HomeMy WebLinkAbout20123006.tiff MINOR SUBDIVISION
FINAL PLAT
BIG THOMPSON INVESTMENT
HOLDINGS, LLC
AG
PRO
AGPROfessionals, LLC
4350 Hwy 66 Longmont CO 80504
(970) 535-9318
MINOR SUBDIVISION FINAL PLAN APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1 0 5 7 . 2 3 . 2 _ 0 0 . 0 6 6
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or,v.v.v.co..,,eld co.us)
(Include all lots being included in the application area.If additional space is required,attach an additional sheet)
Legal Description pt W2 Lot B RE 4914 , Section 43, Township `1 North, Range lk West
Property Address(If Applicable)
Existing Zone District: 1-3 Proposed Zone District: 1-3 Total Acreage: 94.6+/- Proposed #//Lots 9
Average Lot Size: 10+/-acres Minimum Lot Size:5 +1-acres Proposed Subdivision Name: LI el 9 �:,cn 1-7 kit,. -i " '-
FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: Big Thompson Investment Holdings, LLC
Work Phone# 970-797-2187 Home Phone# Email Address
Address: 1205 W Elizabeth St. PMB#134
City/State/Zip Code Ft. Collins, CO 80521
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: AGPROfessionals, LLC
Work Phone# 970-535-9318 Home Phone# Email Address tnaylor@agpros.com
Address: 4350 Hwy 66
City/State/Zip Code Longmont, CO 80504
UTILITIES: Water: CWCWD
Sewer: ISDS Septic Systems
Gas: Atmos Energy
Electric: Xcel Energy
Phone:
DISTRICTS: School: Weld RE 1
Fire: LaSalle Fire District
Post Office: Gilcrest
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the
signatory has the legal authority o-sign for the corporation.
«Q�j 89z„
ignature: O r or ut ori�Ed Agent Date Signature: Owner or Authorized Agent Date
-14-
WELD COUNTY ACCESS PERMIT
/4/oc0 ?
Weld County Public Works Dept. 3/k '' Phone: (970) 304-6496
-
1111 H Street - After Hours: (970) 356-4000
P.O. Box 758 -G IF O Co Emergency Services: (970) 304-6500 x 2700
Greeley, CO 80632 GB OQ� Inspection: (970) 304-6480
IC \N'
Permit Number: AP12-00008
Issuance of this permit binds applicant and its contractors to all requirements,provisions,and ordinances of Weld County, Colorado,
Project Name: Expiration date: 12/31/2012
Applicant Information: Property Owner Information:
Name: Mark Goldstein Name: ---- ----
Company: Big Thompson Investment Holdings LLC Company:
Phone: 970-797-2187 Phone:
Email: markgoldstein@goldsteinenterprisesinc.com Email:
Location: Proposed Use:
Access is on WCR: 44 Temporary:
Nearest Intersection WCR: 44 &WCR: Hwy 85 Single Residential:
Distance From Intersection: 1385 Industrial:
Number of Existing Accesses: 1 Small Commercial:
Planning Process: Other Change of Zone Oil&Gas.
Large Commercial:
Road Surface Type&Construction Information: Subdivision:
Road Surface: Gravel Field (Agricultural
Culvert Size&Type: Only)/Exempt:
Start Date: 02/01/2012 Finish Date: 03/01/2013
Materials to Construct Access: Gravel
Required Attached Documents Submitted: Access Pictures:
Traffic Control Plan: Yes Certificate of Insurance: Yes
A copy of this permit must be on site at all times during construction hours
Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK(applies to weekends if approved)
Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work
Special Requirements or Comments
The access on CR 44 is condittionally approved based upon the approved aggreement between the BOCC and the applicant for
the land swap for the Peckham grader station. The access points on CR 33 are existing.
Approved by:
.'7 0 Janet Carter, Weld County Public Works Date: 6/15/2012
Print Date-Time: 6/15/2012 9:42:57AM Report ID: PW00008v002 Page 1 of 1
MINOR SUBDIVISION NARRATIVE
Minor Subdivision Sketch Plan Narrative
For
Hickman Development Corporation
Sec. 24-3-50. Final Plat. C, D, E, G.
C. A description of the type of uses proposed for the minor subdivision.
The subdivision is located in the I-3 zone district and the uses within the minor subdivision
may include any use allowed by right in the 1-1, 1-2, and I-3 zone district as described in Sec. 23-
3-330. 1-3 (Industrial) Zone District
D. A summary of the concerns identified during the minor subdivision sketch plan application.
1. Written evidence of a water agreement will be required.
An agreement with Central Weld Water District is included in the final plat
application.
2. Written evidence that indicates that an effort was made to address the concerns of the
Colorado Geological Survey recommending that site specific geotechnical investigations
will be needed.
All new buildings will have a site specific geotechnical report prepared as
required by the Weld County Building Department. A note will be added to
the final plat on all lots with oil and gas wells and tank batteries indicating that
all buildings must maintain the oil and gas setback requirements.
3. Written evidence that a water supply report or statement of the summary of water rights
owned or controlled by the district has been provided to the Colorado Division of Natural
Resources.
A water supply report was mailed to the Colorado Division of Natural Resources
on August 7, 2012. A copy of the Division of-Natural Resources approval letter is
attached.
4. Address any Colorado Department of Transportation comments as stated in the June 19,
2012 email.
Future development beyond Phase I will be evaluated through the Site Plan
Review process and a determination of improvements will he conducted.
S. Ensure that the Recorded Exemption has been recorded prior to the final plan and that the
final plan accurately depicts the property line adjustment.
The Recorded Exemption plat has been approved by Planning Staff and will be
recorded upon receiving owner signature.
