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Home My WebLink About20121571.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, USR11-0019 - KENNETH EVERITT, C/O A &W WATER SERVICE, 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 February 22, 2012, the Weld County Board of Commissioners approved Use by Special Review Permit, USR11-0019, for Kenneth Everitt, 45571 County Road 118, Grover, Colorado 80729, do A & W Water Service, Inc., Attn: Jeff Wright, P.O. Box 887, Fort Lupton, Colorado 80621, for an Oil and Gas Support and Service Facility (commercial water sales) in the A (Agricultural) Zone District, on the following described real estate, to-wit: Subdivision Exemption, SUBX11-0005; being part of the SE1/4 of Section 10, 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 Kenneth Everitt, do A & W Water Service, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with personal check #0923, drawn on Farm Credit, in the amount of$2,400.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said personal check as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Kenneth Everitt, do A & W Water Service, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED that personal check#01923, drawn on Farm Credit, in the amount of$2,400.00, be and hereby is, accepted. 3860002 Pages: 1 of 26 0Steve 7/1.■9/20Im1,2.'11:11 AM R Fee:$MO,. 10,0 1.-.111 ,I,�I (G O . PLO 2012-1571 ,III 111 Moreno Mid f,n l� 114TKI1■1■Illk C IIIII� ,I III 1. 7- 05-ia PL2149 IMPROVEMENTS AGREEMENT- KENNETH EVERITT, C/O A &W WATER SERVICE, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of June, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ^ EXCUSED Sean P. n a , Chair Weld County Clerk to the Board / IGaW iam F. Garcia, Pro-Tern BY: __JL./. i1/.7✓. Deputy CI kto the Bo-�� " ., ��'°` I '�XCUSED for arb Kirkmeyer APP'• AS • • M. */ r :AI David E. Long .. Att.rney �.. . s �, -.�- -'^ Dougl.s Rademac er Date of signature: .'/lt0/0- 3860002 Pages: 2 of 26 Steve Moreno 07/19/2012 or Clerk,11:11 and Recorder$,0W0ld County, CO IIII F.I�'r�NAINIIr,'li�'1� I�k'hM�IF�h'I� WIN �I II I 2012-1571 PL2149 MEMORANDUM TO: Clerk to the Board 1861 DATE: 6/21/2012 111-00W �/ I Lr FROM: Richard Hastings, Public Works Department U OWNTYg SUBJECT: BOCC Agenda Item- Approve Improvements Agreement and Accept Collateral For: Kenneth Everitt/A& W Water Service- (USR11-0019) Request for Approval of Improvements Agreement: The Department of Public Works received a request from the applicant's representative, Linn T. Leeburg, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the Oil and Gas Support and Service Facility—Commercial Water Sales (USR11-0019), located on CR's 390 & 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 received a request from the applicant's representative, Linn T. Leeburg, requesting that the Board of County Commissioners consider accepting collateral in the form of a Personal Check—(FCS of the Mountain Plains) in the amount of$2,400.00, for the above-mentioned Improvements Agreement. Recommendation: The Department's of Public Works and Planning Services are recommending approval of the Improvements Agreement According To Policy Regarding Collateral For Improvements and the acceptance of collateral, in the amount of$2,400.00 for Kenneth Everitt/A & W Water Service (USR11-0019). pc: Heidi Hansen, Public Works 2012-1571 Tom Parko, Planning Services M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI I\USRI 1-0019 A&W Everitt\Improvements Agreement\Approve IA&Accept Collateral(USRI1-0019)-Kenneth Everitt-A&W Water Service-MEMO.docx IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Kenneth Everitt/A&W Water Service, Inc.—USR11-0019 7'. .,/ THIS AGREEMENT, made and entered into this /02 day of CI/4 /1 D , �:I I k by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and Kenneth Everitt, c/o A & W Water Service, Inc.,hereinafter called"Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld,Colorado: Part of SE4 of Section 10, 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(Commercial Water Sales)on approximately 2.714 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(USR11-0019),and WHEREAS, the Property Owner acknowledges that the issuance of USRl1-0019 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 USRI 1-0019 and/or any activity related to the businesses described above until said improvements have been completed, and EN 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 8 f or to commence the use of the Property as approved in USRI 1-0019 within three(3)years of the approval of the permit issued under USR11-0019, may result in the revocation of USRI1-0019, upon consideration and order of the Board of County Commissioners,and m�• WHEREAS, the Property Owner agrees that the failure to record the plat within the time to; limits imposed by the Weld County Board of County Commissioners, may result in the revocation of USRI1-0019, upon consideration and order of the Board of County va °LL41 a Commissioners, and p a c t WHEREAS,the parties agree that the Property Owner shall provide collateral for all on- 1 d""' cum M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Refmals\USRII\USRII-0019 A&W EverittVmprovemrnts ;is- i' Ageunug\xcnneth Everitt(USRI 1-0019)Final Improvements Agreement (5-2-12).docx N Nm aN£ 3855212 Pages: 1 of 24 pm m 06/27/2012 11:18 AM R Fee:$0.00d County. Co > Steve Moreno: Clerk and Recorder, CT)r4-3, Pin I „ r d+ 'NllRliltiMill III ,--)./0/19 - /57/ site and off-site improvements required by this Agreement when; the Property Owner submits and receives approval of an application for a Grading Permit, Building Permit or for a Right-Of- Way Permit for construction of accesses and work within the County and/or State of Colorado Right-Of-Way, or at a time determined acceptable by the Board of County Commissioners. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein,the parties hereto promise, covenant and agree as follows: A. Required Off-Site Improvements: 1.0 Weld County Road 118: 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 118 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". A County access permit is needed for every access to a County road. 2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated improvements, as specified above in Section A.1.0, on CR 118 and for any construction improvements mandated by the County, and for all expenses associated therewith. These responsibilities include, but are not limited to the following: design, surveys, utility locates, present and future right-of-way clearances and permits; coordination with oil and gas operators and facilities, and affected irrigation facilities; traffic control; and project safety during construction. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter"OSHA"), Colorado Department of Public Health and Environment, (hereinafter"CDPHE") and other regulatory agencies. IN 3.0 Engineering Design and Construction Plans: All engineering designs and construction plans must be provided by Property Owner. These Plans, when reviewed and gA 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 o 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 Si;* and locations of all proposed improvements shall be provided to Public Works for review and N b acceptance. u a - Cr y� • � a 4 4.0 Construction Standards: All construction and materials controls for a project and p any designated improvements shall conform to the requirements in effect as the time of the ma r completion of the improvements set forth in the "Standard Specifications for Road and Bridge Z:1 Construction"provided by CDOT. p. °N Emma. 2 wmm� M:\PLANNING—DEVELOPMENT REVIEW\-2011 Planning Referrals\USR11\USR11-0019 A&W Everitt\Improvements con Mmw. Agreement\Kenneth Everitt(USRI 1-0019)Final Improvements Agreement (5-2-I2).docx 3855212 Pages: 2 of 24 06/27/2 18 RM Recoede$0 1:121d County.. Co Steve Mar�r+ ��hW�MY1Y1i'r l�4'Iil Y G4h.IrV�h 'IWtiH�'Sl�+i�IM'1 III III 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 along affected Haul Route Roads approximately two to five times per year, as determined by the County. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current Truck Trip — Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Property Owner-sourced traffic. The amount and extent of dust control will be determined by site-specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Property Owner haul truck traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of haul truck traffic utilizing County roads in the vicinity of the site attributable to Property Owner (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County on the primary and requested alternate or revised haul routes. The County will have sole responsibility for determination of the percentage of truck traffic on all affected roads. 7.0 Future Improvements: Future improvements to the haul route(s) may be required by County. Property Owner shall address all County access issues associated with afore- mentioned haul route. Future County mandated measures may include improvements to any haul route intersection or roadways then utilized by Property Owner. Property Owner shall pay a proportionate cost share based on the number of Truck Trip ESAL Counts using then current data on the haul route in the implementation of the above-mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. In order to accurately determine percentage of Property Owner haul truck traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. 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. U 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 m-m described in Section A 1.0 until the occurrence of the triggering event for each improvement, •Nom` namely the application for the Grading Permit, Building Permit or Right-Of-Way access permit e OA' or the commencement of activities on the property(s). At that time, Property Owner agrees that m LL v g the required collateral will be posted and all on-site and offsite improvements shall commence &&a and shall be completed within the parameters established in Section E.