 2013 (7-9- 13).docx 3953811 Pages: 12 of 24 08/05/2013 11:38 AM R Fee :$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO IIIIPRIM 1°ii ,I PWNW'ikEdif71F17'I+®WAY),Ill III to the schedule shown on Exhibit "B," but such use and operation shall not, alone, constitute an acceptance of said portions of the improvements. 6.2 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 Applicant. 6.3a Upon completion of the construction of the required off -site improvements, and the filing of a Statement of Substantial Compliance by Property Owner's engineer, the Property Owner may, as set forth in Section A.9.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. The County Engineer shall reinspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 6.3b Upon completion of the construction of the required on -site improvements, and the filing of a Statement of Substantial Compliance, when necessary, by Property Owner's engineer, the Property Owner may, as set forth in Section D.4.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. The County Engineer and /or the Department of Planning Services shall reinspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County Engineer and/or Department of Planning Services find that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified 11 of 22 M:\PLANNING -DEVELOPMENT REVLEWI-2012 Planning Referrals\USR12\USR12-0075 Plains Tampa Truck unloading facility\lmprovements Agreement\Plains Marketing LP -Tampa Site (MINF 12-0075) Part 2 -Weld County Provisions - Final 1A 2013 (7-9- I3).docx - 3953811 Pages: 13 of 24 08/06/2013 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111F.1FTYul,,b4:a,lhh!®IIII written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 7.0 General Requirements for Collateral: 7.1 County requires Property Owner to provide collateral to guaranty all of Property Owner's obligations under this Agreement: (1) Project Collateral for completion of all improvements described in this Agreement shall be provided separately for on -site improvements and off -site improvements; (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. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements indentified on the accepted Construction Plans and USR12-0075 Plat Map and further enumerated in the costs listed in Exhibit "A," must be equivalent to One -Hundred Percent (100%) of the value of the improvements as shown in this Agreement. Collateral for Off - site improvements that extend partially off -site as mentioned in Section A.1.0 (if any) or D.2.0 of this Agreement that include only improvements involving turning radii and approaches can be included as part of the On - site collateral amount, if clearly delineated on accepted Construction Plans and differentiated as "Entrance Improvements" on Exhibit "A" On -Site Improvements of this Agreement. This collateral must be submitted to County upon the submission of the Property Owner's application of a grading, building, and/or right -of way permit, or at a time determined acceptable by the Board of County Commissioners, and shall be held in total by County as provided in Section E.7.3 below until all improvements have been completed. 7.3 Warranty Collateral for all on -site and 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). 7.4 In the event Property Owner fails to adequately complete and/or repair improvements associated with this Improvements Agreement, County will access, in its sole discretion, Project or Warranty Collateral to the extent necessary to complete said improvements or repairs in order to preserve public interest. 7.5 Road Maintenance Collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners or at the time of approval of this Agreement, if no Project Collateral was initially submitted. Road Maintenance Collateral is held for use on roads associated with the designated haul route. The amount of the collateral l2 of22 M:\PLANNING - DEVELOPMENT REVniW\-2012 Planning Refeaals\USR12\USR12-0075 Plains Tampa Truck unloading fa cilityVmprovements AgreementPlains Marketing LP -Tampa Site (MINF12-0075) Part 2 -Weld County Provisions - Final IA 2013 (7.9- 13).docx 3953811 Pages: 14 of 24 08/06/2013 11:38 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII Mi�1Rl4N+i� "h+fY�h�"fllil�' i WWI IWrh �I ill required for road maintenance shall be one percent (1%) of the initial Project Collateral listed on Exhibit "A" — Cost Sheet (OFF -SITE) of this agreement. If no Off -Site Collateral is submitted, the amount of Road Maintenance Collateral shall be one percent (1%) of the initial Project Collateral listed on Exhibit "A"- Cost Sheet (ON -SITE). If no Project Collateral was initially submitted, Road Maintenance Collateral shall be submitted at the time of approval for this Agreement or at such time that approved USR12-0075 activities are initiated. 