6. Surface use Agreements.
An oil and gas surface use agreement is being negotiated. The hard rock mineral
interests were purchased by BTIHas shown in the attached agreements.
7. Oil and Gas setbacks.
A note will be added to the final plat on all lots with oil and gas wells and tank
batteries indicating that all buildings must maintain the oil and gas
setback requirements. All setbacks will be shown on the plat.
8. Non-urban Development,
The subdivision is located in an urban development node and while this is an 1-3
zoned development, it is in a rural area with gravel collector roads and the
subdivision will maintain as much as possible the rural nature of the
surrounding area while attempting to conform to urban standards.
E. Total number of proposed lots.
The subdivision is proposing nine(9) lots with two outlots.
F. A description of the minor subdivision circulation system, including sidewalk width, road
width, type and depth of road surface, curb and gutter, valley pan, width and depth of barrow
ditches and vehicle parking arrangement.
The road system within the minor subdivision will be comprised of a single 2
lane improved gravel road running diagonally and connecting Weld County Road
33 to Weld County Road 44. A bridge at the Western Mutual Ditch has been
designed to meet HS25-44 traffic loading. The subdivision is not proposing
sidewalks or curb and gutter as the subdivision is located in a rural area
connected by Weld County Road 33 which is an improved gravel road and Weld County
Road 44 which is a paved road with no shoulder improvements such as curb and
gutter. The road will be a two lane improved gravel road designed with an
improved compacted sub-grade and a 10" base as recommended in the Pavement
Design Report from Soilogic and dated July 31, 2012. The Pavement Design
Report has been included in the application. The borrow ditch has been designed to be
on average 15' wide and 2' deep as shown on the grading plans and reported in
the Final Drainage Report. There will be no parking on the road.
G. A statement describing the ownership,function and maintenance of any school site, open
space or park within the proposed subdivision.
The ownership of Outlot 2, which is the drainage pond, will remain with Big Thompson
Investment Holdings, LLC and all maintenance of the drainage area will be provided by
Big Thompson Investment Holdings, LLC.
Sec. 24-3-60. Final Plat processing and review procedure,L 1-16.
L1. The property is in compliance with Chapter 23 of the Weld County Code as the minor
subdivision is located in the I-3 zone district and the described uses within the minor
subdivision are allowed in the I-3 zone district.
The application and the subdivision is also compliant with Chapter 24, Article III, Minor
Subdivision as the code allows for a residential, industrial or commercial subdivision
with a maximum of nine lots, excluding outlots, use the Minor Subdivision process. The
industrial subdivision is less than nine lots and there will be two outlots not for
residential, industrial or commercial purposes which meets the intent of the Code
L 2. The property is not prime agricultural land. Water is limited and the crop rows are short
and sectioned into small pieces. The property is zoned 1-3.
1.3. Provisions have been made for a public water supply as shown in the Can-serve letter
from Central Weld County Water District dated October 24, 2011 and the Division of
Water Resources review response dated August 8, 2012. The water system has been
designed by CWCWD to provide adequate fire flow as required by the
LaSalle Fire Protection District.
1.4. The lots will be served by engineer designed ISDS septic systems. The lots exceed the
minimum size requirements for septic systems. Engineered septic system permit
applications have been submitted to the WCDHE and approved. Copies of the approved
I.S.D.S. permits are included in the application.
1.5. There is no significant soil or topographical limitations within the subdivision as shown
in the Geology Report prepared by Soilogic, Inc. and dated October 24, 2011. A copy of
the Geology Report is included in the application.
1.6. All streets have been designed in accordance to the Standards of the Appendice 24-E and
the Pavement Design Report prepared by Soilogic, Inc. dated July31, 2012. A copy of
the Pavement Design Report is included in the application.
1.7. The off street and highway facilities are adequate in size and functional classification,
width and structural capacity to meet the traffic requirements as shown in the Traffic
Impact Study, Hickman Development prepared by Gene Coppola, P.E. dated May 24,
2012. See attached traffic study.
1.8. The covenants for the subdivision address construction, maintenance, snow
removal and other matters pertaining to or affecting the road and ROW are the
sole responsibility of the landowners within the subdivision.
1.9. The minor subdivision is not part of or contiguous with a previously recorded
subdivision or unincorporated town site.
1.10. There will be no on-street parking within the subdivision.
L11. Attached is the approved Weld County Access permit allowing for an access to
WCR 33 and WCR 44.
1.12. Attached is the approved Weld County Access permit allowing for an access to
WCR 33 and WCR 44.
1.13. The facility has adequate drainage and stormwater management as described in
the Final Drainage Report dated August 13, 2012.
1.14. The maximum number of lots will be 9 lots and 2 outlots, as shown on the final
plat.
1.15. The subdivision will not cause an unreasonable burden on the ability of local
governments or districts to provide fire and police protection or other services.
Sketch plan referrals were sent to the Town of LaSalle, the Town of Gilcrest,
Weld County Sheriff's Office and the LaSalle Fire Protection District. The
Department of Planning Services did not receive responses from the above listed
agencies indicating that they have no concerns with the subdivision or their ability
to provide services as needed.
I.16. The subdivision will not have an undue adverse effect on wildlife and its habitat,
as shown in the Sketch plan referral from Colorado Park and Wildlife dated June
12, 2012 indicating no concerns. The subdivision is located in the I-3 zone and is
not zoned agricultural and is not located in or on any historical sites.