-7.2 and Exhibit B, herein. WEF m¢" a vmsc 3 14# M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI I\USR11-0019 A&W EverittWnprovements _ Agreement\Kenncth Everitt(USR1 1-0019)Final Improvements Agreement (5-2-12).docx Nom N£�i 38527?2012 S1:P1S9RM R. 3 of 24 5212 R Fg :$0°° ntr Co Morn= teve Moreno 1 r II ,I III 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: 1.1 Exiting or entering the site: Haul trucks shall enter or exit the site at the approved access onto CR 118. Haul trucks will travel: west on CR 118 to CR 390 to disperse further in any direction. 1.2 No haul truck may exceed CDOT required specifications for pounds per axle. 1.3 In unusual or rare occasions, if particular projects mandate deviation from the above-mentioned haul route for a limited period of time (which is defined in this Agreement as a period of not more than thirty days), which shall be established by County at the time that the deviation is allowed. If County approves such deviation, trucks will utilize paved county roads whenever possible. A deviation from the established Haul route lasting more than thirty (30) days or requests for two or more deviations within a twelve month period shall be subject to the terms of Paragraph 4.0 of this Section B. In the event that haul truck traffic, in excess of 15% of the daily facility truck trips, utilizes alternate haul routes, the provisions of Paragraph 4.0 of this Section B shall be triggered. 8 i 2.0 Haul Route Signage: Property Owner shall install haul route signs at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. =y 3.0 No Deviation from Permitted Haul Routes: No deviation in the use of any roads Nw3b other than those specifically authorized for use in this Agreement is permitted without the prior rr 4-;• -o written amendment of this Agreement. ov mg 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested a by Property Owner or site operator to approve the use of an additional access, new haul route, or m x an alternative haul route as a result of a change in Property Owner's site activities and/or truck a^vy� V y 4 N2 M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI1\USRI]-0019 A&W EverittWnprovemcnts N 2G uy m `o Agreement\Kenneth Everitt(USRI 1-0019)Final Improvements Agreement (5-2-I2).docx O�s mme ra36%;M 3855212 Pages: 4 of 24 06/27/2012 11:18 AM R Fee:$000 Steve Moreno, Clerk and Recorder, Weld County, CO IF I I I I 1 r 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 will be financially responsible for the excavation, repair, and patching of any damage on current or future haul route roads, which in the sole opinion of County has been created by truck hauling to and from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above- described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads which are included within the new haul route. The type and method of repair will be determined by the County Engineer or his representative. All repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall pay a proportionate cost of a complete restoration based on the number of Truck Trip ESAL Counts using then current data of truck trips entering or exiting Property Owners' site onto the haul route in the implementation of the above- mentioned improvements. S 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is anticipated that Property Owner and other Property Owners and/or Lessees subject to agreements ss similar to this Agreement will perform the required road maintenance work and will share in the CS)v equipment, labor, and materials required. Any such sharing arrangement between Property N3 . -� Owner, and other Property Owners and/or Lessees shall be conducted pursuant to separate c j- agreements between the Property Owner and other Property Owners and/or Lessees. County 1. v shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall mD a # determine the sufficiency of all road improvement/maintenance projects when completed. m••Y� mt 5 Z) M:\PLANNING-DEVELOPMENT REVIEW)-2011 Planning Referrals\USRII\USRI1-0019 A&W Everitt\Improvements •• i N.,2 Agreement\Kenneth Everitt(USRI 1-0019)final Improvements Agreement (5-2-12).docx Nmmy CS)(MID i E\£ o,'v 06/27/3855212 Pages: 5 ofee 24 coNw— 06/27/2012 11:18 AM R Fee:$0.00 morn. Steve Moreno, Clerk and Recorder, Weld COLT W, CO IYBill ,III 1 II I i I I 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 USR11-0019 as it now exists or may, from time to time,be amended is a remedy which County may impose. D. On-Site Improvements: 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or maintain the landscaping and re-seeding of the property where applicable as shown on the accepted Construction Plans and USR11-0019 plat map. Specifically, Property Owner shall at its own expense, plant, install and/or maintain all grass and other landscaping and re-seeding where applicable as shown on the accepted Construction Plans and USR11-0019 plat map. Additionally, the Property Owner shall install and/or maintain fencing to screen the property where applicable as indicated on the accepted construction plans and USR11-0019 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 USRI 1-0019 Plat Map. The main entrance improvements will include; construction of adequate turning radii at the main site entrances onto CR 118, 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 118. 