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, and the amounts will be listed on Exhibit "A"- Cost Sheet (OFF -SITE). Road Maintenance Collateral shall be held by County as long as this Agreement is in effect and returned to the Property Owner upon vacation of associated land use agreement or permit. The Road Maintenance Collateral will only be accessed by the County, if upon notification to Property Owner of required roadway safety related repairs; Property Owner fails to perform said repairs. If any of this collateral shall be collected by County, Property Owner shall replace the amount, plus interest, within six (6) months. 7.5.1 Road Maintenance Collateral Option (For Materials Haulers): In lieu of cash collateral, Property Owner may submit funds quarterly to Weld County, at a rate of ten (10) cents per ton, based on the amount of processed material leaving the site. These funds will be escrowed by the County and utilized for roadway repairs specific to the USR's designated haul route. The first payment of funds will be due three months after the initial sale of materials from the USR site. Subsequent quarterly payments will be deposited in the associated escrow account until the USR permit is terminated. Utilization of this collateral option will negate any further obligations of the Property Owner and/or Applicant to participate in any future maintenance and/or improvements projects for the associated Haul Route. Upon vacation of the USR for this facility and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining funds in the escrow account will be returned to the USR Permittee. 7.5.2 Road Maintenance Collateral (For Off -Site Dust Control — If Applicable): The total costs for materials and application, will be listed on Exhibit "A" (OFF -SITE) — Dust Control, of this agreement. These funds will be utilized by the County for roadway applications specific to the USR's designated haul route, only if the applicant does not adhere to the requirements for dust suppression as specified in Section A.6.0 of this agreement. Following completion of all construction phases, and/or upon vacation of this USR, and 13 of 22 MAPLANNING — DEVELOPMENT REVIEW\ -2012 Planning Referrals \USR12\USR12-0075 Plains Tampa Truck unloading facility \Improvements Agreement\Plains Marketing LP -Tampa site (MINFI2-0075) Part 2 -Weld County Provisions - Final IA 2013 (7-9- 13).docx 3953811 Pages: 15 of 24 08/06/2013 11:38 All R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO toledili,WiLlK iniliVFML+ VORi'riVatiiviiiIII following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining Dust Control collateral will be returned to the USR Permittee. 7.6 Acceptable Project Collateral shall be submitted when the Property Owner submits an application for the Grading Permit, Building Permit, or Right - of -Way Access Permit prior to commencement of Site Preparation, as herein defined. 7.6.1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for all improvements are updated and collateral is provided in the amount of One -Hundred percent (100%) of the then current value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations, except with prior County consent. The improvements shall be completed within the time schedule set forth in Exhibit "B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Applicant's operations pursuant to USR12-0075 that require a grading or building permit from the County pursuant to the Weld County Code. In the event that the Improvements outlined in this Agreement and Exhibit A are not completed within one year of the execution of this Agreement Weld County may require Property Owner to obtain current cost figures for one or more of the Improvements. 7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to one -hundred percent (100%) of the total value of the improvements set forth in the Improvements Agreement and the Plat; the LOC shall be subject to the requirements of Weld County Code Section 2- 3-30 B. The Property Owner shall utilize only a County approved form when obtaining an LOC: (IRRVEVOCABLE STANDBY LEI ftR OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.8 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement and the Plat. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. The Property Owner shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, 14 of 22 M:\PLANNING — DEVELOPMENT REVIEW\ -2012 Planning Referrals \USR12\USRl2.0075 Plains Tampa Truck unloading fscility\lmprovements Agreement\Plains Marketing LP -Tampa Site (MINF12-0075) Part 2 -Weld County Provisions - Final IA 2013 (7-9- 13).docx 3953811 Pages: 16 of 24 08/06/2013 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO BD PFAU iigi.IIh1.PKurlinitii,1! 111 COLORADO). A copy of said form shall be provided to Applicant upon request. 7.9 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to One Hundred Percent (100%) of the value of the improvements set forth in the Improvements Agreement. In the event the applicant is required to warranty the improvements, the applicant shall replace the original deposit with a deposit in the amount of fifteen percent (15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7.10 The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a "three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best. The Board further reserves the right to require Property Owner to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by Property Owner within sixty (60) days of the Board's notice to Property Owner that the rating has fallen and that the collateral must be replaced. Property Owner may not terminate existing collateral until replacement collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 8.