AFFIDAVIT & CERTIFIED LIST OF
NAMES
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Property Legal Description: \) 1 Li x . ) : J L c / —
hC ?if R-1 1 1/
Parcel Number 1 0 5 7 . 2 3 . 2 _ 0 0 . 0 6 6
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or^r.,oi co:•:eld co us)
(Include all lots being included in the application area. If additional space is required,attach an additional sheet)
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true
and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld
County Assessor of the owners of property (the surface estate) within five hundred feet of the property being
considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task,
and shall be current as of a date no more than thirty days prior to the date the application is submitted to the
Department of Planning Services.
///,//
By: /'& Y I
Title: /Ir_ • ; _ . (; .
l
The foregoing instrument was subscribed and sworn to me this ( day of.4 b(::7 , dt.1
WITNESS my hand and official seal.
J\A A.
My Commission Expires: lI) -:)-)-(111(')I hI �.�` ��
NOTARY `.
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9th'•........... ' Notary Public
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-15-
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of
the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor
of the owners of the property (the surface estate)within 500 feet of the property being considered. This list was
compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,
http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld
County Assessor was assembled within thirty days of the applications submission date.
/
9 Signature
Date
Property Owners Within 500 ft. of Parcel# 105723200066
Account Parcel Owner Mailing Address '..
N4418586 105723000014 ANADARKO LAND CORP ATTN TRAVIS HOLLAND
PO BOX 173779
DENVER CO 802173779
R6777983 105723200065 BIG THOMPSON INVSNT 1205 W ELIZABETH ST
HOLDINGS LLC PMB No. 134
FORT COLLINS CO 80521
R6777984 105723200066 BIG THOMPSON INVSNT 1205 W ELIZABETH ST
HOLDINGS LLC PMB No. 134
FORT COLLINS CO 80521
R4419186 105723000042 CARLSON CLARENCE A 16894 CR 44
LA SALLE CO 80645
R0198793 105723000060 CARLSON CLARENCE A 16894 CR 44
LA SALLE CO 80645
R4419186 105723000042 CARLSON VIOLET JUNE
R0198793 105723000060 ! CARLSON VIOLET JUNE
R4418486 105723000014 CERVANTES JOSE 16474 CR 44
LASALLE CO 80645
R0087087 105714000059 DINNER ALBERT J 31.25%
R0087087 105714000059 ' DINNER DARA LISA 3.48%
R0087087 105714000059 DINNER ISAAC 1.72%
R0087087 105714000059 DINNER JESSE 1.74%
R0087087 105714000059 DINNER MELVIN 31.25% 1814 14 AVE
GREELEY CO 80631
R0087087 105714000059 DINNER WILLIAM M 3.48% _
R4411186 105722000007 GRAHAM DOUGLAS A 20595 COUNTY RD 33
LASALLE CO 80645
R1448302 105722400013 KILPATRICK GERALD F 20487 CR 33
LA SALLE CO 80645
R1448302 105722400013 KILPATRICK LYNETTE K
R4419286 105723000012 LONG JEREMY J 16166 CR 44
LA SALLE CO 80645-8729
Account Parcel Owner Mailing Address
R4419786 105723000048 MOSIER RUSSELL L 11776 COUNTY ROAD 42
PLATTEVILLE CO 80651
R1448402 105722400014 PEPPLER IRENE M
R1448402 105722400014 PEPPLER LEONARD G 15945 CR 42
LA SALLE CO 80645
R0169589 105723000056 PETROCCO FAMILY 14110 BRIGHTON RD
LIMITED PARTNERSHIP BRIGHTON CO 80601
R0140891 105723000057 RAMSEY BRENT 20430 COUNTY RD 33
LASALLE CO 80645
R0140891 105723000057 RAMSEY MEGHAN
R3112304 105723400002 SCHMIDT ELMER W JR 18420 CR 42
LA SALLE CO 80645
R0087087 105714000059 SEGAL ETHAL L 16.66 PCT
R0278687 105723000012 U P STOCK YARDS
GREELEY CO 80631
R0087087 105714000059 WEILAND RAE BARNETT
10.42%
R4397986 105714000006 WELD CO FARM LABOR PO BOX 130
SPONSORING ASSN GREELEY CO 80632
R0169489 105723000055 WELD COUNTY 915 10 ST
GREELEY CO 80631
TAXES
Weld County Treasurer
Statement of Taxes Due
Account Number R6777984 Parcel 105723200066
Assessed To BIG'CHOMPSON INVSNT HOLDINGS LLC
1205 W ELIZABETH ST
Plv1B No. 134
FORT COLLINS,CO 80521
Legal Description Situs Address
PT W2 D"4-66 LOT B ROC EXEMPT RE-4914 WELD 000000000
Year Charges Billed Payments Bulcce
2011 Tax 5820.02 5820.02 50.00
Grand Total Due as of 02/21/2012 $0.00
Tax Billed at 2011 Rates for Tax Area 0104-0104
Authority Milt Levy Ammmt Values Actual Assessed
WELD COUNTY 16.8040000* 8320.63 AG-FLOOD 565,737 $19,060
SCHOOL MST REl 86830000 $165.67 ❑CRRIGATED LAND
NORTHERN COLORADO WATER 1.0000000 $19.08 AG-WASTE LAND $61 $20
(NC Total $65,798 $19,080
CENTRAL COLORADO WATER 0.3920000 $1.48
(CC IV
CENTRAL COLORADO WATER 1.3190000 $225.16
SUBD
LASALLE FIRE 5.1540000 $98.34
AIMS JUNIOR COLLEGE 6.3550000 $121.25
HIGH PLALNS LIBRARY 3.2710000 $62.41
Taxes Billed 2011 42.9780000 5820.02
•Credit Levy
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1.
