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Home My WebLink About20121461.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR11-0027 - M & M EXCAVATION COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on March 21, 2012, the Weld County Board of Commissioners approved a Site Specific Development Plan and Use by Special Review Permit, USR11-0027, for M & M Excavation Company, 1856 Balsam Avenue, Greeley, Colorado 80631, for an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business in the A (Agricultural) Zone District, on the following described real estate, to-wit: Lot B of Recorded Exemption #4762; being part of the E1/2 NW1/4 of Section 17, Township 5 North, Range 64 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and M & M Excavation Company, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with check #17057 from M & M Excavation, 1856 Balsam Avenue, Greeley, Colorado 80631, in the amount of$50,000.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said check #17057 as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and M & M Excavation Company, be, and hereby is, approved. BE IT FURTHER RESOLVED that check #17057 from M & M Excavation, 1856 Balsam Avenue, Greeley, Colorado 80631, in the amount of $50,000.00, be and hereby is, accepted. 3858544 Pages: 1 of 24 eto 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO -' ,, '1 2012-1461 IMPROVEMENTS AGREEMENT—M&M EXCAVATION COMPANY PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 11th day of June,A.D.,2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO Sean�} Co �� Ch Weld County Clerk to the Board• Willi-mm F.Garcia,Pro-T BY: _.hL✓, till:.� �� I. Deputy CI to the Board '1A-641."— .� — ,b a K �! j1 APP'e.: DAST• s 'M: ;last �y irkmeyer�o�p � 1 r� i r'�vid E.Long �} .r :rne Douglas ademac -r Date of signature: 'y-/O 3858544 Pages: 2 of 24 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder., Weld County, CO liiI hri'+PGI�I��N+h�'I�Y,4�t<I�hM1:hM+{N�«4�lfi�lH l UI III 2012-1461 PL2153 MEMORANDUM TO: Clerk to the Board 1861 DATE: 6/7/2012 FROM: Richard Hastings, Public Works Department NJ QN T YX SUBJECT: BOCC Agenda Item -Approve Improvements Agreement and Accept Collateral For: M & M Excavation Co. - (USR11-0027) Request for Approval of Improvements Agreement: The Department of Public Works received a request from the applicant's representative, Patrick Groom/Witwer, Oldenburg, Barry & Johnson, LLP, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the Office/repair shop with vehicle/equipment storage and staging area with an excavation business(USRI 1-0027), located on CR's 51 & 58, east of the city of Greeley. Weld County Public Works Department reviewed the above-mentioned signed original document and observed the following: • All Public Works related items, of the "Improvements Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. Request for Acceptance of Collateral: The Department of Public Works received a request from the applicant's representative, Patrick Groom/Witwer, Oldenburg, Barry & Johnson, LLP, requesting that the Board of County Commissioners consider accepting collateral in the form of a Company Check—(Bank of Colorado) in the amount of$50,000.00, for the above-mentioned Improvements Agreement. Recommendation: The Department's of Public Works and Planning Services are recommending approval of the Improvements Agreement According To Policy Regarding Collateral For Improvements and the acceptance of collateral, in the amount of$50,000.00 for M&M Excavation Co. - (USR11-0027). pc: Heidi Hansen, Public Works Chris Gathman, Planning Services 2012-1461 M:\PLANNING-DEVELOPMENT REVIEW\-201 i Planning Referrals\USRI I\USRl1-0027 M&M Excavating\Improvements Agreement\Approve IA&Accept Collateral(USRl1-0027)-M&M Excavating-MEMO.docx WITWER, OLDENBURG, BARRY& JOHNSON, LLP Attorneys at Law 822 7th Street, Suite 760 Greeley,CO 80631 STOW L.WITWER,JR. TELEPHONE: (970)352-3161 R.SAM OLDENBURG FACSIMILE: (970)352-3165 JOHN J.BARRY JACQUELINE JOHNSON SENDER'S E-MAIL ADDRESS PATRICK M.GROOM KENT A.N.AUGHTON PGROOM @ W OBJLAW.COM June 6, 2012 VIA Hand-Delivery Richard Hastings Compliance Analyst & Construction Inspector Weld County Public Works 1111 H Street Greeley, CO 80632 Re: USR 11-0027 M&M Excavation, Inc. Improvements Agreement Dear Richard: Enclosed please find the Improvements Agreement for USR 11-0027, executed by Terry Miller as President of M&M Excavation Co. In addition, please find a check in the amount of $50,000.00 payable to Weld County. If