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Property Owner's Engineer shall certify that the project "as -built" is in substantial compliance with the plans and 15 of 22 M:\PLANNING- DEVELOPMENT REVIEW' -2012 Planning Referrals\USR121USRI2-0075 Plains Tampa Truck unloading facility \Improvements Agreement\Plains Marketing LP -Tampa Site (MINE 12-0075) Part 2 -Weld County Provisions - Final IA 2013 (7-9- 13).docx 3953811 Pages: 17 of 24 08/06/2013 11:38 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ELTLIJ 11 III specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. 8.7 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, the Property Owner (if Property Owner has supplied any or all of the collateral) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 Following the written request for partial release of the "Project Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on -site and/or off -site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the partial release of "Project Collateral". For all off -site and on -site improvements (including improvements to public rights -of -way or easements), the written request for release of "Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. However, collateral for improvements fully accepted for maintenance by a responsible governmental entity, special district or utility company will be fully refunded to Property Owner. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on -site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the conclusion of the Warranty period. The "Warranty Collateral" shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. 16 of 22 M:\PLANNING— DEVELOPMENT REVIEW\ -2012 Planning Referrals\USR12\USR12.0075 Plains Tampa Truck unloading facilityMmprovements Agreement\ Plains Marketing LP -Tampa Site (MINF12-0075) Part 2 -Weld County Provisions - Final IA 2013 (7-9- 13).docx 3953811 Pages: 18 of 24 08/06/2013 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO NIP MINI :lygeN FACIAWIEliiNIP . "Ill 8.10 For all off -site and on -site improvements (including improvements to public rights -of -way or easements), the written request for release of "Warranty Collateral" shall be accompanied by "Road Maintenance Collateral" (If Applicable) as specified in Section E.7.5 of this Agreement. "Road Maintenance Collateral" for roads associated with the designated haul route shall be maintained as long as the USR is active. 9.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in part by Property Owner without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Applicant's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. (See paragraphs F. 1.2 and 2.2 below) Consent to a delegation or an assignment will not be unreasonably withheld by County. In the event of sale of the Property, County may agree to release Property Owner in whole or in part from obligations under this Agreement. 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 Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0 County Engineer: 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. 11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. F. Termination of Agreement: 1.0 Termination Event: This Agreement shall terminate upon the earliest of the following events: 1.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Operator's complete cessation of all activities permitted under USR12- 0075 or any amendments thereto. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute 17 of 22 M:\PLANNING -DEVELOPMENT REVIEW\ -2012 Planning Referrals\USRI2\USR12-0075 Plains Tampa Truck unloading facility\Improvements Agreement\Plains Marketing LP -Tampa Site (MINF12-0075) Part 2 -Weld County Provisions - Final IA 2013 (7-9- 13).docx 3953811 Pages: 19 of 24 08/06/2013 11:38 RM R Fee :$0.00 Steve Moreno, Clerk k and Recorder, ` Weld County, CO ` ®III Rf'iirh'�Srii1i IY,�hilldWiI'eR IA 'atomic; � tfi®III a Termination. Operator shall provide written notice to Property Owner and County of said cessation of activity, which County shall then verify. If written notice is not provided to County, Termination of this Agreement shall not occur until County has determined that the Use by Special Review is inactive, which shall be three (3) years following County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the Weld County Code. 1.2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR12-0075 by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR12-0075 with a new Property Owner who has purchased the Property, and intends to make use of the rights and privileges available to it through the then existing USR. 1.3 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR12-0075 by New Operator: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR12-0075 with a new operator who has assumed the operation of the business on the Property which business activities are permitted by the then existing USR. 2.0 Termination Procedures. 