HomeMy WebLinkAbout20121064.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 #1787 - PAWNEE WATER
MANAGEMENT/ HALLIBURTON ENERGY SERVICES, INC.
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 August 24, 2011, the Weld County Board of Commissioners approved a
Use by Special Review Permit #1787, for Dietzler Water Resources Corporation, 4970 Varsity
Drive, Lisle, Illinois 60532, for an Oil and Gas Support and Service Facility (water supply and
storage) on the following described real estate, to-wit:
N1/2 NW1/4 of Section 13, Township 10 North,
Range 61 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 Pawnee Water Management / Halliburton Energy
Services, Inc., with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Performance Bond #K08358989 from
Westchester Fire Insurance Company, 436 Walnut Street, Philadelphia, Pennsylvania 19106, in
the amount of$270,283.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Performance Bond as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements Agreement According to Policy Regarding
Collateral for Improvements, between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and Pawnee Water Management /
Halliburton Energy Services, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED that Performance Bond #K08358989 from Westchester
Fire Insurance Company, 436 Walnut Street, Philadelphia, Pennsylvania 19106, in the amount
of$270,283.00, be and hereby is, accepted.
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Steve Morreno,'Cler and 4 AM Recorrder$0Wed County, Co 2012-1064
101 hWiWlll�l,IrUI.k I L4 '6 GI�a,I .l��tilN I 11111 5 PL2125
IMPROVEMENTS AGREEMENT - PAWNEE WATER MANAGEMENT/ HALLIBURTON
ENERGY SERVICES, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of April, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: A z ��-
Sean P. Con , Chair
Weld County Clerk to the Board
1'. / � William . arcia, - m
Deputy C rk to the BoItt
;1661 ;- a Kirkmeyer
APP' # 'D AS .% ' ORM: �j
'David E. Lon
�. attorney a '
ouglas ademach
Date of signature: ;j -- -.1?
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Steve Moreno, Clerk and Recorder, Weld County. CO
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2012-1064
PL2125
MEMORANDUM
TO: Clerk to the Board
1861 )14.1
DATE: 4/19/2012
�r J •'I� �/Ill J FROM: Richard Hastings, Public Works Department
GOu � SUBJECT: BOCC Agenda Item - Approve Improvements
Agreement and Accept Collateral For:
Pawnee Water Management/Halliburton Energy
Services - (USR-1787)
Request for Approval of Improvements Agreement:
The Department of Public Works and the Department of Planning Services received a request
from the applicant's representative, Mickey-Leyba Farnsworth/Patrick Engineering Inc.,
requesting that the Board of County Commissioners consider approving the Improvements
Agreement for the Oil and Gas Support and Service Facility-Water Supply and Storage (USR-
1787), located on CR's 95 & 118, southeast of the town of Grover.
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 and the Department of Planning Services received a request
from the applicant's representative, Mickey-Leyba Farnsworth/Patrick Engineering Inc.,
requesting that the Board of County Commissioners consider accepting collateral in the form of a
Performance Bond— Westchester Fire Insurance Company (#K08358989) in the amount of
$270,283.00, 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$270,283.00 for Pawnee Water Management/
Halliburton Energy Services - (USR-1787).