you need any additional information, please do not hesitate to contact me. Yours very truly, WITWER, OLDENBURG, BARRY Sc. JOHN N, LP 4,4/T /' /4/7 0 Patrick M. Gro PMG/js cc: Terry Miller IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS M &M Excavating Co. —USR11-0027 THIS AGREEMENT, made and entered into this /1 11' day of S u etc by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and M & M Excavating Co., 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 #4762; being part of the E2SW4 of Section 17, Township 5 North, Range 64 West of the 6th P.M.,Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, County has approved land use permits for a (Office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business), on approximately 76.33 acres on the above described real property, and the County is currently in the process of considering an Use-by-Special Review for the Property (USR11- 0027), and WHEREAS, the Property Owner acknowledges that the issuance of USR11-0027 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 USR 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, Property Owner acknowledges that it may not engage in any activity described in USR11-0027 and/or any activity related to the businesses described above until said NM improvements have been completed, and WHEREAS, Property Owner agree 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 USRl1-0027 within three (3) years of the approval of the permit issued under USR11-0027, may result in the revocation of USR11-0027, m upon consideration and order of the Board of County Commissioners, and Np &" w v41- WHEREAS,the Property Owner agrees that the failure to record the plat within the time oe t M LL v limits imposed by the Weld County Board of County Commissioners,may result in the revocation of USR1 1-0027, upon consideration and order of the Board of County Commissioners, and ml .171.43-.= Ntril N M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USR11\USR11-0027 M&M Ezcavaling\Improvements Agreement\M ei>ay rye° _ &M Excavating(USR11-0027)Final IA(6-4-12).docx yew 3852644 Pages: 1 of 21 06/14/2012 11:38 AM R order, .00 Steve Moreno.. Clerk and' Recorder, Weld County, CO .-rT�/ `/j// ■III KRINc II 1 a ':Wd 4i1�O 14�ht li INi�i Bill xL 7e/ WHEREAS, the parties agree that 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: (At this time, non-applicable. The language in this Section is retained in the event the applicant revises the conditions of operation in the future.) 1.0 CR 58: 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 58 right-of- way (ROW), drainage and signage installations, as indicated on the accepted Construction Plans. The main entrance improvements will include asphalt paving a minimum of(100 x 30) feet into the site from the CR 58, to ensure a complete revolution of tires in order minimize the tracking of mud and debris onto the adjacent road. (See Section D.2.0 of this Agreement). Granting of any new point of access may generate additional obligations with the County, and Colorado Department of Transportation (CDOT) for Off-Site Improvements and the need to post additional "Road Maintenance Collateral". 2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated improvements, as specified above in Section A.1.0, and for any construction improvements mandated by the County, CDOT, 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 EiE Agreement. All plans showing work within the County shall be reviewed and accepted by Weld 8 ta 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 og and locations of all proposed improvements shall be provided to Public Works for review and m�. acceptance. mm 3 N?e, _� 4.0 Construction Standards: All construction and materials controls for a project and oLL any designated improvements shall conform to the requirements in effect as the time of the v re v completion of the improvements set forth in the "Standard Specifications for Road and Bridge M go.q t Construction"provided by CDOT. 7 No f_; 2 ^U~ M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USR11\USR11-0027 M&M ExcavatingkImprovements Agreement\M N o m u a &M Excavating(USRI 1-0027)Final IA(6-4-12).docx NO -1 3852644 Pages: 2 of 21 06/14/2012 11:38 AM R Fee:$0.00 >— Steve Moreno. Clerk and Recorder, Weld County, CO Al; BM hl'iNIIN h :IMIALIvrccY'1lk'tl1VIIi"iIIIIII 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 (Not Applicable): The Property Owner is required to provide dust abatement along affected County Roads approximately two to five times per year, as determined by the County. