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RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT FOR USE BY SPECIAL REVIEW
PERMIT, USR11-0026, AND AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY, 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 15, 2012, the Weld County Board of Commissioners approved
Use by Special Review Permit, USR11-0026, for Noble Energy, Inc., 1625 Broadway,
Suite 2200, Denver, Colorado 80202, for an Oil and Gas Support and Service Facility (water
supply and storage) in the A (Agricultural) Zone District, on the following described real estate,
to-wit:
Lot B of Recorded Exemption #5113; being part of
the W1/2 NW1/4, and part of the E1/2 NW1/4 of
Section 26, Township 6 North, Range 64 West of
the 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 Noble Energy, Inc., with terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is 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 Noble Energy, Inc., be, and hereby is,
approved.
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Steve Moreno. Clerk and Recorder. Weld County. CO
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21)/( 1 2012-3061
PL2150
IMPROVEMENTS AGREEMENT - NOBLE ENERGY, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of October, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST rte'~,
Sean P. Coy, Chair
Weld &unty Clerk to the o (JO
t )Will m F. Garcia, Pro-Te
BY: ,,
Deputy Clerk to the Boar
p Y {
rbara*irkmeyer
APP AS
David E. Long nn--
ounty A rney ld4�atWta
Dougltas Rademacher
Date of signature: /in
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Steve Moreno Clerk and Recorder. Weld County. CO
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2012-3061
PL2150
MEMORANDUM
TO: Clerk to the Board
1861
DATE: 10/25/2012
r
FROM: Richard Hastings, Public Works Department
COUNTY
SUBJECT: BOCC Agenda Item - Approve Improvements
Agreement For:
Noble Energy-Carpio Site- (USRI 1-0026)
Request for Approval of Improvements Agreement:
The Department of Public Works and the Department of Planning Services received a request
from the applicant, Greg Pickerel/Noble Energy, requesting that the Board of County
Commissioners consider approving the Improvements Agreement for an Oil and Gas Support and
Service Facility (water supply & storage) for (USRI1-0026), located on CR's 57 & 66, north east
of the town of Gill.
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.
Collateral:
The applicant does not expect to commence construction of its improvements at this time, and the
Department of Public Works and the Department of Planning Services agree that construction of
the improvements is not required at this time. The Improvements Agreement establishes the
requirements for the posting of collateral.
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 that
no collateral be required at this time for Noble Energy-Carpio Site- (USR 11-0026).
pc: Heidi Hansen, Public Works
Kim Ogle, Planning Services
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IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Noble-Carpio Site—USRI 1-0026
THIS AGREEMENT, made and entered into this 14th day of September 2012 ,
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Noble Energy, Inc., hereinafter called
"Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
LOT A of Recorded Exemption (RECX12-0069) located in the West Half of the
Northwest Quarter of Section 26 Township 6 North, Range 64 West of the 6th
P.M., Weld County, Colorado and
hereinafter referred to as "the Property," and
WHEREAS, County has approved land use permits for an Oil and Gas Support and
Service Facility (water supply & storage) on approximately 622I 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 (USR11-0026), and
WHEREAS, the Property Owner acknowledges that the issuance of USR11-0026 is
conditional upon Property Owner's performance of the on-site and off-site improvements which
are described in this Agreement and depicted in the USR Plat Map and the set of accepted
Construction Plans provided by Property Owner, copies of which shall be attached to this
Agreement as they become available and made a part hereof, as Exhibits C and D, respectively,
and
WHEREAS, the Property Owner acknowledges that it may not engage in any activity
described in USR11-0026 and/or any activity related to the businesses described above until said
improvements have been completed, and
WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County
Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein
or to commence the use of the Property as approved in USR11-0026 within three (3) years of the
approval of the permit issued under USRI Y-0026, may result in the revocation of USR11-0026,
upon consideration and order of the Board of County Commissioners, and
WHEREAS, the Property Owner agrees that the failure to record the plat within the time
limits imposed by the Weld County Board of County Commissioners, may result in the
revocation of USRI1-0026, upon consideration and order of the Board of County
Commissioners, and
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WHEREAS, the parties agree that the Property Owner shall provide collateral for all on-
site and off-site improvements required by this Agreement when; the Property Owner submits
and receives approval of an application for a Grading Permit, Building Permit or for a Right-Of-
Way Permit for construction of accesses and work within the County and/or State of Colorado
Right-Of-Way, or at a time determined acceptable by the Board of County Commissioners.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
A. Required Off-Site Improvements:
1.0 Weld County Road 57: The Property Owner shall be responsible for the
constriction of certain on-site and off-site safety improvements, which shall include:
constriction of adequate turning radii sixty (65) feet at the main entrances and exits which
extend.partially into CR 57 right-of-way (ROW), drainage and signage installations, as indicated
on the accepted Construction Plans. Until the paved truck loading area is constructed 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". County access permit is needed for every access to a County road.
