HomeMy WebLinkAbout20130322.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, USR11-0015 - A. C.
TRUCKING, LLC, CIO ELISEO ALCANTAR
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on December 7, 2011, the Weld County Board of Commissioners approved
a Use by Special Review Permit, USR11-0015, for A. C. Trucking, LLC, 15294 County Road 20,
Fort Lupton, Colorado 80621, for an Oil and Gas Support Facility (water hauling, construction
and excavating company) on the following described real estate, to -wit:
Lot A of Recorded Exemption #2609; being part of
the E1/2 NW1/4 of Section 22, Township 2 North,
Range 66 West of 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 A. C. Trucking, LLC, c/o Eliseo Alcantar, with terms and
conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Business Check #3069 drawn on First
National Bank, in the amount of $2,400.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Business Check 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 A. C. Trucking, LLC, do Eliseo Alcantar,
be, and hereby is, approved.
BE IT FURTHER RESOLVED that Business Check #3069 drawn on First National Bank,
in the amount of $2,400.00, be and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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Steve VIII!!!�1R'7Moreno,
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2013-0322
PL2142
IMPROVEMENTS AGREEMENT - A. C. TRUCKING, LLC, CIO ELISEO ALCANTAR
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of January, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CO 1NIT , COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk
APP
ounty Attorney
Date of signatureFEB 1 2 2013
William F. Garcia, Chair
can. Conway
aTult� 1te
ike Freeman
arbara Kirkmeyer
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Steve Moreno; Clerk and Recorder. WeldvCounty, CO
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2013-0322
PL2142
MEMORANDUM
TO: Clerk to the Board
DATE: 1/28/2013
FROM: Richard Hastings, Public Works Department
SUBJECT: BOCC Agenda Item - Approve Improvements
Agreement and Accept Collateral For:
A.C. Trucking, LLC- (USR11-0015)
Request for Approval of Improvements Agreement:
The Department of Public Works received a request from the applicant, Eliseo Alcantar
requesting that the Board of County Commissioners consider approving the Improvements
Agreement for the Oil and Gas Support and Service Facility — Water Hauling, Construction and
Excavating Company (USRI 1-0015), located on CR's 20 & 31, northeast of the city of Fort
Lupton.
Weld County Public Works Department reviewed the above -mentioned signed original document
and observed the following:
• All Public Works related items, of the "Improvements Agreement According To Policy
Regarding Collateral For Improvements", are found to be acceptable.
Request for Acceptance of Collateral:
The Department of Public Works received a request from the applicant, Eliseo Alcantar requesting
that the Board of County Commissioners consider accepting collateral in the form of a Company
Check — First National Bank in the amount of $2,400.00, for the above -mentioned Improvements
Agreement.
Recommendation:
The Department's of Public Works and Planning Services are recommending approval of the
Improvements Agreement According To Policy Regarding Collateral For Improvements and the
acceptance of collateral, in the amount of $2,400.00 for A.C. Trucking, LLC - (USR11-0015).
pc: Heidi Hansen, Public Works
Kim Ogle, Planning Services
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2013-0322
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
A.C. Trucking, LLC — USR11-0015
Part 1: Site Specific Provisions
THIS AGREEMENT, made and entered into this 'd4 day of TAnurbl/ , /3 ,
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and A.C. Trucking, LLC, C/O Eliseo Alcantar,
hereinafter called "Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lot A of Recorded Exemption, RE -2609; located in part of the E2NW4 of Section
22, Township 2 North, Range 66 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 Oil and Gas Support and
Service Facility (Water Hauling, Construction and Excavating Company) on approximately 3
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 (USR11-0015), and
WHEREAS, the Property Owner acknowledges that the issuance of USR11-0015 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 USR11-0015 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 USR11-0015 within three (3) years of the
approval of the permit issued under USR11-0015, may result in the revocation of USR11-0015,
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 USRI1-0015, upon consideration and order of the Board of County
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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 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 20: The Property Owner shall be responsible for the
construction of certain on -site and off -site safety improvements, which shall include:
construction of adequate turning radii of sixty (60) feet at the main entrances and exits which
extend partially into CR 20 right-of-way (ROW), drainage and signage installations, as indicated
on the accepted Construction Plans. Granting of any new point of access may generate additional
obligations with County for Off -Site Improvements and the need to post additional "Road
Maintenance Collateral". A County access permit is needed for every access to a County road.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements, as specified above in Section A.1_0, on CR 20 and for any
construction improvements mandated by the County, and for all expenses associated therewith.