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current Equivalent Single Axle Load(ESAL) Counts that identify traffic loading due to Property Owner- sourced traffic. The amount and extent of dust control will be determined by site-specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Property Owner traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of 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 traffic routes. The County will have sole responsibility for determination of the percentage of traffic on all affected roads. 7.0 Future Improvements: Future improvements to the Property Owner-sourced traffic route(s) may be required by County. Property Owner shall address all County access issues associated with afore-mentioned traffic route. Future County mandated measures may include improvements to any traffic route intersections or roadways then utilized by Property Owner. Property Owner shall pay a proportionate cost share based on the number of ESAL Counts using then current data on the traffic 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 traffic, the County reserves the right to install traffic counters on the driveway(s)of their 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 off-site improvements shall commence and shall be completed within the parameters established in Section E.-7.2 and Exhibit B, herein. m 9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site v m'$ improvements, Property Owner shall contact a representative of the Weld County Department of —c Public Works and request an inspection of the off-site improvements described in paragraph cup0 oa A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth U IX CT in Paragraphs E.6.0, sections 6.1-6.3. a ear in a meY 9.1 All references in this Agreement to "Acceptance of Improvements" shall a^`aY Noa 3 �C M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI I\USRI 1-0027 M&M Excavating\Improvements Agreement\M N i?a a N°2o.—. &M Excavating(USRI I-0027)Final IA(6-4-12).docx If1nc— co„(a 3852644 Pages: 3 of 21 06/14/2012 11:38 RM R Fee:$0.00 I�rlmw� Steve Moreno. Clerk and Recorder, Weld County, CO ■v17.6 INti'6OM 11111 refer to the County confirming completion of said improvement(s) according to the accepted construction plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance,nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: (At this time, non-applicable) 1.0 Established Haul Routes: 2.0 Haul Route Signage: 3.0 No Deviation from Permitted Haul Routes: 4.0 Effect of Future Changes to Haul Routes: C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: (At this time, not applicable) 2.0 Annual Road Inspection: (At this time,not applicable) 3.0 Future Road Replacement: (At this time, not applicable) 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: (At this time, not applicable) 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 USR11-0027 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 toatia maintain the landscaping and re-seeding of the property where applicable as shown on the m3 a accepted Construction Plans and USR11-0027 plat map. Specifically, Property Owner shall at its 043own expense, plant, install and/or maintain all grass and other landscaping and re-seeding where o,t.‘6 applicable as shown on the accepted Construction Plans and USR11-0027 plat map. 10wry Additionally, the Property Owner shall install and/or maintain fencing to screen the property 0). t. t where applicable as indicated on the accepted Construction Plans and USRI1-0027 plat map. In to<x m the event any of these improvements may include work extending into State or County Right-Of- a i.2 No-a 4 M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USR11\USR11-0027 M&M Excavating\Improvements Agreement\M Nog cr ,G2 &M Excavating(USRI 1-0027)Final IA(6-4-12).docx ro Ndg 3852644 Pages: 4 of 21 03�> 06/14/2012 11:38 RM R Fee:$0.00 m= Steve Moreno; Clerk and Recorder, Weld County, Co 2m3- . VIIIMITIN'?I4 ' 11111 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 USR11-0027 Plat Map. If driving related safety issues arise, due to the tracking of debris onto CR 58 from the facility, the main entrance improvements will include; construction of adequate turning radii at the main site entrance onto the CR 58, an appropriately sized drainage culvert, and asphalt paving a minimum of(100 x 30) feet into the site from the CR 58, to ensure a complete revolution of the tires to minimize the tracking of mud and debris onto the CR 58. 