As stated in written referrals and at the Board of County Commissioner hearing for USR11-
0026, Weld County Road is a graded gravel road with limited ability to withstand heavy truck
hauling. The facility will begin initial operations with a limit of 25 truck round trips (50 one-
way trips) per day but have the option to increase to 400 truck round trips (800 one-way trips)
per day if certain road improvements are constructed.
2.0 State Highway 392: As indicated in their written referral regarding heavy truck
hauling from the proposed Noble-Carpio water facility, the Colorado Department of
Transportation (CDOT) has requested construction of turn lane safety improvements at the
intersection of State Highway 392 and Weld County Road 57. At such time as traffic loads
trigger the warrants for the State Highway turn lanes, Property Owner agrees to provide to
CDOT for their review and acceptance, construction drawings and plans, including a
construction schedule for installation of the turn lanes. Application for, and CDOT approval of a
CDOT Access permit will be required.
3.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements, as specified above in Section A.1.0, on CR 57 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
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and Environment, (hereinafter "CDPHE") and other Federal, State or County regulatory
agencies.
4.0 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.
5.0 Construction Standards: All construction and materials controls for a project and
any designated improvements shall conform to the requirements in effect as the time of the
completion of the improvements set forth in the "Standard Specifications for Road and Bridge
Construction" provided by CDOT.
6.0 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". Any construction in the CDOT Right-Of-Way shall require application for and CDOT
approval of a CDOT Access permit and their acceptance of a traffic control plan.
7.0 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. The amount and extent of dust control will be determined by site-
specific conditions at the time, as determined exclusively by County personnel.
If at a future date Property Owner chooses to pave the haul route in lieu of dust abatement
application, or should traffic triggers (as described in Section 8.0 of this Agreement) or road
damages to the un-improved gravel road (WCR 57) necessitate cessation of truck hauling,
Prope-ty Owner shall provide for review and acceptance, construction drawings and plans,
including a construction schedule for road improvements and paving of CR 57.
8.0 Future Improvements: Future improvements to the haul route(s) may be required
by County and will be subject to any Federal, State or County regulations in place at the time the
improvement project is initiated. The following Vehicle Per Day(VPD) Triggers will be utilized:
a. Full Depth Mag-Chloride will be required for initial operations which are defined as no
more than 25 loaded haul trucks per day exiting from the facility onto WCR 57.
b. When daily hauling exceeds 25 haul trucks per day exiting from the facility onto WCR
57, the Property Owner will submit for Public Works' acceptance, a design for Concrete
Treated Base (CTB) with a Chip Seal or Recycled Asphalt Pavement (RAP) topcoat.
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Property Owner will have completed installation of the approved CTB and Seal/RAP
within 6-months. The Property Owner will submit a design capable of providing
adequate structural base improvement to support the facility maximum hauling rate of
400 fully-loaded legal limit haul trucks per day exiting from the facility onto WCR 57.
Geotechnical testing of WCR 57 and construction drawings are to be submitted with the
designs.
c. The Property Owner has the option to provide the Concrete Treated Base (CTB) with a
Chip Seal or Recycled Asphalt Pavement (RAP) improvement at any time subject to
design review by Weld County Public Works.