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 NM addressed at the time of application for any future amended USR. Some of these improvements may include work extending into County Right-Of-Way in which case a Right-Of-Way or access permit is required. U 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, a Property Owner shall not be required to initiate the landscaping requirements until the G ,omM occurrence of the triggering event for all improvements, namely the approval of the grading 01t permit or an amendment to the existing USR. Except with prior County consent, no grading talo v g— permit will be released until collateral is posted for all on-site and off-site improvements and the co (")4 final Construction Plans have been submitted to and accepted by the Department of Public H�9t amo Works. Access and/or Right-Of-Way permits might also be required prior to approval of the ma ° grading permit. Grading shall not commence until Construction Plans are accepted. Any a^ate .-tai 6 M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals USA'I\USR11-0019 A&W Everitt\Improvements N o��rr�yyr (NI N o` Agreement\Kenneth Everitt(USRI 1-0019)Final Improvements Agreement (5-2-I2).docx comma L .. � 3855212 Pages: 6 of 24 06/e riore2 1118 an R order el Steve Moreno, Clerk and Recorder, Weld County, CO VII , I II#4III W'i ,IIII 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 MI 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. S 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and USR11-0019 Plat Map, be m� solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this (O'a agreement, which are attached hereto and/or incorporated herein by reference, with the v - improvements interior to the Property being completed by the dates set forth on Exhibit"B" (On- o v 3 site), and improvements to public rights-of-way or easements being completed also in xaccordance with the schedule set forth in Exhibit "B" (Off-site). The Board of County stator.' 7 M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI I\USR11-0019 A&W Eventt\Improvements a^`a ••71. Agreemcnt\Kenneth Everitt(USRI 1-0019)Final Improvements Agreement (5-2-12).docx i �o■'�NM 3855212 Pages: 7 of 24 N° 06/27/2012 11:18 RM R Fee:$0.00 m �e Steve Moreno. Clerk and Recorder, Weld County.. CO Nal ' ' 1111 Commissioners, at its option, may grant an extension of the time of completion set forth in Exhibit B stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property Owner. 4.0 Release of Liability: To the extent allowed by law, each party to this Agreement (the "Indemnifying Party") shall indemnify and hold harmless the other party (the "Indemnified Party") from any and all liability, loss and damage the Indemnified Party may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of the negligent or intentional act of the Indemnifying Party or its officers, agents, employees, except for the liability, loss, or damage arising from the negligent or intentional act of the Indemnified Party. All contractors and other employees engaged by Applicant and County in construction of the On-Site and Off-Site Improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. The obligations of the Applicant under this paragraph shall not extend to any judgments against County which are in excess of the limitations on liability set forth in the Colorado Government Immunity Act, C.R.S. Section 24-10-101, et. seq., to the maximum extent that such limitations or liability are applicable. 5.0 Warranty of On-Site and Off-Site Improvements: Property Owner shall warranty L_ 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 Xwarranty period shall begin only after the County's execution of a written acceptance of the mat improvement(s). pi s.3 m 6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon _ o y`oy compliance with the following procedures by the Property Owner, the improvements shall be "gyp Y deemed accepted by the County. Wa a:a 8 a"mY M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USR11\USR11-0019 A&W Everitt Improvements SAgreement Kenneth Everitt(USRI I-0019)Final Improvements Agreement (5-2-I2).docx c. y ONao • ID m= 3855212 Pages: 8 of 24 ��— 06/27/2012 11:18 AM R Fee:$0.00 Plow Steve Moreno.. Clerk and Recorder, Weld County, CO III I I I e WI� III III 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 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 g y- 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 8 deficiencies are discovered, the Property Owner shall correct the mat deficiencies. The County Engineer and /or the Department of Planning toms �' Services shall reinspect the improvements after notification from the o v� Property Owner that said deficiencies have been corrected. If the County LL v0 Mkt Engineer and/or Department of Planning Services find that the �� improvements are constructed according to County standards, he or she yarn- —e 0 M:\PLANNMG—DEVELOPMENT REVIEW\-2011 Planning Referrals\USRl1\USRl1-0019 A&W EverittUmprovements ardv `• 2 Agreement\Kenneth Everitt(USR11-0019)Final Improvements Agreement (5-2-12).docx N et� " 3855212 Pages; 9 of 24 o� mN£ 08/27/2012 11:18 AM R e :$0.00 ID Steve Morena, Clerk and Recorder, Weld