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 on-site improvements. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. Some of these improvements may include work extending into State or County Right-Of-Way in which case a Right-Of-Way or access permit is required. 3.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit or an amendment to the existing USR. Except with prior County consent, no grading permit will be released until collateral is posted for all on-site and off-site improvements and the final Construction Plans have been submitted to and accepted by the Department of Public Works. Access and/or Right-Of-Way permits might also be required prior to approval of the grading permit. Grading shall not commence until Construction Plans are accepted. Any alterations to the accepted Construction Plans must be accepted in writing by the County Planning and Public Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all landscaping and other on-site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. 4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements, Property Owner shall contact the Weld County Department of Planning Services and the Weld County Department of Public Works and request an inspection of the on-site zL 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. oS m_ E. General Requirements: tt '3 Nt!- 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all LLengineering services in connection with the design and construction of the improvements Eerr— identified on the accepted Construction Plans according to the construction schedule set forth in m'2 Exhibit"B,"both of which are attached hereto and incorporated herein by reference. ill ^dY NU e 5 .. `~�n M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRII\USR11-0027 M&M ExcavatingVmprovements Agreement\M C tmv`o i &M Excavating(USR11-0027)Final IA(6-4-12).docx 3852644 Pages: 5 of 21 r0,>= 06/14/2012 11:38 RM R Fee:$0.00 03 - Steve Moreno Clerk andd 44Recorder . Weld County, CO Morn= O,n= ,III lll' p rrifrt'lrRIY+ YTiil H+i1.��4�!4i G�GG��h+.IAi IH��I ,I II 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights-of-way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights-of-way or easements, Property Owner shall acquire, at the sole expense of Property Owner, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and USR11-0027 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 6 M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USR11\USR11-0027 M&M Excavating'mprovements Agreement\M &M Excavating(USR11-0027)Final IA(6-4-12).docx 3852644 Pages: 6 of 21 3858544 Pages: 8 of 24 06/14/2012 11:38 AM R Fee:$0.00 07/12/2012 12:14 PM R Fee:$0.00 Steve uJMoreno,t�Clerk JJ,and'{ReJctorderr: Weld County CO/J W,`Steve Moreno. Clerk and Recorder, Weld County, CO ,III kl�iP�1¢ �?tiu ITrIi 1714lfKbhti,"'�l��uiIi 111°L II III I IIII hSYi Prigir �It'LIM IriTEhllti'C liq Ni"1 III III 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 EN 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 -t 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. m 6.3a Upon completion of the construction of the required off-site eo3 improvements, and the filing of a Statement of Substantial Compliance by Na • v� Property Owner's engineer, the Property Owner may, as set forth in G W o Paragraph A.9.0, request in writing that the County inspect the 01�� improvements and recommend to the Board of County Commissioners va i that the improvements be accepted and further that the two-year warranty M a s M period begin. Upon completion of the two-year warranty period, the 1:1-712-c Nom 7 M:\PLANNING—DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI1\USR11-0027 M&M ExcavatingkImprovements Agreement\M N2 e r• n o`i &M Excavating(UM 1-0027)Final IA(6-4-12).docx • m v 3852644 Pages: 7 of 21 m= 06/14/2012 11:38 AM R Fee:$0.00 tttiM Steve Moreno. Clerk and Recorder Weld County CO ■III MPPIVKINL'i '�.I�l�hMtil�kll��l�?