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.
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. These Plans, when reviewed and accepted by the Weld County Engineer,
shall be a part of the Plans, which are a part of this Agreement. 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.
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.
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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".
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: If site generated tracking occurs on CR 20, the main
entrance improvements will include a double cattle guard set (one right after the other), placed
back to back across the entire width of the roadway, to ensure a complete revolution of the truck
tires in order minimize the tracking of mud and debris onto the adjacent County road. Future
improvements to the haul route(s) may be required by County. Property Owner shall address all
County 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 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 or County regulations in place at the time the improvement project is initiated.
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 1-2 until the occurrence of the triggering event for each improvement,
namely the application for the Grading Permit, Building Permit or Right -Of -Way access permit
or the commencement of activities on the property(s). 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
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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 Paragraphs E.6.0, sections 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:
1.0 Established Haul Routes:
1.1
Exiting or entering the site: Haul trucks shall enter or exit the site at the
approved access onto CR 20. Haul trucks will travel east or west on CR 20
to disperse further in any direction.
1.2 No haul truck 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, trucks 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 Paragraph 4.0 of this
Section B. In the event that haul truck traffic, in excess of 15% of the daily
facility truck trips, utilizes alternate haul routes, the provisions of
Paragraph 4.0 of this Section B shall be triggered.
2.0 Haul Route Signage: Property Owner shall install haul route signs 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 truck
circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved
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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 truck 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 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's site activities and/or should Property Owner's truck
circulation patterns change in the future so that County approves an alternate haul route, and all
or a significant portion of Property Owner's sourced traffic no longer utilizes the above -
described haul route and instead utilizes other portions of County roads, Property Owner 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.
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).
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 in writing
that the Off -Site Improvements/Repairs shall be undertaken. Within ninety
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(90) days of its receipt of County's notice of the need to undertake the
road maintenance repairs and/or improvements, Property Owner shall
submit Off -Site Construction Plans and Cost Estimates to County for
review. Property Owner shall have sole responsibility for the completion
of the repairs and/or improvements on or before December 15 of the year
following County's notice of the need for repairs.
In County's sole discretion, County may undertake the repairs and/or
improvements. Property Owner's payment for its Proportionate Share of
the road repairs/improvements will be calculated as determined in
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 Truck Trip ESAL Counts using then current data of truck 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 Paragraph C.1
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 lo comply with this Agreement
shall be considered grounds for setting a probable cause hearing according to the procedures
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described in Section 2-4-40 of Weld County Code. Revocation of USR11-0015 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 USR11-0015 plat map. Specifically, Property Owner shall at its
own expense, plant, install and/or maintain all grass and other landscaping and re -seeding where
applicable as shown on the accepted Construction Plans and USR11-0015 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 USR11-0015 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 Depait,nent
of Public Works and Department of Planning Services, as further described in the accepted
Construction Plans and USR11-0015 Plat Map. The main entrance improvements will include;
construction of adequate turning radii at the main site entrances onto CR 20, an appropriately
sized drainage culverts, and if debris tracking occurs onto CR 20, a double cattle guard set (one
right after the other) across the entire width of the roadway, to ensure a complete revolution of
the truck tires to minimize the tracking of mud and debris onto CR 20. 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
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and the Weld County Department of Public Works and request an inspection of the on -site
improvements described in Paragraph D.1.0 and D.2.0 above. The County's representatives may
then initiate the process for "Acceptance of Improvements" set forth in Paragraphs E.6.0,
sections 6.1-6.3.
"End of Part I"
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IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
A.C. Trucking, LLC — USR11-0015
Part 2: General Provisions
E. 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 -way 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 USR11-0015 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.
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.