pc: Don Carroll, Public Works
Kim Ogle, Planning Services
M:\PLANNING--DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1787 Dietzler Water Resources\Improvements
Agreement\Approve IA&Accept Collateral(USR-1787)-Pawnee Water Management-I lal liburton-MEMO.docx
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Pawnee Water Management—USR-1787
THIS AGREEMENT, made and entered into this ciA day of Ap,2IL
, by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Halliburton Energy Services, Inc., hereinafter
called "Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in
the County of Weld, Colorado:
The West V2 of the Northwest '/4 of Section 13, Township 10 North,
Range 61 West of the 6th P.M., Weld County, Colorado and
hereinafter referred to as "the Property," and
WHEREAS, County has approved land use permits for an Oil and Gas Support
and Service Facility (water supply & storage) on approximately 630 acres on the above described
real property, and the County is currently in the process of considering a Use-by-Special Review
for the Property (USR-1787), and
WHEREAS, the Property Owner acknowledges that the issuance of USR-1787 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 USR-1787 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 USR-1787 within three (3) years
of the approval of the permit issued under USR-1787, may result in the revocation of USR-1787,
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 USR-1787, 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
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Steve Moreno, Clerk and Recorder, Weld County, CO
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submits and receives approval of an application for a Grading Permit, Building Permit or for a
Right-Of-Way Permit for construction of accesses and work within the County and/or State of
Colorado Right-Of-Way, or at a time determined acceptable by the Board of County
Commissioners.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the
promises and covenants contained herein, the parties hereto promise, covenant and agree as
follows:
A. Required Off-Site Improvements:
1.0 Weld County Road 95: 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 95 right-of-way (ROW), drainage and signage installations, as indicated
on the accepted Construction Plans. The main entrance improvements will include a double
cattle guard set (one right after the other), placed back to back across the entire width of the
roadway, to ensure a complete revolution of the truck tires in order minimize the tracking of mud
and debris onto the adjacent County road. (See Section D.2.0 of this Agreement). 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".
2.0 Road Improvements Responsibilities: Property Owner is solely
responsible for all designated improvements, as specified above in Section A.1.0, on CR 95 and
for any related 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 at the time
of the completion of the improvements set forth in the "Standard Specifications for Road and
Bridge Construction" provided by CDOT.
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Steve Moreno. Clerk and Recorder, Weld County, CO
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5.0 Traffic Control: Prior to any construction in the County Right-Of-Way
and as a condition of issuance of any access permit or Right-Of-Way permit, the applicant shall
submit a traffic control plan for County review. During construction, appropriate safety signage
shall be posted in accordance with the then current version of the "Manual of Uniform Traffic
Control Devices".
6.0 Off-Site Dust Control/Abatement and/or Paving (If Applicable): The
Property Owner is required to provide dust abatement approximately two to five times per year,
as determined by the County, along any portion of the Haul Route, as described in Section B.1.1
and depicted in the Haul Route Obligations Map which is attached to this Agreement and made
part hereof, as Exhibit E. 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, provided
Property Owner may provide information relevant to such determination.
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 the
intersections depicted on Exhibit E or any other intersection or roadways in the vicinity of the
site 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, in consultation
with Property Owner, 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. Haul Route improvements may be triggered due to heavy truck
traffic associated with the facility. The following Vehicle Per Day (VPD) Triggers will be
utilized:
a. Full Depth Mag-Chloride will be required when the traffic volumes reach 200
VPD.
b. Concrete Treated Base (CTB) with a Chip Seal or Recycled Asphalt
Pavement (RAP) is required when the traffic volumes reach 300 VPD.
c. Asphalt Pavement is required when the traffic volumes reach 500 VPD.
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
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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.
B. Haul Routes:
1.0 Established Haul Routes: (Depicted on Exhibit E)
1.1 Exiting or entering the site: Haul trucks shall enter or exit the site
at the approved accesses onto CR 95. Haul trucks will travel: north
on CR 95 to CR's 118 or 122 to disperse further in any direction,
south on CR 95 to CR's 112 or 114, for further dispersal.
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: (Not Applicable)
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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:
1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner
agrees to excavate, repair, or patch any damage on current or future haul route roads which in the
reasonable 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. The type and method of repair will be determined by
the County Engineer or his representative in consultation with Property Owner. 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 reasonable
sole opinion of County, road damage resulting from truck hauling to and from the Property
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
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Steve Moreno.. Clerk and Recorder, Weld County, CO
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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 following notice and opportunity to cure as set
forth herein, such non-performance will constitute a violation of Property Owner's land use
permits granted by County, and County may take whatever remedial measures allowed under
applicable laws that the County deems reasonably necessary, against Property Owner. In addition
to any other remedy available to the County in law or equity, a failure to comply in any material
respect with this Agreement following notice and opportunity to cure as set forth herein 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 USR-1787 as it now exists or may, from
time to time, be amended is a remedy which County may impose.