�HI"1 ■I III 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: Ell 7.1 County requires Property Owner to provide collateral to guaranty all of g 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; x (2) Warranty Collateral required for all improvements during the warranty et w phase; and (3) Road Maintenance Collateral (If Applicable) to be kept in G 4- place for the life of the permit. w ..d o So v 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements identified on the accepted Construction Plans and 12 mac USRl1-0027 Plat Map and further enumerated in the costs listed in a d Exhibit "A," must be equivalent to One-Hundred Percent (100%) of the Nub " a 8 N c°A M:\PLANNING-DEVELOPMENT REVIEW\-20 I1 Planning Referrals\USRI I\USR I1-0027 M&M Excavating\lmprovements Agreement\M am"al- •zrNo &M Excavating(USR11-0027)Final IA(6-4-12)-docx 3852644 Pages: 8 of 21 In...v 06/14/2012 11:38 AM R Fee:$0.00 co= Steve Moreno, Clerk and Recorder, Weld County. CO ■IIIY1WJ I Ih'iPLIVIIW't141120.5fit14114:!N'�Iii" 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, the amount of Road Maintenance Collateral to be submitted at the time of approval for this Agreement shall MB be $3,600.00 for facilities adjacent to paved haul route roads or $2,400.00 for facilities adjacent to gravel haul route roads, and the amounts will be o 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 8 agreement or permit. The Road Maintenance Collateral will only be a m v accessed by the County, if upon notification to Property Owner of required Nw2 roadway safety related repairs; Property Owner fails to perform said o a a L repairs. If any of this collateral shall be collected by County, Property re Owner shall replace the amount,plus interest,within six(6)months. So. X- 7.6 Acceptable Project Collateral shall be submitted when the Property Owner met N o M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals USR1 l\USRI1-0027 M&M Excavating\Improvements Agreement\M No r7 &M Excavating(USRI 1-0027)Final IA(6-4-12).docx crNoo 3852644 Pages: 9 of 21 Ins£ 06/14/2012 11:38 AM R Fee:$0.00 In.,>— in m Steve Moreno, Clerk and Recorder. Weld County, CO � �m�i Ell liP PLC ilIfsGAR1 :��1r1�4�I�Jl !HJ �IIII 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. The improvements shall be completed within the time schedule set forth in Exhibit "B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Applicant's operations pursuant to USR11-0027 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 (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 10 M.',PLANNING—DEVELOPMENT REVIEW\--2011 Planning Referrals\USR11\USRI1-0027 M&M Excavating Improvements Agreement\M &M Excavating(U5R11-0027)Final IA(6-4-12).docx 3852644 Pages: 10 of 21 3858544 Pages: 12 of 24 07/12/2012 12:14 PM R Fee:$0.00 Stteve Moo no,12 l ClerBk and R ecorrder,,0 Weld County, Cu Steve Moreno Clerk and lIII h�'�P�4i��l�h'P�ReNW1�4�WGh t+�JLthirdAli II III VIII hYr�PhiPi k' 'RCM f i'iihitlMIH,1 II III applicant is required to warranty the improvements, the applicant shall replace the original deposit with a deposit in the amount of fifteen percent (15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7.10 The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a"three star"rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best. The Board further reserves the right to require Property Owner to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by Property Owner within sixty (60) days of the Board's notice to Property Owner that the rating has fallen and that the collateral must be replaced. Property Owner may not terminate existing collateral until replacement collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 8.1 The Property Owner's Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights-of-way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling,testing and inspections found in CDOT Materials Manual. 8.3 "As-built"plans shall be submitted at the time the letter requesting release - of collateral is submitted. The Property Owner's Engineer shall certify �$ that the project "as-built" is in substantial compliance with the plans and 8.g specifications as approved, or that any material deviations have received Cr') prior written acceptance from the County Engineer. 1 o • e 8.4 The Statements of Substantial Compliance must be accompanied, if ors.. appropriate, by a letter of acceptance of maintenance and responsibility by p_c the appropriate utility company, special district or town for any utilities. - Il Nos M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI1\USRII-0027 M&M EzcavatingVmprovements Agreement\M aN"z Le No�i &M Excavating(USRI1-0027)Final IA(6-4-12).docz coNea 3852644 Pages: 11 of 21 wiz' 06/14/2012 11:38 AM R Fee:$0.00 MOANSteve Morena. Clerk and Recorder, Weld County. CO VIIIRiiP2d��k'.'r�iJlti�Tl IMW 8.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. 