2.1 Termination Procedures Following Cessation of Permit Related Activities: Following the events outlined in paragraph 1.1 above, County shall conduct its annual road inspection. Said road inspection shall be conducted on or before May 31 following the announcement or determination of the cessation of permit related activities on the Property. The results of the inspection shall be delivered in writing to the Property Owner and Operator. If the County determines that pursuant to the terms of this Agreement, the Operator must complete any of the improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable period of time thereafter, but in no event later than six (6) months following the determination that permit related activities have ceased. Collateral shall not be released by County until such time as county determines that all of the improvements have been completed. 2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property or Transfer of Operations: If the Property Owner or Operator desires to assign its rights and obligations under this Agreement to a successor Property Owner or Operator, the Property Owner or Operator shall, prior to the transfer, provide County with a written Notice to Transfer, stating the date of transfer, and identifying the party to whom the transfer shall be made. Following receipt of the Notice to Transfer, County shall inspect the improvements required under the terms of this Agreement to determine whether the improvements have been completed. If the improvements have not been completed, the Property Owner and/or Operator shall either complete the improvements or post collateral equal to the cost of the completion of the improvements, if such collateral is not in place. If collateral is available at the time, County shall hold a hearing 18 of 22 M:VPLANNING — DEVELOPMENT REVIEW\ -2012 Planning Referrals\USRI2\USR12-0075 Plains Tampa Truck unloading facilityUmprovements Agreement\ Plains Marketing LP -Tampa Site (MINF12-0075) Part 2 -Weld County Provisions - Final IA 2013 (7-9- 13).docx 3953811 Pages: 20 of 24 08/06/2013 11:38 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIIIKIPAINNIt ICl tw4tihe skII to determine whether the collateral should be called upon to pay County or a contractor of the County to complete the improvements. County shall also inspect the road(s) which are covered by this Agreement to assess the current condition of the road(s) and determine whether Operator and/or Property Owner would be required to perform road maintenance within the following twelve months had the Agreement not been assigned. If road maintenance is, in the opinion of County, required, Property Owner and/or Operator shall be required to either perform the road maintenance or to post collateral equal to the cost of said maintenance. County shall not execute a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR12-0075 with a successor Property Owner and/or Operator prior to the performance of the road maintenance or the posting of collateral for said maintenance, unless the new Property Owner and/or Operator posts collateral for the required maintenance. 3.0 Consequence of Termination by Cessation of Permit Related Activities: Following County's confirmation that Property Owner and/or Operator has/have ceased all permit related activities and has/have completed previously uncompleted Improvements and or completed any required road maintenance, County shall release Property Owner and/or Operator from all further obligations under this Agreement. No Further permit related activities shall be permitted unless and until approved by County following execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR12-0075 with a Property Owner and Operator. 4.0 Consequence of Termination by Execution of Replacement Improvements Agreement: Following County's execution of an Improvements Agreement According to Policy Regarding Collateral for Improvements — USR12-0075 with a successor Property Owner and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights and/or obligations under this Agreement or in USR12-0075. 5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that activities related to USR12-0075 cease as a result of the revocation of the permit as described in Section E.11.0 of this Agreement, neither Property Owner nor Operator will be released from any of the obligations imposed by the terms of this Agreement only after Property Owner's successful completion of all improvements required under this Agreement or after County accesses the collateral to the extent necessary to complete improvements County, in its sole discretion, deems necessary to preserve public interests. G. 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. H. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which the County believes constitute violation. Property Owner shall have thirty (30) days within which to either cure the violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in 19 of 22 M:\PLANNING —DEVELOPMENT REVIEW\ 2012 Planning Referrals \USR12\USR12-0075 Plains Tampa Truck unloading facility\Improvements Agreement\Plains Marketing LP -Tampa site (MINF12-0075) Part 2 -Weld County Provisions - Final IA 2013 (7.9- 13).docx 3953811 Pages: 21 of 24 08/06/2013 11:38 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III M!�ta�l14 Pu!: M 4'�ti� t !JAI .' M�'liw�ft�44M'I i�lYl h ®III I good faith that a violation of the terms and conditions of this Agreement still exists (despite cure), County may enforce by any legal means, including, but not limited to, legal action for equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral (if applicable), and/or administrative action of the County to suspend or revoke the underlying land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld County Code. Violations of the terms and conditions of this Agreement include, but are not limited to, violations of the agreements Property Owner must enter into as required by this Agreement, and/or failure to enter into such agreements in a timely manner. I. 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. J. 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, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 3953811 Pages: 22 of 24 08/06/2013 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®��Pa1� Pew ��4h°iNSRWeTI��Fi�IP�`�hR1;�ih�rh !R OOI 20 of 22 M:\PLANNING -DEVELOPMENT REVIEW\ -2012 Planning Referrals \USRI2\USRI2-0075 Plains Tampa Truck unloading facility\ Improvements Agreement\Plains Marketing LP -Tampa Site (MINF12-0075) Part 2 -Weld County Provisions - Final IA 2013 (7.9- I3).doex 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) \/o STATE OF GQLORADOte-u1S County of Weld 141R.14.5 ) ) ) I C--t2ty, w A -L- s LUCINDA BETHCgRVANTES My Commission Expires ' July 12. 2015 The foregoing instrument was acknowledged before me this ftp day of Jai , 2013, by SOkVL KE-Ffe✓ ,• WITNESS my hand and official se My commission Expires: SIGNATURE PRINTED NAME TITLE (If Applicable) STATE OF COLORADO ) ) ss. County of Weld ) The foregoing instrument was acknowledged before me this _ day of _ 2013, by WITNESS my hand and official seal. Notary Public My commission Expires: 21 of 22 M:\PLANNING— DEVELOPMENT REVIEW\ -2012 Planning Referrals\USR12\USR12-0075 Plains Tampa Truck unloading facility\lmprovements Agreement\Plains Marketing LP -Tampa Site (MINF12-0075) Part 2 -Weld County Provisions - Final IA 2013 (7.9- 13).does 3953811 Pages: 23 of 24 08/06/2013 11:38 AM R Fee:$0.00 Steve Morena, Clerk and Recorder, Weld County, CO ilu �4rjI�n R !� N�°�'I�ItN��k�G�� 1R��FiKa�mY v1 ®1111 LESSEE: SIGNATURE PRINTED NAME _ TITLE STATE OF COLORADO SS. County of Weld The foregoing instrument was acknowledged before me this _ day of 2013, by WITNESS my hand and official seal. Notary Public My commission Expires: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO A11bST: Weld County Clerk to the Board BY: Deputy Clerk t e Board APPROVED AS TO FO William unty Attorney 22 of 22 M:\PLANNING— DEVELOPMENT REVIEW \--2012 Planning Referrals\USRI2\USR12.0075 Plains Tampa Truck unloading facilityMmprovements Agreement\Plains Marketing LP -Tampa Site (MINFI2-0075) Part 2 -Weld County Provisions - Final IA 2013 (7.9- l3).docx Garcia, Chair JUL 2 2 2013 3953811 Pages: 24 of 24 08/06/2013 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III Ili III III d©�� /6' es MEMORANDUM July 18, 2013 TO: Board of County Commissioners FR: Richard Hastings, Compliance Analyst & Construction Inspector Stephanie Arries, Assistant Weld County Attorney RE: Approval of Improvements Agreement Plains Marketing, LP (USR 12-0075) Plains Marketing, LP has executed the Improvements Agreement required pursuant to the approval of USR 12-0075, and has provided a bond as collateral for the performance of the improvements described in that Agreement. The USR was approved for a mineral resource development facility involved in the storage and transloading of petroleum products from pipelines to railroad(s), trucks, and other pipelines. The Improvements Agreement was reviewed by the Weld County Department of Public Works prior to and following the execution of the Agreement by Plains Marketing, LP, and staff found it to address all required improvements and to be in all ways acceptable. The Weld County Attorney's Office worked with officers of Plains Marketing, LP and with the bond company they selected to post collateral and staff is satisfied that the bond provided protects the interests of Weld County. The bond in the amount of Three Million Six Hundred Eight Thousand Eight Hundred Seventy -Seven and No/100 Dollars ($3,608,877.00), covering all on -site and off -site improvements is provided with this Agreement. Plains Marketing, LP expects to begin the improvements immediately, and has been addressing preliminary construction matters during the preceding two weeks. Construction is expected to be completed within the next three-four