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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: To the extent allowed by law, each party to this Agreement
(the "Indemnifying Party") shall indemnify and hold harmless the other party (the "Indemnified
Party") from any and all liability, loss and damage the Indemnified Party may suffer as a result
of all suits, actions or claims of every nature and description caused by, arising from, or on
account of the negligent or intentional act of the Indemnifying Party or its officers, agents,
employees, except for the liability, loss, or damage arising from the negligent or intentional act
of the Indemnified Party. All contractors and other employees engaged by Applicant and County
in construction of the On -Site and Off -Site 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. The obligations of the Applicant under this paragraph shall not extend to any
judgments against County which are in excess of the limitations on liability set forth in the
Colorado Government Immunity Act, C.R.S. Section 24-10-101, et. seq., to the maximum extent
that such limitations or liability are applicable.
5.0 Warranty of On -Site and Off -Site Improvements: Property Owner shall warranty
all improvements to public rights -of -way, (if 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
to the schedule shown on Exhibit "B," but such use and operation shall
not, alone, constitute an acceptance of said portions of the improvements.
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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
Paragraph 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 Paragraph 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
written recommendation from the County Engineer and/or the Departulent
of Planning Services for acceptance of improvements within the USR, the
Board of County Commissioners shall fully accept said improvements.
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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
USR11-0015 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 Paragraph 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
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
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Steve Moreno. Clerk and Recorder, Weld County: CO
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Collateral was initially submitted, Road Maintenance Collateral shall be
submitted at the time of approval for this Agreement or at such time that
approved USR 11-0015 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
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 -
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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 USR11-0015 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 LETTER 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,
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
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Steve Moreno Clerk and Recorder. Weld County, CO
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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 13+ 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
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
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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 o f the warranty period upon final
written acceptance by the Board of County Commissioners.
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
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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 Paragraphs 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 USR11-
0015 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
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 — USR11-0015 by New Property Owner:
This Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR11-0015
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Dui IMEEIZIOVIONIVilekikiii nrinhYliyi, dill
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 — USR11-0015 by New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR11-0015
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
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 — USR11-0015 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.
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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 — USR11-0015 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 — USRI 1-0015 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 USR11-0015.
5.0 Consequence of Termination Pursuant to Paragraph E.11.0: In the event that
activities related to USR11-0015 cease as a result of the revocation of the permit as described in
Paragraph 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
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
19 of 22
M:\PIANNING — DEVELOPMENT REVIEW\ -2011 Planning Referrals\I1SR1 I\USRI 1-0015 AC Trucking\improvements Agreement\Part 2 -
Weld County Provisions -IMPROVEMENTS AGREEMENT- 2012 (12-3-12) (3).docx
3909774 Pages: 21 of 29
02/13/2013 10:42 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County. CO
4�,1}+dPtyR4tl�ffINIll III
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.
3909774 Pages: 22 of 29
02/13/2013 10:42 RM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III I dLrr&riIS'i 11F, VINO VIACRiliNi, ■I III
20 of 22
M:\PLANNING—DEVELOPMENT REVIEW\ -2011 Planning Referrals \USR11\USRI 1-0015 AC Trucking\Improvements Agreement\Part2-
Weld County Provisions -IMPROVEMENTS AGREEMENT- 2012 (12-3-12) (3).doex
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY
OWNER:
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MLL OF
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SIGNATURE
n
V,
PRINTED NAME � C, TfL U4'\Y1 ef 1_ L C
TITLE (If Other Than Property Owner)
PROPERTY
OWNER/LESSEE:
SIGNATURE
PRINTED NAME �1ic
0 AIV cn If
TITLE (If Other Than Property Owner)
STATE OF COLORADO
SS.
County of Weld
The foregoing instrument was acknowledged before me this )t/ day of ainuuril
2O11,by Elt9'i-)A(C4tletr 071Ili_
WITNESS my hand and official seal.