8.7 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, the Property Owner (if Property Owner has supplied any or all of the collateral) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 Following the written request for partial release of the "Project Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on-site and/or off-site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the partial release of "Project Collateral". For all off-site and on-site improvements (including improvements to public rights-of-way or easements), the written request for release of"Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. However, collateral for improvements fully accepted for maintenance by a responsible governmental entity, special district or utility company will be fully refunded to Property Owner. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on-site and/or off- site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the conclusion IN 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 am3 "Warranty Collateral" shall be accompanied by "Road Maintenance N 64 - y Collateral" (If Applicable) as specified in Section E.7.5 of this Agreement. w..m � v9 "Road Maintenance Collateral" for roads associated with the designated cr v haul route shall be maintained as long as the USR is active. ce if; S ma 9.0 Successors and Assigns: This Agreement may not be delegated, transferred or roa -w -+ 12 z=m M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI 1\USR11-0027 M&M ExcavatingUmprovements Agreement\M 0 &M Excavating(USR11-0027)Final IA(6-4-12).docx 3852644�No Pagesci: 12 of 21 1n N£t 06/14/2012 11 :38 PM R Fee:$0.00 rpm . II!! iP.r�IPi,�Iu�;inNdteN�4f Mkt dh�Rl +Y 11 111 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. 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 USRl1- MI 0027 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 S 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 .-e that the Use by Special Review is inactive, which shall be three (3) years following maw County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the Nm3A Weld County Code. wv a 4; ° aP 1.2 Execution of Replacement "Improvements Agreement According to ��v Policy Regarding Collateral for Improvements — USRl1-0027 by New Property Owner: =72 This Agreement shall terminate following County's execution of a new Improvements 0 °°a Agreement According to Policy Regarding Collateral for Improvements — USR11-0027 m-Y-C LL^! �� 13 No-NO M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRIl\USR1I-0027 M&M Excavating Improvements Agreement\M cm st m m a &M Excavating(USRI 1-0027)Final IA(6-4-12).docx QN£ -i 3852644 Pages: 13 of 21 ro),E1mk 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County. CO 2m;i ,Gi'i! Wh+HIP, II III with a new Property Owner who has purchased the Property, and intends to make use of the rights and privileges available to it through the then existing USR. 1.3 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR11-0027 by New Operator: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR11-0027 with a new operator who has assumed the operation of the business on the Property which business activities are permitted by the then existing USR. 2.0 Termination Procedures. 2.1 Termination Procedures Following Cessation of Permit Related Activities: Following the events outlined in paragraph 1.1 above, County shall conduct its annual road inspection. Said road inspection shall be conducted on or before May 31 following the announcement or determination of the cessation of permit related activities on the Property. The results of the inspection shall be delivered in writing to the Property Owner and Operator. If the County determines that pursuant to the terms of this Agreement, the Operator must complete any of the improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable period of time thereafter, but in no event later than six (6) months following the determination that permit related activities have ceased. Collateral shall not be released by County until such time as county determines that all of the improvements have been completed. 