9.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners,
Property Owner shall not be required to complete the aforementioned offsite improvements as
described in Section A 1.0 until the occurrence of the triggering event for each improvement,
namely the application for the Grading Permit, Building Permit or Right-Of-Way access permit
or the commencement of activities on the property(s). At that time, Property Owner agrees that
the required collateral will be posted and all on-site and offsite improvements shall commence
and shall be completed within the parameters established in Sections A.-3.0 and E.-7.2 and
Exhibit B, herein.
10.0 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.
10.1 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 57. Haul trucks will travel from the site north
on CR 57 to State Highway 392 to disperse further in any direction. Truck
traffic southward on CR 57 from the site will be subject to the provisions of
Paragraphs 1.3, 4.0 of Section B and Section C of this Agreement.
1.2 No haul truck may exceed CDOT required specifications for pounds per
axle.
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1.3 In unusual or rare occasions, if particular projects mandate deviation from
the WCR 57 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, herein designated as Approved Alternative Haul
Route, 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; road
improvements may be required. 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: "Trucks Entering Roadway" signs may be required on CR
57 and/or State Highway 392 as determined by the Weld County Public Works Department or
the State of Colorado Department of Transportation, respectively.
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 as follows:
a. Full Depth Mag-Chloride dust mitigation will be required for initial operations
which are defined as no more than 25 loaded haul trucks per day exiting from the
facility onto WCR 57 and using that road south of the approved facility access.
The amount and extent of dust control will be determined by site-specific
conditions at the time, as determined by County personnel.
b. When daily hauling southward of the approved facility access on WCR 57
exceeds 25 haul trucks per day, the Property Owner will submit for Weld County
Public Works' acceptance, a design of Concrete Treated Base (CTB) with a Chip
Seal or Recycled Asphalt Pavement (RAP). Property Owner will complete
installation of the approved CTB and Seal/RAP within 6-months. The Property
Owner will submit a design capable of providing adequate structural base
improvement to support the facility maximum hauling rate of 400 fully-loaded
legal limit haul trucks per day exiting from the facility onto CR 57. Geoteclmical
testing of CR 57 and construction drawings for the proposed improvements to the
Approved Alternative Haul Route(s) are to be submitted with the designs.
c. The Property Owner has the option to provide the Concrete Treated Base
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(CTB) with a Chip Seal or Recycled Asphalt Pavement (RAP) improvement to
the Approved Alternative Haul Route(s) at any time subject to design review by
Weld County Public Works.
C. Road Maintenance Requirements:
1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be
financially responsible for the excavation, repair, and patching of any damage on current or
future haul route roads, which in the sole opinion of County has been created by hauling to and
from the Property. Should Property Owner's site activities and/or should Property Owner's truck
circulation patterns change in the future so that County approves an alternate haul route, and all
or a significant portion of Property Owner's sourced traffic no longer utilizes the above-
described haul route and instead utilizes other portions of County roads, Property Owner shall
cooperate with County in maintenance of said roads which are included within the new haul
route. The type and method of repair will be determined by the County Engineer or his
representative. Repairs shall commence within 48 hours of notification by the County for any
roadway damage that exposes the driving public to adverse or unsafe driving conditions. All
other repairs shall commence within thirty (30) days of receipt of Weld County's written notice.
Need for Immediate Repairs: In the event of damage to an Approved Haul Route
by Project traffic that causes an immediate threat to public health and
safety or renders the road impassible (`'Significant Damage"), County
shall, after inspection, notify Applicant of such Significant Damage.
Applicant shall identify the repair required and shall consult with County
on the extent, type, timing, materials and quality of repair (i.e. temporary
versus permanent) within twenty-four (24) hours after receipt of such
notice and shall commence such repair within forty-eight (48) hours after
receipt of such notice. If such repair is not commenced within such forty-
eight (48) hour period, County shall have the right to draw on the
Collateral and use such funds to perform such repair. If Applicant
identifies Significant Damage prior to receiving notice thereof from
County, Applicant may commence repair of such Significant Damage and
shall concurrently notify County of the extent, type, timing, materials and
quality of repair(i.e. temporary versus permanent).