County, CO 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 USRI1-0019 Plat Map and further enumerated in the costs listed in Exhibit "A," must be equivalent to One-Hundred Percent (100%) of the value of the improvements as shown in this Agreement. Collateral for Off- site improvements that extend partially off-site as mentioned in Section A., 1.0 (if any) or D.2.0 of this Agreement that include only improvements involving turning radii and approaches can be included as part of the On- site collateral amount, if clearly delineated on accepted Construction Plans and differentiated as "Entrance Improvements" on Exhibit "A" On-Site Improvements of this Agreement. This collateral must be submitted to County upon the submission of the Property Owner's application of a grading, building, and/or right-of way permit, or at a time determined acceptable by the Board of County Commissioners, and shall be held in total by County as provided in Paragraph E. 7.3 below until all improvements have been completed. 7.3 Warranty Collateral for all on-site and off-site improvements shall be submitted to County and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). IN 7.4 In the event Property Owner fails to adequately complete and/or repair improvements associated with this Improvements Agreement, County will g-C 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 N release of the warranty collateral by the Board of County Commissioners o v9 or at the time of approval of this Agreement, if no Project Collateral was Nu.v initially submitted. Road Maintenance Collateral is held for use on roads associated with the designated haul route. The amount of the collateral War c. 10 R-t M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRII\USR11-0019 A&W Everitt\lmprovements a^ems= Agreement\Kenneth Everitt(USRI I-0019)Final Improvements Agreement (5-2-12).docx ryoFI z mN£ 3855212 Pages: 10 of 24 mme 06/27/2012 11:18 RM R Fee:$0.00 -cim Steve Moreno, Clerk and Recorder, Weld County, CO IIII 1°)9 aU' ,III I 1 11 I I 1 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 will be listed on Exhibit "A"- Cost Sheet (OFF-SITE). Road Maintenance Collateral shall be held by County as long as this Agreement is in effect and returned to the Property Owner upon vacation of associated land use agreement or permit. The Road Maintenance Collateral will only be accessed by the County, if upon notification to Property Owner of required roadway safety related repairs; Property Owner fails to perform said repairs. If any of this collateral shall be collected by County, Property Owner shall replace the amount, plus interest, within six (6)months. 7.5.1 Road Maintenance Collateral Option (For Materials Haulers): In lieu of cash collateral, Property Owner may submit funds quarterly to Weld County, at a rate of ten (10) cents per ton, based on the amount of processed material leaving the site. These funds will be escrowed by the County and utilized for roadway repairs specific to the USR's designated haul route. The first payment of funds will be due three months after the initial sale of materials from the USR site. Subsequent quarterly payments will be deposited in the associated escrow account until the USR permit is terminated. Utilization of this collateral option will negate any further obligations of the Property Owner and/or Applicant to participate in any future maintenance and/or improvements projects for the associated Haul Route. Upon vacation of the USR for this facility and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining funds in the escrow account will be returned to the USR Permittee. 7.5.2 Road Maintenance Collateral (For Off-Site Dust Control—If Applicable): o 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 3M specific to the USR's designated haul route, only if the applicant m= does not adhere to the requirements for dust suppression as amla .� specified in Section A.6.0 of this agreement. Following completion o vat of all construction phases, and/or upon vacation of this USR, and LL0 following determination by Public Works staff that no immediate cc repairs are required for the Haul Route, any remaining Dust W• �_L 11 ▪ �" M:\PLANNINU—DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI I\USRI1-0019 A&W Everitt\Improvements 0 av ::4°L2 Agreement\Kenneth Everitt(USRI I-0019)Final Improvements Agreement (5-2-12).docx e ■ C. mno 3855212 RPages: 11 of 24 O�£me�— 06/27/2012 : M .00 m Steve Moreno 11 .. Cler18k and Recorder $0 Fee: , Weltl County, CO l0�>— Control collateral will be returned to the USR Permittee. 7.6 Acceptable Project Collateral shall be submitted when the Property Owner submits an application for the Grading Permit, Building Permit, or Right- of-Way Access Permit prior to commencement of Site Preparation, as herein defined. 