D. On-Site Improvements:
1.0 Landscaping and Fencing Requirements: Property Owner shall landscape
and/or maintain the landscaping and re-seeding of the Property where applicable as shown on the
accepted Construction Plans and USR-1787 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 USR-1787 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 USR-1787 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 USR-1787 Plat Map. The main entrance improvements will include;
construction of adequate turning radii at the main site entrances onto CR 95, an appropriately
sized drainage culverts, and a double cattle guard set (one right after the other) across the entire
width of the roadway, to ensure a complete revolution of the truck tires to minimize the tracking
of mud and debris onto CR 95. 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 State or County Right-Of-Way in which case a Right-Of-Way
or access permit is required.
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Stevenu Morpern'o. Clerk and ReI}�co,rderr. Wyeld�Counttyy,, CO �y,`
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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. 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:
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-
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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 USR-1787 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: Property Owner shall indemnify and hold harmless
the County from any and all liability loss and damage County may suffer as a result of all suits,
actions or claims of every nature and description caused by, arising from, or on account of said
design and construction of improvements, and pay any and all judgments rendered against the
County on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim except for the liability,
loss, or damage arising from the intentional torts or the gross negligence of the County or its
employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's
compensation insurance and public liability insurance coverage, and shall operate in strict
accordance with the applicable laws and regulations of the State of Colorado governing
occupational safety and health.
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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 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
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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.
7.2 Project Collateral submitted to Weld County to guarantee
completion of the improvements indentified on the accepted
Construction Plans and USR-1787 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
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permit, 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. 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 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 shall be listed on Exhibit "A"- Cost Sheet (OFF-SITE).
Road Maintenance Collateral shall be held by County as long as
this Agreement is in effect and returned to the Property Owner
upon vacation of associated land use agreement or permit. The
Road Maintenance Collateral will only be accessed by the County,
if upon notification to Property Owner of required safety related
roadway repairs; Property Owner fails to perform said repairs. If
any of this collateral shall he 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
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Steve Moreno. Clerk and Recorder, Weld County CO
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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. 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
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installation of improvements related to Applicant's
operations pursuant to USR-1787 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: (IRREVOCABLE 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
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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 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 state the results of fire flow tests.
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AUS01:627633.I 14 ,III 111��1���1YI�i�I���171�17Y�I7Y��f'Y�Y7T'�IVIN1'L11 Bill
8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted
in the final Construction Plans.
8.7 Following the submittal of the Statement of Substantial
Compliance and written recommendation of acceptance of the
improvements by the Weld County Department of Planning
Services and the Weld County Department of Public Works, the
Property Owner (if Property Owner has supplied any or all of the
collateral) may request release of the collateral for the project or
portion of the project by the Board. This action will be taken at a
regularly scheduled public meeting of the Board.
8.8 Following the written request for partial release of the "Project
Collateral", the Weld County Department of Planning Services and
the Weld County Department of Public Works County shall
inspect the on-site and/or off-site improvements. If the
improvements require mitigation or further repairs are required,
said work must be completed prior to the partial release of"Project
Collateral". For all off-site and on-site improvements (including
improvements to public rights-of-way or easements), the written
request for release of"Project Collateral" shall be accompanied by
"Warranty Collateral" in the amount of fifteen percent (15%) of
the value of the improvements as shown in this Agreement.
However, collateral for improvements fully accepted for
maintenance by a responsible governmental entity, special district
or utility company will be fully refunded to Property Owner.
8.9 Following the written request for release of the "Warranty
Collateral", the Weld County Department of Planning Services and
the Weld County Department of Public Works County shall
inspect the on-site improvements. If the improvements require
mitigation or further repairs are required, said work must be
completed prior to the conclusion of the Warranty period. The
"Warranty Collateral" shall be released to the Property Owner
following the expiration of the warranty period upon final written
acceptance by the Board of County Commissioners.