My commission Expires:
//13/1v
MICHELLE OSWALD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20034028692
MY COMMISSION EXPIRES DEC. 13, 2016
ATTEST:
Clerk
By:
Z -flit.
o the Board
Deputy Cle to the Board
M:\PLANNING - DEVELOPMENT REVIEW\ -201 I PI
Weld County Provisions -IMPROVEMENTS A(IREEM
cCd
Notary `Public
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
1.3
William Garcia, Chair
JAN 3 0 2013
15 AC Trucking AImprovements AgreementAPart 2-
c/3 - o3�a
EXHIBIT A - Cost Sheet (OFF -SITE)
Name of Subdivision, PUD F„ SPR:
Personnel Contact: Name t2 1
Intending to be legally bound, the undersigtted Appli
Filing/Casc#: Location: C_kts %J�j m9-6^�
Phone lf7�yS--1�,1
Title a Lu N e
Improvements
(Leave spaces blank where they do not apply)
(OFF -SITE
Quantity
Units
Unit Costs ($)
Estimated Construction
Cost Ni
Site Grading
Street Grading
Street Base
Street Paving
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Entrance/Access Improvements
Erosion Control Measures/BMP's
Road Maint. Collateral (per Sec. E.-7.5)
�
--'Q
Dust Control (per Sec. E: 7.5.2)
1'V
Water Supply
Fire Hydrants
Survey, Street Monuments/I3oxes
Parking Area
Street Lighting
Street Names
Signage & Pavement Marking
Fencing Requirements
Landscaping (Seeding, Trees, etc.)
Park Improvements
iii
GountY is
�Na:aw h
3909774 Pages: 24 of 29
42 RM R Fee$0.00
02/13/2@13
Steve Morenoill erk and Recorder, Weld
im iA,r
Dui wr.ittrivii,n �, iiiiiiR
SUB -TOTAL:
s 1
`r
-
'Yt
t
'4..!: ;
•
Engineering and Supervision Costs $
(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 $
Oon
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: Fitszm
Applicant
octn:r
Title
By:
Applicant
Title
3909774 Pages: 25 of 29
02/13/2013 10:42 AM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
VIII PVJE QPP ''I ?F 44 ligl II III
Date I" c2 4 , 20 13
Date , 20 _
Weld County Government
Department of Planning Services
1555 N17th Ave
Greeley, CO 80631
(970) 353-6100
�1
ENGINEER CERTIFICATION
' ,11#..5 hRcjr ,2 , a certified Colorado professional engineer with expertise
"structural n" based gttin
design", upon my on -site inspection, review of plans and/or calculations submitted, or to be
submitted, and my own calculations, hereby certify that the certain structure intended for use as (describe
structure): 37'k60"x 17 POLE 1=(mE ten, 'ma -for ProiooseA OF FicE c SHo,P
W j174 40.4 REST Roon'!,
located at (job site address): /C,2 it- CR a0 has
been constructed in conformance 'th all
applicable building codes of Weld County. (Ex ; 5->j7i gti ; U') 20 f F SNovi LoAt
d1Pw Ex'? G kind At
�iSk CArEroP 21
Enclosed are lists of corrections that need to be completed before the structure can comply with all
applicable building codes of Weld County.
-OR-
Name of Engineer and/or Firm HI fLA ii\)S ENoiNEER/NG r DES I6A/
Address 71I ill/ 5f/d t T/ 514 D
City Ann- 1.4.4/aMIJ State Co ZipCode 3O6,2/
Phone Number 303 - Ss7- Sato
ENGINEER SEAL
090774 29
02//13/2013 10:42 Pages: 26 of
RMR Fee:$0.00
Steve Moreno. Clerk and Recorder.. Weld County, CO
Ell FRIhilRgIN,R�G�,'IwNAWL!,all WISiIII III
Page 2
Weld County Government
Department of Planning Services
1555 N 17th Ave
Greeley, CO 80631
,(970)353-6100
ENGINEER CERTIFICATION
I, —>e7/1" 5 MRonfE& , a certified Colorado professional engineer with expertise in
"structural design", based upon my on -site inspection, review of plans and/or calculations submitted, or to be
submitted, and my own calculations, hereby certify that the certain structure intended for use a (describe
structure): 37'kco' x /7 POLE r1 nE .'emu cDlµG For p�000se2 o%FicE £ Si -i01°
W KTN MA PEST Rood,k
located at (job site address): /3-c2 9 4- Cg ac has
been constructed in conformance 'with all
applicable building codes of Weld County. (Ex 5-1j„, 8.4 ; ,bl n) 20 p'sF SNoW Lo,4 t
OR t 5 ,NPtu Ex?.C Alt Lay gi 5k CArftoRY7L
Enclosed are lists of corrections that need to be completed before the structure can comply with all
applicable building codes of Weld County.