On or before December 31 of the calendar year in which the VPD or other
Triggering event occurs, or in any subsequent calendar year in which
County has budgeted sufficient funds for the following calendar year to
pay its share of the Off-Site Improvement Costs, County shall notify
Property Owner in writing that the Off-Site Improvements must be
undertaken in the following calendar year, and completed on or before
October 31 of that year. Within ninety (90) days of its receipt of County's
notice Property Owner shall submit Off-Site Construction Plans and Cost
Estimates to County for review. Following acceptance of the Off-Site
Construction Plans by County, which shall not be unreasonably withheld
or delayed, Property Owner shall provide County with an estimated cost
for the proposed Off-Site Improvements, together with Collateral.
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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. Notification to the Property Owner of the required roadway repairs will be given as soon
as the data becomes available.
3.0 Future Road Replacement: At any time in the future, if, in the opinion of the
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 the cost of a complete restoration of the
damaged road sections. Notification to the Property Owner of the required roadway replacements
will be given as soon as the data becomes available and typically takes place before the end of
the year prior to the start of the replacement project, as described in Section C.1 above.
4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is
anticipated that Property Owner and other Property Owners and/or Lessees subject to agreements
similar to this Agreement will perform the required road maintenance work and will share in the
equipment, labor, and materials required. Any such sharing arrangement between Property
Owner, and other Property Owners and/or Lessees shall be conducted pursuant to separate
agreements between the Property Owner and other Property Owners and/or Lessees. County
shall approve the Agreements only to determine whether the required
improvements/maintenance projects have been adequately addressed. County alone shall
determine the sufficiency of all road improvement/maintenance projects when completed.
5.0 Violation of Terms of Agreement: If Property Owner does not perform as
outlined in this Agreement and Exhibits A and B such non-performance will constitute a
violation of Property Owner's land use permits granted by County, and County will take
whatever remedial measures it deems necessary, against Property Owner. In addition to any
other remedy available to the County in law or equity, a failure 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 USR11-0026 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 USR11-0026 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 USR11-0026 plat map.
Additionally, the Property Owner shall install and/or maintain fencing to screen the property
where applicable as indicated on the accepted and approved construction plans and USRI 1-0026
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.
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2.0 On-Site Grading, Drainage Facilities and Paving: Property Owner shall, at its
sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and
parking areas, and install accepted drainage and signage components, adjacent to or within the
interior portion of the property in accordance with the directives of the Weld County Department
of Public Works and Department of Planning Services, as further described in the accepted
Construction Plans and USR11-0026 Plat Map. Prior to constructing the paved truck loading
area the main entrance improvements will include; construction of adequate turning radii at the
main site entrances onto CR 57, 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 57. 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.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners,
Property Owner shall not be required to initiate the landscaping requirements until the
occurrence of the triggering event for all improvements, namely the approval of the grading
permit or an amendment to the existing USR. Except with prior County consent, no grading
permit will be released until collateral is posted for all on-site and off-site improvements and the
final Construction Plans have been submitted to and accepted by the Department of Public
Works. Access and/or Right-Of-Way permits might also be required prior to approval of the
grading permit. Final 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
Owne-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
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M:APLANNING. DEVELOPMENT REVIEW\ 2011 Planning ReferralsV LISP IldJSRII-0026 Noble Water CmpioUmprovements
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conform to the standards and criteria established by the County for public
improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road
improvements on public rights-of-way or easements and all improvements
interior on the Property for approval prior to the letting of any construction
contract.
2.0 Rights-of-way and Easements: Before commencing the construction of any
improvements herein agreed upon for public rights-of-way or easements, Property Owner shall
acquire, at the sole expense of Property Owner, good and sufficient rights-of-way and easements
on all lands and facilities traversed by the proposed improvements. All such rights-of-way and
easements used for the construction of roads to be accepted by the County shall be conveyed to
the County and the documents of conveyance shall be furnished to the County for recording.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and USR11-0026 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
Exhib'.t 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.