Weld County Treasurer•P.O.Box 458,Greeley CO 808832• 1400 N 17th Ave,Greeley CO 80631 •(970)353-3845 ext.3290
TITLE COMMITMENT
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Date: 08-06-2012 Our Order Number: FCC25108777`1
Property Address:
VACANT LAND GILCREST CO 80623
AGPROFESSIONALS, LLC
4350 HIGHWAY 66
LONGMONT, CO 80504
Phone: 970-535-9318
Fax: 970-535-9854
Copies: 1
EMail:TNAYLOR@AGPROS.COM
Sent Via EMail
If you have any inquiries or require further assistance, please contact Final Policy Department
Phone: 970-282-3649 Fax: 970-282-3652
Fo= DELIVERY.LP
LTG Policy No. LTAQ25108777*1
Form PIB/ORT
PROPERTY INFORMATION BINDER
This Policy is issued in lieu of Policy No. LTAQ25108777 which is(are) hereby cancelled.
Our Order No. FCC25108777*1 Liability: S50,000.00
Fee: 50.00
Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions
and Stipulations hereto annexed and made a part of this Binder,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
a Corporation, herein called the Company,
GUARANTEES
AGPROFESSIONALS, LLC
herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured
shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that,
according to the public records as of July 25, 2012 at 5:00 P.M.
1. Title to said estate or interest at the date hereof is vested in:
BIG THOMPSON INVESTMENT HOLDINGS, LLC, A COLORADO LIMITED LIABILITY
COMPANY
2. The estate or interest in the land hereinafter described or referred to covered by this Binder is:
A Fee Simple
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
LTG Policy No. LTAQ25108777*1
Form PIB/ORT
Our Order No. FCC25108777*1
3. The land referred to in this Binder is situated in the State of Colorado, County of WELD
described as follows:
LOTS A AND B, RECORDED EXEMPTION NO 1057-23-2 RE-4914, RECORDED DECEMBER 28,
2009 AT RECEPTION NO. 3667225, BEING A PART OF LOT B RE-1282 BEING A PART OF
THE W 1/2 OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO
4. The following documents affect the land:
NOTE: THE COMMITMENT DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS
OR REPRESENTATION OF SAID RIGHTS.
NOTE: THIS COMMITMENT IS NOT A REPORT OR REPRESENTATION AS TO MINERAL
INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE
NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103.
NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE
REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER
AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST
OF $125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE
ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE
EFFECTIVE DATE OF THE PREVIOUS BINDER.
1. EXISTING LEASES AND TENANCIES, IF ANY.
2. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND
TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
LTG Policy No. LTAQ25108777*1
Form PIB/ORT
Our Order No. FCC25108777*1
4. The following documents affect the land: (continued)
WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273.
3. RESERVATIONS CONTAINED IN U.S. PATENT RECORDED NOVEMBER 29, 1897 BOOK 153
AT PAGE 463, AND ANY ASSIGNMENTS THEREOF AND INTERESTS THEREIN.
4. RESERVATION OF COAL BY DEED RECORDED FEBRUARY 12, 1903 IN BOOK 201 AT PAGE
430, AND ANY AND ALL ASSIGNMENTS THEREOF AND INTERESTS THEREIN.
RELINQUISHMENT AND QUITCLAIM RECORDED MARCH 2, 2012 AT RECEPTION NO.
3828941
5. RAILROAD RIGHT OF WAY CONTAINED IN DEED RECORDED FEBRUARY 12, 1903 IN BOOK
201 AT PAGE 430.
6. RESERVATIONS CONTAINED IN INSTRUMENT RECORDED MARCH 1, 1934 IN BOOK 956 AT
PAGE 367, AND ANY AND ALL ASSIGNMENTS THEREOF AND INTERESTS THEREIN.
7. RIGHT OF WAY FOR PIEPLINE AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 16,
1975 AT RECEPTION NO. 1669973.
8. UNDIVIDED FULL INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS
RESERVED BY THE ESTATE OF BERTHA C. LORENZ IN DEED TO KEVIN W. SCHMIDT,
DARWIN R. SCHMIDT AND ROY A. SCHMIDT, RECORDED DECEMBER 27, 1979, UNDER
RECEPTION NO. 1812867 IN BOOK 891, AND ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
9. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED JANUARY 25,
1991 AT RECEPTION NO. 2239387 IN BOOK 1288.
10. OIL AND GAS LEASE RECORDED JANUARY 16, 1973 UNDER RECEPTION NO. 1605493 IN
BOOK 683 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN.
11. OIL AND GAS LEASE RECORDED MARCH 31, 1970 UNDER RECEPTION NO. 1544615 IN
BOOK 623 AND ANY AND ALL ASSIGNMENTS THEREOF. OR INTEREST THEREIN.
12. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT AND RIGHT OF WAY
RECORDED JANUARY 08, 1997 AT RECEPTION NO. 2528398 IN BOOK 1585.
LTG Policy No. LTAQ25108777*1
Form PIB/ORT
Our Order No. FCC25108777*1
4. The following documents affect the land: (continued)
13. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND SURFACE USE AGREEMENT
RECORDED MARCH 23, 1992 AT RECEPTION NO. 2281663.
14. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF RECORDED EXEMPTION NO. 1057-23-3-RE1282 RECORDED FEBRUARY 26,
1993 AT RECEPTION NO. 2323133 IN BOOK 1371.
15. TERMS, CONDITIONS AND PROVISIONS OF NOTICE RECORDED JANUARY 23, 2001 AT
RECEPTION NO. 2820945.