7.6.1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for all improvements are updated and collateral is provided in the amount of One-Hundred percent (100%) of the then current value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations, except with prior County consent. The improvements shall be completed within the time schedule set forth in Exhibit "B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Applicant's operations pursuant to USR11-0019 that require a grading or building permit from the County pursuant to the Weld County Code. In the event that the Improvements outlined in this Agreement and Exhibit A are not completed within one year of the execution of this Agreement Weld County may require Property Owner to obtain current cost figures for one or more of the Improvements. 7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to one-hundred percent (100%) of the total value of the improvements set forth in the Improvements Agreement and the Plat; the LOC shall be subject to the requirements of Weld County Code Section 2-3-30 B. The Property Owner shall utilize only a County approved form when obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.8 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent 8 to one hundred percent (100%) of the value of the improvements set forth >JE in the Improvements Agreement and the Plat. The surety bond shall o 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 6,22. approved form when obtaining a surety bond: (PERFORMANCE BOND ww FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, o o COLORADO). A copy of said form shall be provided to Applicant upon 47U. request. a OIQens 12 ° +c M:\PLANNING--DEVELOPMENT REVIEW\-2011 Planning Referrals\USRIl\USRI1-0019 A&W Everitt\mprovements ^V o AgroemeatUCenne[h Everitt(USRI 1-0019)Final Improvements Agreement (5-2-12).docx N 2 n 010 ON`o mmv 3855212 Pages: 12 of 24 {o�>_ 06/27/2012 11 :18 AM R Fee:$0.00 ��= Steve Moreno, Clerk antl Recorder, Weld County, CO UIII Am'I 1 I IIII 7.9 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to One Hundred Percent (100%) of the value of the improvements set forth in the Improvements Agreement. In the event the applicant is required to warranty the improvements, the applicant shall replace the original deposit with a deposit in the amount of fifteen percent (15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7.10 The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a"three star"rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best. The Board further reserves the right to require Property Owner to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by Property Owner within sixty (60) days of the Board's notice to Property Owner that the rating has fallen and that the collateral must be replaced. Property Owner may not terminate existing collateral until replacement collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 8.1 The Property Owner's Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights-of-way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8 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 8M that the project "as-built" is in substantial compliance with the plans and o� specifications as approved, or that any material deviations have received N prior written acceptance from the County Engineer. m 3 mD�J 10U.8Wam 13 CP a M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRII\USRI1-0019 A&W Everitt\Improvements d v ti— Agreement\Kenneth Everitt(USR I1-0019)Final Improvements Agreement (5-2-I2).docx N g e i 3855212 Pages: 13 of 24 mN°O -e 06/27/2012 11:18 AM R Fee:$0.00 Co v Steve Moreno.. Clerk and Recorder, Weld County. CO I 'Hi 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. 8.7 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, the Property Owner (if Property Owner has supplied any or all of the collateral) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 Following the written request for partial release of the "Project Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on-site and/or off-site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the partial release of "Project Collateral". For all off-site and on-site improvements (including improvements to public rights-of-way or easements), the written request for release of"Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. However, collateral for improvements fully accepted for maintenance by a responsible governmental entity, special district or utility company will be fully refunded to Property Owner. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on-site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the conclusion of the Warranty period. The "Warranty Collateral" shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. maCD. w m3 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 0 .9— LLL "Warranty Collateral" shall be accompanied by "Road Maintenance Collateral"(If Applicable) as specified in Section E.7.5 of this Agreement. da'-- 14 m M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI I\USR11-0019 A&W Everitt'lmprovements 1^a Agreement\Kenneth Everitt(USR11-0019)Final Improvements Agreement (5-2-I2).docx NO ONa 3855212 Pages: 14 of 24 °1a 06/27/2012 11 :18 AM R Fee:$0.00 ^ = Steve Moreno. Clerk and Recorder, Weld County, CO ma � VIII n. I ]44j$4II III "Road Maintenance Collateral" for roads associated with the designated haul route shall be maintained as long as the USR is active. 9.