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NI.PLANNING-DEVELOPS/1CM REVIEW\-20I I Planning ReferralsV11SR 1 I A11Slt 11-0026 Noble Water CmpioAlmprovements
AgreementANoble-Catpio Site USRI 1-0026 Final IA(9-4-12).docx
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Steve Moreno. Clerk and Recorder. Weld County, CO
■IIIhYr�P1? P�'�k'JWttil�I JINIVIlinfinkil II III
4.0 Release of Liability: To the extent allowed by law, each party to this Agreement
(the "Indemnifying Party") shall indemnify and hold harmless the other party (the "Indemnified
Party") from any and all liability, loss and damage the Indemnified Party may suffer as a result
of all suits, actions or claims of every nature and description caused by, arising from, or on
account of the negligent or intentional act of the Indemnifying Party or its officers, agents,
employees, except for the liability, loss, or damage arising from the negligent or intentional act
of the Indemnified Party. All contractors and other employees engaged by Applicant and County
in construction of the On-Site and Off-Site Improvements shall maintain adequate worker's
compensation insurance and public liability insurance coverage, and shall operate in strict
accordance with the laws and regulations of the State of Colorado governing occupational safety
and health. The obligations of the Applicant under this paragraph shall not extend to any
judgments against County which are in excess of the limitations on liability set forth in the
Colorado Government Immunity Act, C.R.S. Section 24-10-101, et. seq., to the maximum extent
that such limitations or liability are applicable.
5.0 Warranty of On-Site and Off-Site Improvements: Property Owner shall warranty
all improvements to public rights-of-way, (if any), and all privately created and maintained roads
or rights-of-way, or easements, and all on-site improvements for a period of two (2) years. The
warranty period shall begin only after the County's execution of a written acceptance of the
improvement(s).
6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon
compliance with the following procedures by the Property Owner, the improvements shall be
deemed accepted by the County.
6.1 If requested by the Property Owner and approved by the County, portions
of the improvements may be placed in service when completed according
to the schedule shown on Exhibit "B," but such use and operation shall
not, alone, constitute an acceptance of said portions of the improvements.
6.2 County may, at its option, issue building permits for construction for
which the improvements detailed herein have been started but not
completed according to the schedule shown on Exhibit "B," and may
continue to issue building permits so long as the progress of work on the
USR improvements in that phase of the USR is satisfactory to the County,
and all terms of this Agreement have been faithfully kept by Applicant.
6.3a Upon completion of the construction of the required off-site
improvements, and the filing of a Statement of Substantial Compliance by
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
10
M:APLANNING—DEVELOPMENT REVIEWV-2011 Planning ReferralsVUSR I IAUSR I 1-0026 Noble Water CarpioUmprovemcnts
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Steve Morena. Clerk and Recorder. Weld County, CO
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deficiencies. The County Engineer shall reinspect the improvements after
notification from the Property Owner that said deficiencies have been
corrected. If the County Engineer finds that the improvements are
constructed according to County standards, he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer for acceptance of
improvements within the USR, the Board of County Commissioners shall
fully accept said improvements.
6.3b Upon completion of the construction of the required on-site
improvements, and the filing of a Statement of Substantial Compliance,
when necessary, by Property Owner's engineer, the Property Owner may,
as set forth in Paragraph D.4.0, request in writing that the County inspect
the improvements and recommend to the Board of County Commissioners
that the improvements be accepted and further that the two-year warranty
period begin. Upon completion of the two-year warranty period, the
County Engineer and/or the Weld County Department of Planning
Services shall, upon request of the Property Owner, inspect the subject
improvements, and notify the Property Owner of any deficiencies. If any
deficiencies are discovered, the Property Owner shall correct the
deficiencies. The County Engineer and /or the Department of Planning
Services shall reinspect the improvements after notification from the
Property Owner that said deficiencies have been corrected. If the County
Engineer and/or Department of Planning Services find that the
improvements are constructed according to County standards, he or she
shall recommend full acceptance. Upon a receipt of a positive unqualified
written recommendation from the County Engineer and/or the Department
of Planning Services for acceptance of improvements within the USR, the
Board of County Commissioners shall fully accept said improvements.