2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property or Transfer of Operations: If the Property Owner or Operator desires to assign its rights and obligations under this Agreement to a successor Property Owner or Operator,the Property Owner or Operator shall,prior to the transfer, provide County with a written Notice to Transfer, stating the date of transfer, and identifying the party to whom the transfer shall be made. Following receipt of the Notice to Transfer, County shall inspect the improvements required under the terms of this Agreement to determine whether the improvements have been completed. If the improvements have not been completed, the Property Owner and/or Operator shall either complete the improvements or post collateral equal to the cost of the completion of the improvements, if such collateral is not in place. If collateral is available at the time, County shall hold a hearing to determine whether the collateral should be called upon to pay County or a contractor of the County to complete the improvements. County shall also inspect the road(s) which are covered by this Agreement to assess the current condition of the road(s) and determine whether Operator and/or Property Owner would be required to perform road 3 maintenance within the following twelve months had the Agreement not been assigned. If m91 road maintenance is, in the opinion of County, required, Property Owner and/or Operator Nm= 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 _ u 9 WLLO According to Policy Regarding Collateral for Improvements — USR11-0027 with a ce0,2-.e successor Property Owner and/or Operator prior to the performance of the road NEf maintenance or the posting of collateral for said maintenance, unless the new Property :art Owner and/or Operator posts collateral for the required maintenance. 1^u Nu + 14 M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USR II\USRII-0027 M&M Excavating\Improvements Agreement\M No_a no m z &M Excavating(USRI1-002 )Final IA(6-4 12).docx crNoig 3852644 Pages: 14 of 21 go) 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO Sill In 1i+.H,LNIh1 WAN II III 3.0 Consequence of Termination by Cessation of Permit Related Activities: Following County's confirmation that Property Owner and/or Operator has/have ceased all permit related activities and has/have completed previously uncompleted Improvements and or completed any required road maintenance, County shall release Property Owner and/or Operator from all further obligations under this Agreement. No Further permit related activities shall be permitted unless and until approved by County following execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR11-0027 with a Property Owner and Operator. 4.0 Consequence of Termination by Execution of Replacement Improvements Agreement: Following County's execution of an Improvements Agreement According to Policy Regarding Collateral for Improvements — USRl1-0027 with a successor Property Owner and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights and/or obligations under this Agreement or in USR11-0027. 5.0 Consequence of Termination Pursuant to Paragraph E.11.0: In the event that activities related to USR11-0027 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 3M County Code. Violations of the terms and conditions of this Agreement include, but are not 6,13-0 limited to, violations of the agreements Property Owner must enter into as required by this N o' Agreement, and/or failure to enter into such agreements in a timely manner. • co r 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 Ef such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in Vamt mere this Agreement shall give or allow any claim or right of action whatsoever by any other person d `a a z N0 +_ 15 N 2S- M:\PLANNING-DEVELOPMENT REVIEW\-201 l Planning Referrals\USR1 l\USRII-0027 M&M Excavating\Improvements Agreement\M � °2S et N`o i &M Excavating(OSR1 t-0027)Final IA(6-4-12).docx 3852644 Pages: 15 of 21 05/14/2012 11:38 AM R Fee:$0.00 co Ara-,;,0 �r Steve Moreno, Clerk and Recorder, Weld county m�i VIII Ri iP1 d��IMy 1MP� �i�t IOU GF,�Wr iNOLCi or entity not included in this Agreement. It is the express intention of the undersigned parties that any person or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. J. Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five(5) days of receiving such request. O8582/26e101c1P49P11a FFedee$O 0Od County, co Steve 16 M:\PLANNING-DEVELOPMENT REVIEW-201I Planning Referrals\USRI I\USRI I-0027 M&M ExcavatingUmprovements Agreement\M &M Excavating(USRI 1-0027)Final IA(6-4-12).docx 3852644 Pages: 16 of 21 06/14/2012 11:38 AM R Fee:$O.OO Steve Moreno. Clerk and Recorder. Weld County, CO Mill Pi Iii.frA114/14lr1AJ +"1 111111 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: 7 , SIGNATURE //r 2 • PRINTED NAME J _e. ', [y (t ../�, TITLE (If Other Than Property Owner) President. M&M Exravation Co. STATE OF COLORADO ) ) ss. County of Weld ) The foregoing instrument was acknowledged before me this Lt-L day ofl_i4,.,,_ , 2012,by 7es i (f IS-�n_'\ • HA '2 WITNESS my hand and official seal. o.I.::' ....R /c'r 1.