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in part by Property Owner without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In the event of sale of the Property, County may agree to release Property Owner in whole or in part from obligations under this Agreement. County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 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 USR1I- 0019 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 8 a Termination. Operator shall provide written notice to Property Owner and County of 60122 said cessation of activity, which County shall then verify. If written notice is not provided Nm3 to County, Termination of this Agreement shall not occur until County has determined va that the Use by Special Review is inactive, which shall be three (3) years following c P411 County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the Weld County Code. DX vaoZ A" 15 • ° C M:\PLANNING-DEVELOPMENT REVIEW-2011 Planning Referrals\USRll\USRll-0019 A&W Everitt\Improvements �U AgreementUCennuth Everitt(USRI 1-0019)Final Improvements Agreement (5-2-12).docx ay pNo mmvk 3855212 Pages: 15 of 24 >— 06/27/2012 11:18 PM R Fee:$0.00 Steve Moreno. Clerk and Recorrder. Weld County, CO Mm� 11111 ■Ill lh�' 1.2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR11-0019 by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR11-0019 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 — USR11-0019 by New Operator: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR11-0019 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 8 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 N m determine whether Operator and/or Property Owner would be required to perform road w ' maintenance within the following twelve months had the Agreement not been assigned. If oLL o 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 gyp" cost of said maintenance. County shall not execute a new Improvements Agreement ma'- ..Y-F 16 O_�`yv MA\PLANNING-DEVELOPMENT REVIEW\-201 I Planning Referrals\USR11\USRI1-0019 A&W Everitt\improvements .r(2AgrecmcntAKenne[h Everitt(USRI 1-0019)Final Improvements Agreement (5-2-12).docx Na� N N o`i mmmv 3855212 Pages: 16 of 24 06/2tl�>� Steve M2012 11 :18 and R Fee:$0.00 flea= Steve Moreno. Clerk and Recorder, Weld County, CO Main ,III 11 • l„ 1 1 1 1 1 ,I III According to Policy Regarding Collateral for Improvements — USR11-0019 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 — USR11-0019 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 — USR11-0019 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 USR11-0019. 5.0 Consequence of Termination Pursuant to Paragraph E.11.0: In the event that activities related to USR 11-0019 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 IN violated and shall state with specificity the facts and circumstances which the County believes at constitute violation. Property Owner shall have thirty (30) days within which to either cure the o 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 k 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 lom m (if applicable), and/or administrative action of the County to suspend or revoke the underlying am land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld a�. County Code. Violations of the terms and conditions of this Agreement include, but are not rn4o gr limited to, violations of the agreements Property Owner must enter into as required by this �re� Agreement, and/or failure to enter into such agreements in a timely manner. ma" e- w -r a^`u_- M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI I\USR11-0019 A&W Everit0Improvements N Agreement\Kenneth Everitt(USRI1-0019)Final Improvements Agreement (5-2-12).docx CV&2)a. mmvL 3855212 Pages: 17 of 24 06/27/2012 11:18 AM R Fee:$0.00 cOnm'— Steve Moreno, Clerk and Recorder, Weld County, CO Mottim IllreFAPAIMETIVidinLIKKIVIIIIIIiiEIIII I. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the undersigned parties that any person or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. J. Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. Pages: 20 of t260 00 3860002 11,.11 pM R Feey$, weld 1't";;Ir l.11�rlllil,llll Steve Motitit,..07/19/2012 and Rec-, County ivs MEIl 18 MAPLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USR11\USRI1-0019 A&W Eventt\Improvements Agrcement\Kenneth Everitt(USRI1-0019)Final Improvements Agreement (5-2-12).docx 3855212 Pages: 18 of 24 06/27/2012 11:18 AM R Fee:$0.00 Steve Moreno: Clerk and Recorder, Weld County, CO 1111 W APi 1 , „ 11111 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: SIGNATURE LIA-tZ � PRINTED NAME///f /(en -9i-4 h f.- qtr O04. $ S4'?" TITLE(If Other Than Property Owner) / • : ,% PROPER / t j: OWNE' t ESSEE: • I . A �OrOf SIGNATURE ICI?:••UBL..ed., ...aFOOLO — PRINTED NAME _.—1 r fF l3 Kit;el r MlyCommggion 1,47- 114447E Ex1pires 01/26,2014 TITLE(If Other Than Property Owner)zip t o¢T.SOnis /LfAiv46E - G/AT S CE -n-i-a, &Si e: .O---a...,,.... Ate,1 e t'/ STATE OF COLORADO ) ) Ss. County of Weld ) .9 O/0-IPThe foregoing inspvment was acknowledged before me this iAay of\,7 k - , 2011,by 1!enVitaVl tirevt•1 — My commission Expires: I/ /7 /1 �Jvct 1 J - C °�� U t •°"9-0."?..