7.0 General Requirements for Collateral:
7.1 County requires Property Owner to provide collateral to guaranty all of
Property Owner's obligations under this Agreement: (1) Project Collateral
for completion of all improvements described in this Agreement shall be
provided separately for on-site improvements and off-site improvements;
(2) Warranty Collateral required for all improvements during the warranty
phase; and (3) Road Maintenance Collateral (If Applicable) to be kept in
place for the life of the permit.
7.2 Project Collateral submitted to Weld County to guarantee completion of
the improvements indentified on the accepted Construction Plans and
USR11-0026 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
II
M:APLANNING-DEVELOPMENT REVIEW'.-201 I Planning Referrals'U SRI IAUSRI 1-0026 Noble Water CarpioIImprovements
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Steve Moreno Clerk and Recorder, Weld County, CO
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involving turning radii and approaches can be included as part of the On-
site collateral amount, if clearly delineated on accepted Construction Plans
and differentiated as "Entrance Improvements" on Exhibit "A" On-Site
Improvements of this Agreement. This collateral must be submitted to
County upon the submission of the Property Owner's application of a
grading, building, and/or right-of way permit, or at a time determined
acceptable by the Board of County Commissioners, and shall be held in
total by County as provided in Paragraph E. 7.3 below until all
improvements have been completed.
7.3 Warranty Collateral for all on-site and off-site improvements shall be
submitted to County and shall be held in total by the County for two (2)
years following its written acceptance of the improvement(s).
7.4 In the event Property Owner fails to adequately complete and/or repair
improvements associated with this Improvements Agreement, County will
access, in its sole discretion, Project or Warranty Collateral to the extent
necessary to complete said improvements or repairs in order to preserve
public interest.
7.5 Road Maintenance Collateral shall be submitted to County upon the
release of the warranty collateral by the Board of County Commissioners
or at the time of approval of this Agreement, if no Project Collateral was
initially submitted. Road Maintenance Collateral is held for use on roads
associated with the designated haul route. The amount of the collateral
required for road maintenance shall be one percent (1%) of the initial
Project Collateral listed on Exhibit "A" — Cost Sheet (OFF-SITE) of this
agreement. If no Off-Site Collateral is submitted, the amount of Road
Maintenance Collateral shall be one percent (I%) 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 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
12
M.PLANNING-DEVELOPMENT REVIEWv:-2011 Planning ReferralsVUSR I IAUSRI 1-0026 Noble Water CarpioAlmprovements
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Steve Moreno. Clerk and Recorder. Weld County: CO
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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 afrer 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.7.0 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 wben 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 USRI 1-0026 that require a grading or building permit
from the County pursuant to the Weld County Code. In the event
that the [mprovements outlined in this Agreement and Exhibit A
�3
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are not completed within one year of the execution of this
Agreement Weld County may require Property Owner to obtain
current wst 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: (1RRVEVOCABLE STANDBY LETTER OF
CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD
COLTNTY, 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 £orm 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.
79 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.
710 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 fonn of a performance bond offered by an insurance
company which does not havc 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
eollateral until replacement collateral has been secured.
14
M:APLAIJNING—DBVELOPMGNT REVIEW\-2011 Planning ReRrralsVU51211AUSRI I-0026 Noble WatcrCaq>ioAfmprovc7nrnls
Ag�eemrntANoble-CaryioSiteUSRlI-00261'inallA(9-412).docx 3$$7213 PdgE5: 16 of Z$
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8.0 Rectuest 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 poRion of the project by Weld County, the Property Owner must present a
Staterrient of Substantial Compliance from an Engineer registered in the State of Colorado. The
Statea�ent 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-builP' 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-bui1P' is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received
prior written acceptance from the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
8.5 A letter must be submitted from the appropriate Fire Authority, if
applicable, indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are operational
and, if required by the County, state the results of fire flow tests.