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
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Steve Moreno.. Clerk and Recorder, Weld County, CO
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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 in
writing 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
thirty (30) days following its receipt of the notice within which to either cure the violation, or if
the cure cannot reasonably be completed within such thirty (30) day period to commence the
cure and diligently pursue the cure to completion, or demonstrate compliance. If, after thirty (30)
days have elapsed, County believes in good faith that a violation of the terms of this Agreement
continues to exist or the cure is not being diligently pursued as provided in the preceding
sentence, 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.
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 USR-1787 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,
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Steve Moreno. Clerk and Recorder, Weld County. CO
NMI KYTIVIOllifirell,fi4Wit 11111
which shall be three (3) years following County's observance of
the cessation of activities, as provided in Sec. 23-2-290 of the
Weld County Code.
1.2 Execution of Replacement "Improvements Agreement According
to Policy Regarding Collateral for Improvements — USR-1787 by
New Property Owner": This Agreement shall terminate following
County's execution of a new Improvements Agreement According
to Policy Regarding Collateral for Improvements—USR-1787 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 — USR-1787 by
New Operator": This Agreement shall terminate following
County's execution of a new Improvements Agreement According
to Policy Regarding Collateral for Improvements—USR-1787 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 within sixty (60) days 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
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Steve Moreno- Clerk and Recorder, Weld County, CO
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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 — USR-1787 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 — USR-1787 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 — USR-1787 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 USR-1787.
5.0 Consequence of Termination Pursuant to Paragraph E.11.0: In the event
that activities related to USR-1787 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 until 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.
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Steve Moreno, Clerk and Recorder, Weld County, CO
Diu�l�Y cwt �i�n VOA IN It'll
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. 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.
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.
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AUSO I:627633.1 19
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
PROPERTY OWNER:
HALLIBURTON ENERGY SERVICES, INC.,
a Delaware corporation
By:
o Jamail
PRINTED NAME VICe - = Went,Real Estate Sandces
Attorney-In-Fact
TITLE
APPROVED
STATE OF—170(.16
`PPper
SS. Date: b'4/04/t7 .
County oQtt3 )
The foregoing instrument was acknowledged before me this 4 day of-42...C i , 2012, by
l
�- MARY WOOD
My commission Expires: ,L- -JO/6 t.„��7 M Notary ,Public State of Texas My sloe Expires ?,
! February 18, 2015
BOARD OF COUNTY COMMISSIONERS
MI
WELD COUNTY, COLORADO
ATTEST
c
>J - -ma
Sean P. Conway, Chair R 2 2012 ig
omv�
N3�
N �oa
N��.10= �
a
Weld County Clerk to the Bo. 'a
Deputy Cler o the Board COG o
t
a
G /' Ihmb.
APPROVED AS TO FORM: v v`
County Attorney
ALSO! 6276331 20
564430
EXHIBIT A - Cost Sheet (ON-SITE)
Name of Subdivision,PCD,USR,RE,SPR: Pawnee Water Management Filing/Case#: USR-1787 Location: SE Corner CR95& 118
Personnel Contact: Name Mickey Leyba-Farnsworth Title Project Manager Phone 303-532-8627
Intending to he legally hound,the undersigned Applicant hereby agrees to provide throughout this feu l/in.the following improvements.
Improvements (ON-SITE)
(Leave spaces blank where they do not apply)
uantity Units Unit Costs($( Estimated Construction
Cost is)
Site Grading (cut/fill) 12,772 CY $ 2.00 $ 25,544
Street Grading
Street Base (Class 5 ABC) 3,362
CY $ 12.50 $ 42,025
Street Paving
Entrance Improvements(Per See. E,-7.2)
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities(WO Structure) 1 LS $ 1,250.00 $ 1,250
Retention/Detention Ponds
Road Culvert 2 EA $ 1,500.00 $ 3,000
Grass Lined Swale 710 LF $ 4.00 $ 2,840
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Water Supply
Erosion Control Measures/BMP's 1 LS $ 4,000.00 $ 4,000
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area
Street Lighting 12 EA $ 1,500.00 $ 18,000
Street Names
Signage& Pavement Marking 9 EA $ 100.00 $ 900.00
Fencing Requirements 2,900 LF $ 4.00 $ 11,600
Landscaping(Seeding,Trees,etc..) 1 LS $ 2,000.00 $ 2,000
Park Improvements
Landscaping (Trees) 9 EA $ 250.00 $ 2,250
Cattle Guard 2 EA $ 2,500.00 $ 5,000
Concrete Pad 633 CY
$ 95.00 $ 60.135
Geotextile(ABC&Concrete Pad) 180,930 SF $ 0.36 $ 65,135
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Steve Moreno. Clerk and Recorder. Weld County, CO
1111 IN FZIP,OINIVihirtle+.114 MIN Iiytili 1101
SUB-TOTAL: $ 243,846
Engineering and Supervision Costs$ 12,192
(Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors)
256,038-TOTAL ESTIMA'II D COST OF IMPROVEMENTS AND SUPERVISION $
EXHIBIT A Cost Sheet (ON SITE) Stlgktature 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 cot tcd according to the construction schedule set out in Exhibit R
Fay:
App at
Tommy Jamail 4. 4 , 20 /.