§:DC% •••O..... ......0 -- tQ: NOTARY ' '. BOARD OF COUNTY COMMISSIONERS 1- sdx\PUBLIC...0;i ; : WELD CO ,TOLORADO ':?7F t'AF ' l Weld County Clerk to th Chair Ci' im F. Garcia, Pro-Tem �r<` ° \ JUN 2 5 2012 9 t 1 eld County Ierk to theH. 3860002 Pages: 21 of 26 i�/1GP1" a.,/ 07/19/2012 11:11 RM R Fee:$0.00 !! 7 .;� � Steve Moreno.. Clerk and Recorder. Weld County CO 1.... ), /".:'A illiniCIPaifgrifiliinidali 19 M:\PLANNING-DEV EIAPMENT REVIEWF-2011 Planning Referrals\USRI l\USRI I-0019 A&W Everett\Improvements Agreement\Kenneth Everitt(USRI 1-0019)Final Improvements Agreement (5-2-12).docx 3855212 Pages: 19 of 24 06/27/2012 11:18 AM R Fee:$ rY 111111 Steve Moreno, Clerk and recorder, Weld County'. CO /1111111/ 1 i , 1 i Y�1 I •L•J�yJh��l�� o?O/a -/.7/ APPROVED AS TO FORM: u ty Attomey 3860002 Pages: 22 of 26 07/19/2012 11:11 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO iFYIPAlitilhigG4t'tlli % %E SAM BLPi Bill 20 MAPLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USRI I\USR11-0019 A&W Everitt\Improvements AgreementAKenncth Everitt(USR1I-0019)Final Improvements Agreement (5-2-12).docx 3855212 Pages: 20 of 24 06/27/2012 11:18 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Bill EXHIBIT A- Cost Sheet(OFF-SITE) Name of Subdivision,PUD,USR,RE,SPR: V. J (g Filing/Case k: s cam — Personnel Contact:Name ( ..n 7./pap i u Titleily n Phone 3 o.?'f 97-097( Intending to be legally bound,the sad '_ned Applicant hereby agrees to provide throughout this facility the following improvements. Improvements (OFF-SITE) (Leave spaces blank where they do not apply) Ouantitv Units Unit Costs($) Estimated Construction Chet es) Site Grading Street Grading Street Base Street Paving Curbs,Gutters,and Culverts Sidewalk Stormwater/Drainage Facilities Retention/Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Entrance/Access Improvements Erosion Control Measures/BMP's Road Maint Collateral(per Sec.E.-7.5) ZV°/7'O e7 Dust Control(per Sec.E.-7.5.2) Water Supply Fire Hydrants Survey,Street Monuments/Boxes Parking Area Street Lighting Street Names Signage&Pavement Marking Fencing Requirements Landscaping(Seeding,Trees,etc) Park Improvements 26 0860 00012 11 P12 AM ages: R Fee 23 f$0.00 Steve Moreno, Clerk and Recorder, Weld County CO vL II III SUB-TOTAL: Z yoo,ee, Engineering and Supervision Costs$ (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 2_ya7i Oo 3855212 Pages: 21 of 24 06/27/2012 11:18 AM R Fee:$0.00 Steve Moreno, Clerk ti Rl R Ili�e� 1dCounty Co Bilk" mans u s 1 ful al1'__ Wei II EXHIBIT A - Cost Sheet (OFF-SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: ni- 4- Applicant Title By: Applicant Option-NS IINNp4E2 Date NE /-S ,20 /1 Title ,9 tl� GRATER ≤EtVICE 3855212 Pages: 22 of 24 06/27/2012 11:18 qM R Fee:$0.00 Steve Moreno, Clerk and Recorder Weld County, CO m I I I 1 I I I it'll 3860002 Pages: 24 of 26 07/19/2012 11:11 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■��I iPthiAlitriltn IeI u w Mi'rI NH 11111 • EXHIBIT B-1- J/C Time`/ diet—°19 Schedule(ON-SITE)&(OFF-SITE) cg- Name of Subdivision,PUD,USR,RE,SPR: / 1 Filine/Case If: Location: 44 p Intending b be legally booing the undeniged Applicant hereby agree m to provide tkughew this facility the following ir,Movewenb Qre 54 e4 r!n-3 70 MI improvements shall be completed within years from the date of approval of the final plat Construction of the umprovementa listed In Exhibit A shall be completed as follows: Improvements Time Schedule (Leave spaces blank where they do not apply) I0NSTTE) foam Site Grading Street Grading Street Base Street Paving Curbs,Gutters,and Culverts Sidewalk Stormwater/Drainage Facilities Retention/Detention Ponds Road Culvert ..-Z-d:J 1/ 0 za /7 Grass Lined Swale J Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP'a Laterals(house or building connected) Water Supply and Storage Water Mains(includes bore) Fire Hydrants Survey,Street Monuments/Boxes Parking Area Street Lighting Street Names Signage 8i811ptl4sidmg r O/( /� zp 12., Fencing Requirements Landscaping 8 Park Improvement -S .'. Telephone `imf ° . Gas U Electric (AG3 N m Water Transfer O 2— lint oo N /Pw 4r / �[ .1 Ni 113 p zy` '�r"ddLi Sen7 r/tr-r �Cri"'NH r•' E°Z Fled Completion Date the Proieet dQ i4 m a^dam_ ,., it H g_ 3855212 Pages: 23 of 24 GrNo. •i 06/27/2012 11:18 RRNR Fee:$0.00 Steve�pMoreno, Clerk and Recorder, Weld County CO ',` Oa) Ll111'iF2IIprW�lil�Lr1�l�l7ril�li l a �I-I-1.I tor__ CI Co 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:1P/y✓r4 Applicant �yl�1-C ✓ Date \A re /:;( ,20 / 2 Title By: Applicant OPER zronis `YAHRI It Date I.IdNE /S ,20 /Z Title /WA) L4AT6C ≤LCv10E 3855212 Pages: 24 of 24 06/27/2012 11:18 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ; IIIIII` 3860002 Pages: 26 of 26 07/19/2012 11:11 AM R Fee:$0.00 Steve Moreno.. Clerk and Recorder, Weld County CO ■III l 'yP1rlµ41,14;P40.N*C1404 Ih6LwtIV,i'+1 iI III KENNETH H.EVERITT 0923 45571 WCR 118 PH.970-895-2353 GROVER,CO 80729 ao-456/101i DATE PAYTOTHE ORDEROF VoiC.,r,4 , I $, yip .1 --, __/,'F:„/—_,(O,-„,/ a. a....DOLLARS //` CREOR FCS OFTIE BEET RAI NS,AIN6,PCq 4.50.5 2014 QRFb6Y,CO BOz 81039p<p]1 • PAYABLE THROUGH U.B.AOfl6NK FCB FOR .S�1/-dal MP Hello