16. TERMS, CONDITIONS AND PROVISIONS OF REQUEST FOR NOTIFICATION RECORDED MAY
28, 2002 AT RECEPTION NO. 2955111.
17. TERMS, CONDITIONS AND PROVISIONS OF DRYUP COVENANT AND EASEMENT AGREEMENT
RECORDED APRIL 04, 2007 AT RECEPTION NO. 3466595.
18. MATTERS AS SET FORTH ON SURVEY RECORDED APRIL 16, 2007 AT RECEPTION NO.
3469165
19. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT RECORDED DECEMBER 28, 2009 AT RECEPTION NO. 3667225
20. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT RECORDED MAY 31, 2012 AT RECEPTION NO. 3849451
21. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE CHANGE OF ZONE PLAT RECORDED MAY 31, 2012 AT RECEPTION NO. 3849451.
Property Information Binder
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this Binder mean:
(a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute
real property;
(b) "Public Records"; those records which impart constructive notice of matters relating to said land;
(c) "Date": the effective date;
(d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company;
(e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company.
2. Exclusions from Coverage of this Binder
The company assumes no liability including cost of defense by reason of the following:
(a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified
to the Treasurer's office.
(b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or
title to water,
(c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes,ways or waterways on which
such land abuts. or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any
rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description.
(d) Mechanic's lien(s).judgment(s) or other lien(s).
(e) Defects, liens, encumbrances, adverse claims or other matters: (a) created,suffered or agreed to by the Assured;
(b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of
the Date; or (c) attaching or creating subsequent to the Date.
3. Prosecution of Actions
(a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which
in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any
appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or
waive any provision hereof.
(b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company
to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the
Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for
any expense so incurred.
4. Notice of Loss - Limitation of Action
A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be
furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue
to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the
Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period.
Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified,shall be conclusive
bar against maintenance by the Assured of any action under this Binder.
5. Option to Pay, Settle or Compromise Claims
The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which
could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such
payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder.
Copyright 2006-2011 American land Title Association.All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.
PIB.0RT Cover Page 1 of 2
6. Limitation of Liability - Payment of Loss
(a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because
of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability
stated on the face page hereof.
(b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured. and all costs
and attorney's fees in litigation carried on by the Assured with the written authorization of the Company.
(c) No claim for loss or damages shall arise or be maintainable under this Binder (I) if the Company after having received notice of
any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance
within a reasonable time after receipt of such notice,or (2) for liability voluntarily assumed by the Assured in settling any claim
or suit without written consent of the Company.
(d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount
of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof
for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be
furnished to the satisfaction of the Company.
(e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable
within thirty days thereafter.
7. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by
any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had
against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss
of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to
the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against
any person or proprty necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured
in any transaction or litigation involving the rights or remedies.
8. Binder Entire Contract
Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter
hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a
writing endorsed or attached hereto signed by the President. a Vice President, the Secretary, an Assistant Secretary or other
validating officer of the Company.
9. Notices. Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111.
10. Arbitration
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association.
ANTI-FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts
or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include
imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly
provides false, incomplete,or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to
defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the
Colorado division of insurance within the department of regulatory agencies.
This anti-fraud statement is affixed and made a part of this policy. arid '%/�''Q^",'
Issued through the Office of: Teri' i,;;,=
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LAND TITLE GUARANTEE COMPANY • 4 * »FzM1''rot
772 WHALERS WAY#100 • P ^ » a= Mark
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FORT COLLINS,CO 80525 • u 1y� * z -
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Secretary
ed Sign Lure
PIB.ORT Cover Page 2 of 2
P LAND TITLE GUARANTEE COMPANY
INVOICE
Land Title
GUARANTEE COMPANY
,,Cc cc, Customer Reference No.
Record Owner: BIG THOMPSON INVESTMENT HOLDINGS, LLC, A COLORADO LIMITED
LIABILITY COMPANY
Property Address: VACANT LAND GILCREST CO 80623
When referring to this order, please reference our Order No. FCC25108777'I
Date: August 06, 2012
- CHARGES -
Property Information Binder 50.00
--Total-- 50.00
Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not
received within 30 days of that date, the Guarantee and all coverages thereunder shall be cancelled.
Please make checks payable to:
LAND TITLE GUARANTEE COMPANY
772 WHALERS WAY#100
FORT COLLINS, CO 80525
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Big Thompson Investment Holdings, LLC — MINK12-0001
THIS AGREEMENT, made and entered into this day of
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Big Thompson Investment Holdings, LLC,
hereinafter called "Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lot B of Recorded Exemption RE-4914; located in part of W2 of Section 23,
Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado and
hereinafter referred to as "the Property," and
WHEREAS, the County is currently in the process of considering Minor Subdivision
Final Plat for the Property (MINK12-0001), and
WHEREAS, the Property Owner acknowledges that the issuance of MINK12-0001 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 MINK12-0001 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 MINK12-0001 within three (3) years of
the approval of the permit issued under MINK12-0001, may result in the revocation of MINK12-
0001, 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 MINK12-0001, 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 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(Non-Applicable At This Time):
1.0 Weld County Road 33(Non-Applicable At This Time): 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 sixty (60) feet at the main entrances and
exits which extend partially into CR 33 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 33 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 regulatory agencies.
3.0 Engineering Design and Construction Plans: 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.
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 (Non-Applicable At This Time):
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 Truck Trip — 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 truck traffic, the
County reserves the right to install traffic counters on the driveway(s) of their facility. The
percentage of haul truck 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 truck
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 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 cost share based on the number of Truck Trip 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 truck traffic, the County reserves the right to install traffic counters on the
driveway(s) of their facility. Auxiliary turn lane improvements may be triggered due to heavy
truck traffic associated with the facility.