months. Following a positive inspection and acceptance of the construction improvements,the warranty collateral will replace this bond, (as stated in the terms of the bond). ;eh @ -1885 BOND NO. RLB0015229 PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRESENTS, that Plains Marketing, L.P., 333 Clay Street, Suite 1600, Houston, Texas 77002, a limited partnership, organized under the laws of the State of Delaware, with its principal office located at 333 Clay Street, Suite 1600, Houston, Texas 77002, hereinafter called "Principal", and RLI Insurance Company, of 8 Greenway Plaza, Suite 400, Houston, Texas 77046, hereinafter called "Surety", are held and firmly bound unto Board of County Commissioners of Weld County, Colorado, 1150 "0" Street, Greeley, Colorado 80631, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the full and penal sum of Three Million Six Hundred Eight Thousand Eight Hundred Seventy Seven and No/100 Dollars ($3,608,877.00), lawful money of the United States for the payment of which well and truly made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above -bound Principal has obtained or is about to obtain from the Obligee a land use permit, namely USR12-0075, and pursuant to the requirements of said permit, has entered into an Improvements Agreement, dated , (the "Agreement") with Obligee, and WHEREAS, The Improvements Agreement requires Principal to obtain a performance bond in an amount equal to the total cost of the improvements for which Principal is responsible and naming Obligee as beneficiary, and WHEREAS, the value of improvements for which Principal is responsible equals Three Million Six Hundred Eight Thousand Eight Hundred Seventy Seven and No/100 Dollars ($3,608,877.00), and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set forth in the Improvements Agreement, and if Principal shall satisfy all claims and demands set forth in said agreement, and shall fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of Principal's failure to perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee may incur in making good any default, then this obligation shall be null and void; PROVIDED FURTHER, that if Principal shall default in any of its obligations set forth in the Improvements Agreement, and thereafter fail to fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of said default, this obligation shall remain in full force and effect; PROVIDED FURTHER, regardless of the number of years this Bond is in force, or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider; PROVIDED FURTHER, at the completion of construction of all off -site and on -site improvements required by the Agreement and following acceptance of said on -site and off -site improvements, pursuant to the terms of the Agreement (particularly Parts E.6 through E.8.), the amount of this Bond shall be reduced, by rider to be signed by all parties hereto, to 15% of the original amount. Thereafter, and throughout the Warranty Collateral phase (as defined in the Agreement), the Bond shall be maintained at that reduced amount. PROVIDED FURTHER, that Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvements Agreement to the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew annually automatically, from the date of this bond until its release by Obligee, to guarantee that Principal shall well, truly and faithfully perform its duties, and all of the undertakings, covenants, terms, and conditions set forth in the Improvements Agreement, and any extensions thereof which may be granted by Obligee with or without notice to Surety. The parties to this Performance Bond acknowledge that through the Improvements Agreement, Obligee reserves the right to require Principal to obtain a different Performance Bond from a financial institution other than Surety in the event that the rating of Surety by AM Best falls below a B+ rating. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 16th day of July, 2013. (SEAL) Pri cipa ecret Plains Marketing, L.P. By: Plains GP LLC, Its General Partner Princip By: ry/Witness (Printed Name & Title) LUCINDA SETH CERVAN T E : My Commission Expires July 12, 2015 RLI Insurance Company Surety By: Witness as to Surety Greg E. 8 Greenway Plaza, Address Houston, TX 77046 Address Suite 400 8 Greenway Plaza, Suite 400 Address Houston, TX 77046 Address ilson, Attorney -in -Fact Board of County Commissioners of Weld County, Colorado Obligee By: (Printed Name & Title) IMPORTANT: Surety company executing bond must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. Bond must be accompanied with Attorney -in Fact's authority from the surety company certified to include the date of the bond. RLI RLI Surety A CINs/on of RLI Insurance Company Know All Men by These Presents: RLB0015229 POWER OF ATTORNEY RLI Insurance Company That the RLI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: GREG E. CHILSON in the City of HOUSTON State of TEXAS as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: $3,608,877.00 Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail and surety and fidelity bonds. Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise and settle any and all claims or demands made or existing against said Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of ELI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings., Powers -of -Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its PRESIDENT with its corporate seal affixed this ATTEST: CORPORATE SECRETARY ) SS County of Peoria ''Turn in RLI INSURANCE COMPANY PRESIDENT. Slate of Illinois On this 16day of July 2013 before me, a Notary Public, personally appeared Michael J. Stone and Jean M. Stephenson who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said ELI INSURANCE COMPANY, and acknowledged said instrument to be the voluntary act and deed of said corporation. "OFFICIAL SEAL" NOTARY PUBLIC JACQUELINE M. BOCKLER STATE OF L" °I5 COMMISSION EXPIRES 03/01/14 SPA026 (02/08) EXHIBIT A - Cost Sheet (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: Plains Marketing LP (Tampa Site) Filing/Case II: USR12-0075 Location: Sec 17, T2N, R63W of 6th P.M. Personnel Contact: Name Title Phone Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. Improvements (Leave spaces blank where they do not apply) (OFF -SITE) Ouantitv Units Unit Costs 1$) Estimated Construction Cost (t Site Grading Street Grading 6.790 CY $18 $122,200 Street Base 12,000 CY $50 $600,000 Street Paving 14,984 TON $90 $1,348,560 Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities 300 CY $200 $60,000 Retention / Detention Ponds Road Culvert 745 LF $150 $111,750 Grass Lined Swale Ditch Improvements 30,600 LF $2.00 $15,400 Subsurface Drainage Sanitary Sewers/Sewage Facilities Entrance/Access Improvements 12 EA $5,000 $60,000 Erosion Control Measures/BMP's LS $30,000 $30,000 Road Maint. Collateral (per Sec. E.-7.5) Dust Control (per Sec. E.-7.5.2) 23,950 GAL $1.00 $23,950 Water Supply 1 LS $400,000 $400,000 Fire Hydrants Survey, Street Monuments/Boxes LS $32,307 $32,307 Parking Area Street Lighting Street Names Signage & Pavement Marking 1 LS $25,230 $25,230 Fencing Requirements Landscaping (Seeding, Trees, etc.) 10 ACRE $900 $9,000 Park Improvements SUB -TOTAL: $2,838,397 Engineering and Supervision Costs $ 60,000 (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 2,898,397 EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant Date , 20 By: Title Plain Marketing, LA Wins fPLW Applica Title Date .\n)L'- 1 to, , 20 1 S Name of Subdivision, PUD, USR, RE, SPR: Personnel Contact: Name _ EXHIBIT A -Cost Sheet Plains Marketing LP (Tampa Site) ON -SITE) Filing/Case #: USR12-0075 Location: Section 17, T2N, R63W Title of the 6th P.M. Phone ingto be legally bound the undersigned Applicant hereby a rees to provide through out thisfacility the following improvements. Improvements (Leave spaces blank where they do not apply) (ON -SITE) Quantity Units Unit Costs ($I Estimated Construction Cost rs) Site Grading 200,000 CY $2.50 $500,000 Street Grading Street Base Street Paving Entrance Improvements (Per Sec. E.-7.2) 200 TON $100 $20,000 Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities 1,660 LF $78 $129,480 Retention / Detention Ponds 1 EA $15,000 $15,000 Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Water Supply Erosion Control Measures/BMP's 1 LS $10,000 $10,000 Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping (Seeding, Trees, etc.) 80 ACRE $350 $26,000 Park Improvements SUB -TOTAL: $702,480 Engineering and Supervision Costs $ 8,000 (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ $710,480 EXHIBIT A CEQS Sheet ( 11 I7E 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 Date , 20 Title Mains Marketing, L.P. By: Applic V C- '1-12--e--Si 1 G12--ty y Date t y l L , 20 A 3 Title EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: Plains Marketing LP (Tampa Site) Filing/Case #: USR12-0075 Location: Section 17, T2N, R63W of the 6th P.M. Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within 2 years from the date of approval of the final plat. Construction of the umprovements listed in Exhibit A shall be completed as follows: Improvements (Leave spaces blank where they do not apply ) Time Schedule Site Grading APRIL -AUGUST 2013 Street Grading JUNE -JULY 2013 Street Base JUNE -JULY 2013 Street Paving JULY -AUGUST 2013 Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities APRIL -AUGUST 2013 JUNE -JULY 2013 Retention / Detention Ponds APRIL -AUGUST 2013 Road Culvert JUNE -JULY 2013 Grass Lined Swale Ditch Improvements JULY -AUGUST 2013 Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's APRIL -AUGUST 2013 JUNE -SEPTEMBER 2013 Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes JUNE -JULY 2013 Parking Area Street Lighting Street Names Signage & Pavement Marking AUGUST -SEPTEMBER 2013 Fencing Requirements Landscaping AUGUST -SEPTEMBER 2013 Park Improvements Telephone Gas Electric Water Transfer Final Completion Date for Entire Project SEPTEMBER 2013 SEPTEMBER 2013 EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Date , 20 By: Title Applic Title �i cc�Zc 5,1>c lC n-N)v1 wS Plains Marketing, L.P. P er Date k tv , 20 Hello