Vico Prosident;fled Estate Services Date
Title Attomey-In-Fact
By:
Applicant
Date ,20
Title
APPROVED
La ept.
By:
Dale: a .'4 n-
3848158 Pages: 24 of 28
05/24/2012 10:44 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
liii RiriE'Y'fiwu' gt.'Gli�t+�IlIl,�ddi�I.N�t Wul lnii�tHl�l 1I III
EXHIBIT A - Cost Sheet (OFF-SITE)
Name of Subdivision, PUD,USR,RE,SPR: Pawnee Water Management Filing/Case#: USR-1787 Location: SE Corner CR95& 118
Personnel Contact: Name Mickey Leyba-Farnsworth Title Project Manager Phone 303-532-8627
Intending to he legal/.bound,the undersigned Applicant herehr agrees to ptt ide throughout this facility the[allotting improvements.
Improvements (OFF-SITE)
(Leave spaces blank where they do not apply)
Quantity Units Unit Costs(5) Estimated Construction
Site Grading — Cost is)
Street Grading
Street Base
Street Paving
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
1 FA $ 3,000.00 $ 3,000.00
Grass Lined Swale
Ditch Improvements 415 LF $ 3.00 $ 1,245.00
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)
1 LS $ 10,000.00 $ 10,000.00
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
3848158 Pages: 25 of 28
05Ste/e4Mo2012 r Moreno.10:44 Clerk and Recorder Je1d County. Co'
I!I�l�Yl�jµii, l4i�WIS1 liticf 6�it�1�+ !t:M1i� 11111
SUB-TOTAL:
$ 14,245,00
Engineering and Supervision Costs S 0
Cresting,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 5 14,245.00
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 • 1ple a ording to the construction schedule set out in Exhibit 13
By:
Appli ant myJamail
4
Vice President,Real Estate Services
-�ct— Date , 20 /J.--
Title
By:
Applicant
Date , 20
Title
APPROVED
Lbw
By:
Dale u 12-
3848158 Pages: 26 of 28
05/24/2012 10:44 AM R Fee:$0.00
Steve eno, Clerk and Yhµd��I�LIFWe
Ill;Ph F WIN Wig IV.IIC,4il hail III'
EXHIBIT B- Time Schedule(ON-SITE) & (OFF-SITE)
Name of Subdivision,Pill.tiSR,RE,SPR: Pawnee Water Management Filing./Case a: USR-1787 Location:SE Corner CR95&118
lutendlag to be legally bound,the undersigned.Ipplicat hereby agree,to provitk throughout tills facility the Meowing iuprannuvt,.
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
(Lear,spares Want where they do not app//r)
JON-.S/TG) )OFF-.SITE
Site Grading April
Street Grading
April
Street Rase
May
Street Paving
Curbs,(hitters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds April
Road Culvert
April April
Grass Lined Swale
April
Ditch Improvements
May
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main
Erosion Control Measures/RMP's
April
Laterals(house or building connected)
Water Supply and Storage
Water Mains(includes bore)
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area
Street Lighting
May
Street Names
Signage& Pavement Marking
Fencing Requirements April
Landscaping
May
Park I mprin ements
Telephone
Gas
Electric
June
Water Transfer
Final Completion Date for Entire Project
June 2012 June 2012
3848158 Pages: 27 of 28
05/24/2012 41,011:,44 RM 4�R Fee:$0�.1.00't0St I, I',-I W
,III II� llr:l■' lr ��ll li l4IW■Irl1lnl,ll�ll0il14 ,l11l
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
he met.