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 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 Section 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 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.
3
B. Haul Routes(Non-Applicable At This Time):
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 33.
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: 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
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(Non-Applicable At This Time):
1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be
4
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 truck 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. All repairs shall commence within thirty (30) days of receipt of Weld County's
written notice.
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 improvement/maintenance work is to be performed during that construction
season.
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.
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 MINK12-0001 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
5
maintain the landscaping and re-seeding of the property where applicable as shown on the
accepted Construction Plans and MINK12-0001 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 MINK12-000l 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 MINK12-0001 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 MINK12-000l Plat Map. The main entrance improvements will include;
construction of adequate turning radii at the main site entrances onto CR 33, an appropriately
sized drainage culverts, and an acceptable Tracking Pad installation at the exit, to ensure a
complete revolution of the truck tires to minimize the tracking of mud and debris onto CR 33.
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
pennit 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 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.
E. General Requirements:
6
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 MINK12-0001 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.
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.
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
s
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 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.
9
7.2 Project Collateral submitted to Weld County to guarantee completion of
the improvements indentified on the accepted Construction Plans and
MINK12-0001 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 (%) 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 (%) 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 MINK12-0001 activities are initiated. The submitted amount
shall be 53,600.00 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
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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-
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 MN' K12-0001 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
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
12
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
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
13
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.
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. 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.
14
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
MINK12-0001 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 — MINK12-0001 by New Property Owner:
This Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements— MINK12-0001
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 — MINK12-0001 by New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — MINK12-0001
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.
15
2.1 Termination Procedures Followina 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 — MINK12-0001 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 — MINKI2-0001 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
16
Policy Regarding Collateral for Improvements — MINK12-0001 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 MINK12-0001.
5.0 Consequence of Termination Pursuant to Paragraph E.11.0: In the event that
activities related to MINK12-0001 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
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.
17
18
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
PROPERTY
OWNER:
SIGNATURE
PRINTED NAME
TITLE (If Other Than Property Owner)
STATE OF COLORADO )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of
2011, by
WITNESS my hand and official seal.
Notary Public
My commission Expires:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Sean P. Conway, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
19
EXHIBIT A- Cost Sheet (ON-SITE)
Name of Subdivision,PUD,USR,RE,SPR: Filing/Casek: Location:
Personnel Contact:Name Title Phone
Intending to be legally bound.the undersigned applicant hereby agrees to provide throughout this facility the following improveroenrc
Improvements (ON-SITE)
(Leave spaces blank where they do not apply)
Ouantits Units Unit Costs(S) I Estimated Construction
Cost is
Site Grading
Street Grading
Street Base
Street Paving
Entrance Improvements(Per Sec. E.-7.1)
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Water Supply
Erosion Control Measures/BMP's
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area
Street Lighting
Street Names
Signage& Pavement Marking
Fencing Requirements
Landscaping(Seeding,Trees,etc.)
Park Improvements
SUB-TOTAL:
Engineering and Supervision Costs S
(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 $
E HIBIT A;� Cd f Sheet (QN:SITE): igpat re Pate; : : :
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
By:
Applicant
Date , 20
Title
EXHIBIT A- Cost Sheet(OFF-SITE)
Name of Subdivision,PUP,USR,RE,SPR: Filing/Case H: Location:
Personnel Contact:Name Title Phone
Intending to be/really bound.the unders(gned Ipp/icon[hereby agrees In provide throughout this facilitv the following improretnents.
Improvements (OFF-SITE)
(Leave spaces blank where they do not apply)
Ouantity Units Unit Costs(S) Estimated Construction
Cost psi
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)
Dust Control(per Sec. E.-7.5.2)
Water Supply
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area
Street Lighting
Street Names
Signage& Pavement Marking
Fencing Requirements
Landscaping(Seeding,Trees,etc.)
Park Improvements
SUB-TOTAL:
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 $
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 ,10
Title
By:
Applicant
Date , 20
Title
EXHIBIT B-Time Schedule(ON-SITE)& (OFF-SITE)
Name of Subdir ision.PLD.CSR RE.SYR: Filing/Case 4: Location:
Intending to be legally bound the undeni,nedlppfkant hereby agree,to provide throughout i/ti,facility the following improvement,.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do not apply)
OL.V-SITEI 10FF-SITE)
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
Sanitary Sewer Forced Main
Erosion Control Measures/BNIP's
Laterals(house or building connected)
Water Supply and Storage
Water Mains(includes bore)
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area
Street Lighting
Street Names
Signage&Pavement Marking
Fencing Requirements
Landscaping
Park Improvements
Telephone
Gas
Electric
Water Transfer
Final Completion Date for Entire Project
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
Title
By:
Applicant
Date , 20
Title
RESTRICTIONS GOVERNING
WELD COUNTY INDUSTR INDUSTRIAL PARK
WHEREAS the undersigned, Mak S. Goldstein and Jeff Donaldson, as Managers of Big Thompson
Investment Holdings, LLC, a Colorado Limited Liability Company whose address is 1205 West Elizabeth Street,
PMB 134, Fort Collins, Colorado 80521, ae the owners of the WELD COUNTY INDUSTRIAL PARK, a Minor
Subdivision i n Wd d County, Colorado; and
WHEREAS, the undersigned wish to place certain restrictions upon the lots of sad WELD COUNTY
INDUSTRIAL PARK for the benefit and protection of the undersigned and those persons or other entities
purchasing said l ots aid
WHEREAS, the undersigned, as the governing committee, desire that this instrument shall define the
restrictions upon sad lots aid shall be later incorporated by reference in the deeds to persons or other entities
purchasing sad lots with said restrictions thereby intended to apply to eat lot aid to run with the laid through
subsequent tramwtions; and
WHEREAS, those devdoping the WELD COUNTY INDUSTRIAL PARK endeavor to maintain the
western flavor aid natural beauty of the surrounding ace, while understaiding an industrial ace will by its very
nature appear industrious. Cooperation, courtesy, aid concern for the overall appearaice of WELD COUNTY
INDUSTRIAL PARK will ensure community goodwill aid enhaice property value. These restrictions have been
deed oped to hd p establish a"spirit"of the WELD COUNTY INDUSTRIAL PARK with the intent to encourage ai
attractive,functional subdivision that enhances the surrounding area rather that detracts from it.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that all lots in the WELD COUNTY
INDUSTRIAL PARK aesubject tothefollowing listed restrictions, to-wit:
1. Said laids shall be used for Commercial, Light Industrial, aid Heavy Industrial purposes. The
definition of, Commercial, Light Industrial and Heavy Industrial is defined by the County of Weld
Zoning Regulations under the d assi fi cati ons of I-1, 1-2 aid 1-3 zoning.