- 2 I '----u -tm-i--)r.1 N OTARV c. Notary Public i — as— .' PU BOG:'0n My commission Expires: Lel,r. %y sTgTF OF GO\�4 // BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Ell ATTEST: 9 c---- 4. Sean P. Conway, Chair c J��J� 1 1 2012 8 Ili ,. U N. Weld County Clerk to the Board �� elm ow_l 156 7L 7 w .. -'� ? a r o �a— BY: f/G�l 1 , n v Deputy Clerk s the oard -2 Ph `` ` iva q APPROVED AS TO FORM County Attorney (Ng;-ii eo"z RNo to £._ N'auk 17 2o2 M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI I\USRI1-0027 M&M Excavating\Improvements Agreement\M fl m N &M Excavating(USR11-0027)Final IA(6-4-12).docx 3858544 Pages: 19 of 24 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County CO IIIIIkilIIPIFi l,rti ,4+YiI IlilNPAMtIw��r4 I,Rii,1till (9fi9-i 5/ ./ EXHIBIT A- Cost Sheet (ON-SITE) Name of Subdivision,PUD,USR,RE,SPR: USR 11-0027 Filing/Case#: Location: EEg2/S5[,WW4, S17, T5N Personnel Contact:Name Terry Miller Title President Phone97U659-2302 Intending to be legally bound,the undersi_ned Applicant hereby agrees to provide throughout this facility the following improvements. Improvements (ON-SITE) (Leave spaces blank where they do not apply) Quantity Units Unit Costs($1 Estimated Construction Cost is Site Grading 10,000 CY 2.00 $20,000.00 Street Grading Street Base Street Paving Entrance Improvements(Per Sec.E.-7.2) 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 8 EA 1,250 $10,000.00 Street Names Signage& Pavement Marking Fencing Requirements 1,250 LF 16 $20,000.00 Landscaping(Seeding,Trees,etc.) Park Improvements 3852644 Pages: 18 of 21 06/14/2012 11:38 AM R Fee.$0.00 Sleve Moreno. Clerk and Recorder, Weld County CO iIII h?roI1'IIIi�,4lt1Ik�Wr 4 liNel1 mCour y!tt liii 1I III 3858544 Pages: 20 of 24 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO SUB-TOTAL: VIIII a. ic"�{I PW�t}4�I�i�WILINkMil Ili II III $50,000.00 Engineering and Supervision Costs$ -incorporated into the costs above. (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 $ 50.000.00 E HTB T A =COSt:WO: P 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 sy:� �,2t Applicant „ PO 0 51 1-2 Date J �j(,t IA- 6 ,20 / Title By: Applicant Date ,20 Title 3852644 Pages: 19 of 21 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno.. Clerk and Recorder. Weld County. CO UPI 3858544 Pages: 21 of 24 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder Weld County.. CO ��r.HiliG'ir:I4114iINg IAA flitMIN II HI EXHIBIT B-Time Schedule(ON-SITE)&(OFF-SITE) Name of Subdivision,PUD,USR,RE,SPR: USR 11—0027 Filing/Case#: Location: E2SW4, S17,T5N R64W Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All Improvements shall be completed within 1 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) O ITE} (OFF SSTE Site Grading 6/1/12 — 1/1/13 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/BMP's Laterals(house or building connected) Water Supply and Storage Water Mains(includes bore) Fire Hydrants Survey,Street Monuments/Boxes Parking Area Street Lighting 6/1/12 - 1/1/13 Street Names Sigaage&Pavement Marking Fencing Requirements 6/1/12 - 1/1/13 Landscaping Park Improvements Telephone Gas Electric 3852644 Pages: 20 of 21 06/14/2012 11 :38 PM R Fee:$0.00 Water Transfer Steve Moreno, Clerk and Recorder. Weld County. CO ■III hY 117,9114,10 1,111111 1'ti1 11111 Final Completion Date for Entire Protect 1/1/13 3858544 Pages: 22 of 24 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII ra PPIVEtIFIGNI t 1411.G1 1 PiW, 11111 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: /i'�n l /� 'v Applicant ✓y pr e s i L4 Date .111/L) ,20 /2 Title By: Applicant Date ,20 Title 3852644 Pages: 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County CO VIII Ri'�P1rd��IMF{IN+�at�+��l�l�,�i�l Nfd h41CISiciN°1 11 111 3858544 Pages: 23 of 24 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 101 hri'.P 11 iAI Pld MN, 11111 ",, W NING: •N•T CASH THIS INTUITU Ch ckL ck'"'SECU E CHECK IF ANY FEATU ES LISTE •N ACK IN KATE TAM E ING• C• YING - M&M Excavation BANK OF COLORADO 17057 1856 ,BalsamCO Avenue 82-24 Co80634 Greeley,CO 80631 82-244/t07D 6/6/2012 PAY TO THE **50 000.00 ORDER:OF Weld County 4t.y s,.). ^� Fifty Thousand and 00/10*********. . ,. b ......................>..._._.....,.. Weld County • M&M Excavation 17057 Weld County 6/6/2012 Bond for new building 50,000.00 Checking-Bank Of Col 50,000.00 3858544 Pages: 24 of 24_ 07/12/2012 7 e2/Moreno,12'14 PMd Re Pee.$0.00d County CO ��hY iM�4iv�lllti and WWII N�Ld+hCOifs{��iy,lMll II III Hello