By:
ppliea Tommy Jamail
Vioe President,Real Estate Services Date _4 , 20
Attorney-In-Fact
Title
By:
Applicant
Date , 20
Title
APPROVED
By:
Li'-- l `.
Dale o4feq/LZ
pages: 28 eof: 28 0
3848158 10.44 R11 R Fee'.S r# �IIII
Clerk and Recorder. Weld in Ile/
Steve 05/74/2012
Steve MT f'�ea' i�,I4G"li\'It N'Palm+L1�4111i
of„
mss)
Bond No. K06356989
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that (name)Halliburton Energy
Services, Inc. , (address) 1125 17th Street, Denver, Colorado 80202, a
(corporation, limited liability company, etc. )Corporation, organized
under the laws of the State of Delaware, with its principal office
located at (address) 10200 Bellaire Blvd. , 3NE-23P, Houston, Texas
77072, hereinafter called "Principal" , and (name of surety)Westchester
Fire Insurance Company, of (address of surety)436 Walnut Street,
Philadelphia, Pennsylvania 19106, hereinafter called "Surety" are held
and firmly bound unto Board of County Commissioners of Weld County,
Colorado, on behalf of Weld County, Colorado, hereinafter called
"Obligee" in the full and penal sum of Two Hundred Seventy Thousand Two
Hundred Eighty Three and No/100 Dollars ($270,283 . 00) , lawful money of
the United States for the payment of which well and truly made, we bind
ourselves, our heirs, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, the above-bound Principal has obtained or is about to
obtain from the Obligee a land use permit, namely (insert the specific
permit and number - USR, SPR etc) Pawnee Water Management - USR-1787,
and pursuant to the requirements of said permit, has entered into an
Improvements Agreement, dated Ape,1 4 2O12. , with Obligee, and
WHEREAS, The Improvements Agreement requires Principal to obtain
a performance bond in an amount equal to the total cost of the
improvements for which Principal is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of improvements for which Principal is
responsible equals Two Hundred Seventy Thousand Two Hundred Eighty
Three and No/100 Dollars ($270,283 . 00) .
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and faithfully perform its duties, and all
of its undertakings, covenants, terms, and conditions as set forth in
the Improvements Agreement, and if Principal shall satisfy all claims
and demands set forth in said agreement, and shall fully indemnify and
save harmless Obilgee from all costs and damages which it may suffer by
reason of Principal' s failure to perform as agreed, and shall reimburse
and repay Obligee all outlay and expense which Obligee may incur in
making good any default, then this obligation shall be null and void;
PROVIDED FURTHER, that if Principal shall default in any of its
obligations set forth in the Improvements Agreement, and thereafter
fail to fully indemnify and save harmless Obilgee from all costs and
damages which it may suffer by reason of said default, this obligation
shall remain in full force and effect;
PROVIDED FURTHER, that Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Improvements Agreement to the work to be performed
thereunder, shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Improvements Agreement.
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew
annually automatically, from the date of this bond until its release by
Obligee, to guarantee that Principal shall well, truly and faithfully
perform its duties, and all of the undertakings, covenants, terms, and
conditions set forth in the Improvements Agreement, and any extensions
thereof which may be granted by Obligee with or without notice to
Surety.
The parties to this Performance Bond acknowledge that through the
Improvements Agreement, Obligee reserved the right to require Principal
to obtain a different Performance Bond from a financial institution
other than Surety in the event that the rating of Surety by AM Best
falls below a B+ rating.
IN WITNESS WHEREOF, this instrument is executed in four (4)
counterparts, each one of which shall be deemed an original, this
day of , 2012.