2. The exteriors of all buildings must be completed within twdve months after commencement of
construction. An extension may be available upon petition to the governing committee. The exterior of
buildings shall be of a non-reflective, uniform color using natural earth-tones. All construction will
comply with federal, state aid county regulations and requirernoits including, but not limited to dust
mitigation.
3. It shall be the duty of lot owners to keep thdr buildings maintained and their lots neat aid orderly.
This i nd odes the lots being kept free from noxious weals aid from all weeds taller than 8 i nches, aid
keepi ng lots free from refuse. The governing committee shat I have the power to declare a nui saice if
lots are not so kept. If the lot owner does not cure such nuisance upon ten (10) days notice, then the
governing committee shall have the authority to abate sad nuisaice at the lot owner's expense. No
lot's pri may use shat I be for the storage of wrecked or i ncapad tated vehicles or machinery. Arm of
lots used for outside storage shall have fend ng which include a visual barier. Seri rrity fend ng is
expected aid fences shat I not be constructed of scrap material s
4. There wi 11 be no bi 11 bonds or signs painted on the side or roof of a bui 1 di ng. No signs wi 11 be d lowed
that advertisea business other than those located within the WELD COUNTY INDUSTRIAL PARK.
All signs must meet county, state and federal regulations.
5. All lot owners wi II keep the common roadway free from obstructions and shall not park or store any
vehicles or items on my common roadway. The owners of lots shat I be arscrasti a proportionate snow
removal and road mai ntmance fee for keepi ng the common road mai ntai ned and free from snow.
6. All commerda lots must be Iandscaped in accordance with Wdd County regulations I n addition to
my Wdd County requirements, alI undevdoped ground on a lot must be seeded with native, drought
tolerant grass, and propri atd y maintained and mowed.
7. No sewage disposal system, sanitay system, cesspool, or septic tank will be constructed, a tered or
al I owed to remain or be used i n any tract until i t has been approved as to design, capacity, location and
construction by alI public health agencies of the State of Colorado and the County of Weld. Each
sewage system is the responsibility of the individual property owner and shall be installed at his
expense.
8. If a landowner has a grievance regading a clamed infraction of the covenants, with another
Iandowner that cannot be reconciled, the landowner may ask the governing committee to mediate the
dispute and give an opinion on behalf of the entire subdivision.
9. The covenants and governi ng committee of WELD COUNTY INDUSTRIAL PARK shalI be changed,
modified, or voided by a two-thirds(2./3) vote by owners of the lots. All zoning and other laws, rules
and regulations of any government under whose jurisdiction said laid lies ae considered to be a pat
thereof.
10. All requirements of the Weld County Planning, Zoning, Public Works, Public Safety and all other
County Regul ati orrs ae to be complied with.
11. All requirements of the Federal Government and the State of Colorado, i nd udi ng, but not I i mi ted to
OSHA, EPA,ADA and al I other State and Federal Regulations ae to be complied with.
12. The restrictions shall be servable and if any be held unenforceable by a Court of Law, it shall not
affect the enforcernci_it or validity of the remai ni ng restri cti orrs.
WITNESS our hands and°easthis day of 2012.
Big Thompson I nvestmmt Hol di ngs, L LC a Colorado I i mi ted L i abi I i ty Company
By:
M ak S. Goldstein, as Manager
STATE OF COLORADO )
) ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me by Mark S. Goldstdn, as Manager of Big
Thompson Investment Holdings, LLC
This day of , 2012.
W i tnest my hand and official scel.
NOTARY PUBLIC
M y Commission Expires
M y License Number
STATE OF COLORADO )
) ss
COUNTY OF WELD )
Big Thompson I nvestment Holdings, LLC a Colorado I i mi ted L i abi I i ty Company
By:
Jeff Donal dam, as Manager
The foregoing instrument was acknowledged before me by Jeff Donaldson, as Manager of Big
Thompson Investment Holdings, LLC
This day of , 2012.
Witnesmy hand andofficial gal.
NOTARY PUBLIC
M y Commission Expires
M y License Number
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Big Thompson Investment Holdings, LLC — MINK12-0001
THIS AGREEMENT, made and entered into this day of
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Big Thompson Investment Holdings, LLC,
hereinafter called "Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lot B of Recorded Exemption RE-4914; located in part of W2 of Section 23,
Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado and
hereinafter referred to as "the Property," and
WHEREAS, the County is currently in the process of considering Minor Subdivision
Final Plat for the Property (MINK12-0001), and
WHEREAS, the Property Owner acknowledges that the issuance of MINK12-0001 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 MINK12-0001 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 MINK12-0001 within three (3) years of
the approval of the permit issued under MINK12-0001, may result in the revocation of MINK12-
0001, 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 MINK12-0001, 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 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(Non-Applicable At This Time):
1.0 Weld County Road 33(Non-Applicable At This Time): 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 sixty (60) feet at the main entrances and
exits which extend partially into CR 33 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 33 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 regulatory agencies.