Name of Engineer and/or Firm MyI1 ftAtfJ5 Et6iNEERtN6 ? DEsia"
Address 7;/ ill/ 5rPFt %/ 514;7-E D
City roger Lu?Tonl State Co
Phone Number 303 - 857- ? 2to
ENGINEER SEAL
3909774 Pages: 27 of 29
02/13/2013 10:42 RM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
nilM�f1�1���ti�
Page 2
Zlp Code Boca %
Weld County Government
Department of Planning Services
1555 N17th Ave
Greeley, CO 80631
(970) 353-6100
/ ENGINEER CERTIFICATION
i; I "a�%-cHRo,4 ,& , a certified Colorado professional engineer with expertise in
"structural design", based upon my on -site inspection, review of plans and/or calculations submitted, or to be
submitted, and my own calculations, hereby certify that the certain structure intended for use as (describe
structure): 37'xao'x /), PoLE F/zamE tawc.Dfr1G for pr000seA oFFIcE 43 H
W rm 40A fFs?Roon'i,
located at (job site address): /5",2,4- Cg a0 has
been constructed in conformance 'th all
applicable building codes of Weld County. Ex t sfri $k U,) zo ptcmaw LoAL
actin ExP.C LV'rd Latli
RI sk cArncoPY7l
Enclosed are lists of corrections that need to be completed before the structure can comply with all
applicable building codes of Weld County.
-OR-
Name of Engineer and/or Firm /./29/, FLAWS EN0WEERI N6 ?' DES lG/✓
Address %7/ fill SIPEzT/ S11TE D
City foRT Lu(Ton1 state Co Zap Code gc6.7/
Phone Number 3o3 — 857- 9aff6
ENGINEER SEAL
3909774 Pages: 28 of 29
02/13/2013 10:42 RM R Fee:$0.00
Steve Moreno.. Clerk and Recorder, Weld County, CO
11 111
Page 2
Weld County Government
Department of Planning Services
1555 N17th Ave
Greeley, CO 80631
(970) 353-6100
ENGINEER CERTIFICATION
4
I 07#. 5`NRork, , a certified Colorado professional engineer with expertise in
"structural design", based upon my on -site inspection, review of plans and/or calculations submitted, or to be
submitted, and my own calculations, hereby certify that the certain structure intended for use as (describe
structure): 37''s C91x J,1' poLE /=(LIME t3tiit..DtiV r Pro1ooseA o(=FicE E SHon
W 1174 ArtM RESTRoorl?,
located at (job site address): /SG? 4- cR aO
has
been constructed in conformance 'th all
applicable building codes of Weld County. (Ex I 5-A-1, Sul U' ) 2O ptFSNouiLoAD
-OR- 85-inew Ex,. G w,� Latt
R, s)c CArrcoR/.7Z
Enclosed are lists of corrections that need to be completed before the structure can comply with all
applicable building codes of Weld County.
Name of Engineer and/or Firm M y i1 PLA'tJ S ENaiNEER/NG ? DES IG/✓
Address 7a/ 1111 st/1FET, sii ire D
City Finer LutTo,J State Co ZipCode 806d/
Phone Number 303 - 857- no
ENGINEER SEAL
Pages: 29 of 0 00
0209774 Pn R Fee'.$ Weld ttc�ou''1n1 County, Co``..``, II
Steve Morreno 10:42 Clerk and Reco'er,�Wetd,iounty , CO i' n It
WilifiliiI4
Page 2
8226/1070
A C TRUCKING LLC
PO BOX 489
FORT LUPTON, CO 80621
0 First National Bank
USA(80D) 482-7771
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MEMO af4 !IL
3069
3069
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