Halliburton Energy Services, Inc.
Principal
By:
Principal Secretary/Witness Title Attorney ' -Fact
(SEAL)
Westchester Fire Insurance Company
n
o_67
r /
By:P.17
Witness as to Surety P.T. Osburn , Attorney-in-Fact
Heather Noles
818 Town & Country Blvd. , #500 436 Walnut Street
Address Address
Houston, Texas 77024 Philadelphia, Pennsylvania 19106
Address Address
IMPORTANT: Surety company executing bond must appear on the Treasury
Department' s most current list (Circular 570 as amended) and be
authorized to transact business in the State of Colorado.
Bond must be accompanied with Attorney-in Fact' s authority from the
surety company certified to include the date of the bond.
Power of WESTCHESTER FIRE INSURANCE COMPANY
Attorney
Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by the Board of Directors of the said Company on December I I,200K to wit
'RESOLVED,that the following authonraiem relate to the execution,for and on behalf of the Company,:of bonds„undertakings,recogntunces:.coneeets and other wnnen conmulments of the Company
entered into theordmay comae of busmen;(each a'Wniten Commitment").
(H Each of the Chairman:the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under theseal of the Company or
otherwise
(2) Each duty appointed Wormy in fact of the Company i hereby euthonzad to execute any Written Commiunent for and on befalf of the Company,under the seal of the Company or otherwise to the extent than
such action is authorized by the gram of powers pro.ided for in such persons wnnen appointment as such attorney.imfact.
(3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company to appoint in writing any person the attorney 40-feet of the Company with
full power and authority to amine.for and onbehalf of die Company,under the seal ofthe Company or otherwise,such Wntten Commitments of the Company as may be specifiedin such imitten
appointment,vtiich specification may be by general type or class of Wntlen.Comniihnents or by specification of one or more particular Written Commitments
Of Each of the Chairman,the President and Vice Presidents of to Company in hereby osthonzed.for and on behalf of the Company,todelegate an wndng any other officer of the Companythe authority to
execute,for and on behalf of the Company,alder the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by
general type or class of Written Commitments or by specification of one or more particular Wnnen Commitments
(5) The signature of any officer or other person executing any Written Commitment or appomwent or delegation punuani to this ResoNaon and the seal of the Company,may be affixed by facsmae onsuch
W riuen Commitment or neaten appointment or delegatio¢
FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to bean reclusive statement of the powers and authority of°Mcen,employees and other persons to act for and on behalf of the'.
Company,and such Resnl Am shall not mini or otherwise affect the exerciseof any such power or authority otherwise Validly granted or vested:
Does hereby nominate,constitute and appoint BrettA Tisdale,Heather Noles,Joseph R Aulbert Joy Durham,Marc W Boots,Maria O Zuntga,P T Osbum,Richard
Covington,Stephanie Gunderson,Vickie Lacy,all of the City of HOUSTON,Texas,each individually if there be more than one named,its true and lawful attorney-in-
fact,to make,:execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recognivances,contracts and other writings in the nature
thereof in penalties not exceeding Ten million dollars&zero cents($10000,010 00)and the execution of such writings in pursuance of these presents shall be as
binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal
office,
IN WITNESS WHEREOF,the said Stephen M Haney,Vice+President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 29 day of April 201E
WESTCHESTER FIRE INSURANCE COMPANY
! Y�1 • ' „—
T• `o•
0Stephen M.Hay Yie PreaWaal
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 29 day of April,AD.2011.before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen
M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer Who executed the
preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company,that
the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Hoard of Directors
of said Company,referred to in the preceding instrumenl,'is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seat at the City of Philadelphia the day and year first above written.
y
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let c'.1L.25'
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bile ar'a 4 '' Wel E�IMer�P0f�N�yrOr P�bto
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Weal tion lwlrPrsibir 2014 wary wan
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I,the undefsigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of
which the foregoing is a substantially true and correct copy,is in full force and effect.
In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this day or
•
14. t c • Walam L Kely Inw ocrlmyY
g THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER April 29,2013,
SS
O
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES U THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.
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