3.0 Engineering Design and Construction Plans: 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.
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 (Non-Applicable At This Time):
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 Truck Trip — 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 truck traffic, the
County reserves the right to install traffic counters on the driveway(s) of their facility. The
percentage of haul truck 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 truck
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 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 cost share based on the number of Truck Trip 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 truck traffic, the County reserves the right to install traffic counters on the
driveway(s) of their facility. Auxiliary turn lane improvements may be triggered due to heavy
truck traffic associated with the facility.
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 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 Section 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 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.
3
B. Haul Routes(Non-Applicable At This Time):
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 33.
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: 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
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(Non-Applicable At This Time):
1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be
4
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 truck 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. All repairs shall commence within thirty (30) days of receipt of Weld County's
written notice.
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 improvement/maintenance work is to be performed during that construction
season.
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.
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 MINK12-0001 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
5
maintain the landscaping and re-seeding of the property where applicable as shown on the
accepted Construction Plans and MINK12-0001 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 MINK12-000l 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 MINK12-0001 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 MINK12-000l Plat Map. The main entrance improvements will include;
construction of adequate turning radii at the main site entrances onto CR 33, an appropriately
sized drainage culverts, and an acceptable Tracking Pad installation at the exit, to ensure a
complete revolution of the truck tires to minimize the tracking of mud and debris onto CR 33.
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
pennit 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 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.
E. General Requirements:
6
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 MINK12-0001 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.
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.
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
s
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 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.
9
7.2 Project Collateral submitted to Weld County to guarantee completion of
the improvements indentified on the accepted Construction Plans and
MINK12-0001 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 (%) 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 (%) 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 MINK12-0001 activities are initiated. The submitted amount
shall be 53,600.00 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
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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-
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 MN' K12-0001 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
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
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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
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
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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.
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. 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.
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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
MINK12-0001 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 — MINK12-0001 by New Property Owner:
This Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements— MINK12-0001
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 — MINK12-0001 by New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — MINK12-0001
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.
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2.1 Termination Procedures Followina 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 — MINK12-0001 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 — MINKI2-0001 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
16
Policy Regarding Collateral for Improvements — MINK12-0001 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 MINK12-0001.
5.0 Consequence of Termination Pursuant to Paragraph E.11.0: In the event that
activities related to MINK12-0001 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
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.
17
18
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
PROPERTY
OWNER:
SIGNATURE
PRINTED NAME
TITLE (If Other Than Property Owner)
STATE OF COLORADO )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of
2011, by
WITNESS my hand and official seal.
Notary Public
My commission Expires:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Sean P. Conway, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
19
EXHIBIT A- Cost Sheet (ON-SITE)
Name of Subdivision,PUD,USR,RE,SPR: Filing/Casek: Location:
Personnel Contact:Name Title Phone
Intending to be legally bound.the undersigned applicant hereby agrees to provide throughout this facility the following improveroenrc
Improvements (ON-SITE)
(Leave spaces blank where they do not apply)
Ouantits Units Unit Costs(S) I Estimated Construction
Cost is
Site Grading
Street Grading
Street Base
Street Paving
Entrance Improvements(Per Sec. E.-7.1)
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Water Supply
Erosion Control Measures/BMP's
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area
Street Lighting
Street Names
Signage& Pavement Marking
Fencing Requirements
Landscaping(Seeding,Trees,etc.)
Park Improvements
SUB-TOTAL:
Engineering and Supervision Costs S
(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 $
E HIBIT A;� Cd f Sheet (QN:SITE): igpat re Pate; : : :
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
By:
Applicant
Date , 20
Title
EXHIBIT A- Cost Sheet(OFF-SITE)
Name of Subdivision,PUP,USR,RE,SPR: Filing/Case H: Location:
Personnel Contact:Name Title Phone
Intending to be/really bound.the unders(gned Ipp/icon[hereby agrees In provide throughout this facilitv the following improretnents.
Improvements (OFF-SITE)
(Leave spaces blank where they do not apply)
Ouantity Units Unit Costs(S) Estimated Construction
Cost psi
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)
Dust Control(per Sec. E.-7.5.2)
Water Supply
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area
Street Lighting
Street Names
Signage& Pavement Marking
Fencing Requirements
Landscaping(Seeding,Trees,etc.)
Park Improvements
SUB-TOTAL:
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 $
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 ,10
Title
By:
Applicant
Date , 20
Title
EXHIBIT B-Time Schedule(ON-SITE)& (OFF-SITE)
Name of Subdir ision.PLD.CSR RE.SYR: Filing/Case 4: Location:
Intending to be legally bound the undeni,nedlppfkant hereby agree,to provide throughout i/ti,facility the following improvement,.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do not apply)
OL.V-SITEI 10FF-SITE)
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
Sanitary Sewer Forced Main
Erosion Control Measures/BNIP's
Laterals(house or building connected)
Water Supply and Storage
Water Mains(includes bore)
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area
Street Lighting
Street Names
Signage&Pavement Marking
Fencing Requirements
Landscaping
Park Improvements
Telephone
Gas
Electric
Water Transfer
Final Completion Date for Entire Project
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
Title
By:
Applicant
Date , 20
Title
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