8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the
final Construction Plans.
8.7 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the Weld
County Department of Planning Services and the Weld County
Department of Public Works, the Property Owner (if Property Owner has
supplied any or all of the collateral) may request release of the collateral
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
is
M:APLANNING—DEVELOPMCN�REVIEW�-2011 Planning Refertnls�USRI IAUSR11-0fY16 Noble WuterCaryioAhnFlrovements
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Steve Moreno, Gerk and Recorder, Weld County. CO
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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 righis-of-way or
easements), the written request for release of"Project Collateral" shall be
accompanied by "Warranty CollateraP' in the amount of fifteen percent
(15%) of the value of the improvements as shown in this Agreement.
However, collateral for improvements fully accepted far maintenance by a
responsible govermnental entiry, special district or utility company will be
fully refunded to PropeRy Owner.
89 Following the written request for release of the "Warranry 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.
810 For all off-site and on-site improvements (including improvements to
public rights-of-way or easements), the written request for release of
"Warranty CollateraP' 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 Assians: This Agreement may not be delegated, transferred or
assigm:d in whole or in part by Property Owner without the express written consent of County
and th.e 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, Counry may agree to release Property Owner in whole or in
part from obligations under this Agreement. County's rights and obligations under this
Agree�nent shall automatically be delegated, transferred or assigned to any municipality which,
by anc. through annexation proceedings, has assumed jurisdiction and maintenance responsibility
over fne roads affected by this Agreement. All of the terms and conditions set forth in this
Agreement shall be binding upon the heirs, execurors, 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 Countv 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 Az�reement: If in County's opinion, Property Owner has
violata;d any of the terms of this Agreement, County shall notify Property Owner of its belief that
the A;reement has been violated and shall state with specificity the facts and circumstances
which County believes constitute ihe violation. Property Owner shall have fifteen (15) days
ie
M:AYLAPlNING-DEVELOPMFNI'RGVIGbVA-2011 Planning Refe�rals`,USR I IAUSR I 1-0026 Noblc Water CaryioAImprovements
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Steve Moreno. Clerk and Recorder, Weltl Gounly, G0
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within which to either cure the violation or demonstrate compliance. If, afrer fifteen (15) days
have e lapsed, County believes in good faith that there has been a violation of the terms of this
Agreernent, County shall initiate proceedings to revoke the permit which is the subject matter of
this A�;reement. 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
Agreernents in a timely manner.
F. Tennination of AQreement:
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 USRll-
0026 or any amendments thereto. A partial cessation of activities shall not constitute a
Termination of this Agreement, nor shall County's issuance of a partial release constitute
a Termination. Operator shall provide written notice to Property Owner and County of
said cessation of activity, which County shall then verify. If written notice is not provided
to County, Termination of this Agreement shall not occur until County has determined
that the Use by Special Review is inactive, which shall be three (3) years following
County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the
Weld County Code.
1.2 Execution of Replacement "Improvements Agreement Accordin� to
Policv Re�ardine Collateral for Imvrovements — USRI 1-0026 bv New Property Owner:
This Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USRl 1-0026
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.
13 Execution of Replacement "Imorovements Agreement AccordinQ to
Policv Re�ardin� Collateral for Improvements — USRll-0026 bv New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for lmprovements — USRl 1-0026
with a new operator who has assuined 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 Followinq 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. Thc 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 die improvements and/or road maintenance obligations
outlined herein, said obligations must be completed witbin a reasonable period of time
n
M:U'LAtdNING—DF.V�I.OP�IEN"f RCVICW�:-2011 Planning Refe�ralsVUSRI IAUSRI I-0026 Noble WaterCaryioAhnpmvemwts
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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.
22 Termination Procedures Pursuant to Transfer of Ownership of the
Propertv 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 ihe date of transfer, and identifying the party to
whom the transfer shall be made. Following receipt of the Notice to Transfer, County
shall inspect the improvements required under the terms of this Agreement to determine
whether the improvements have been completed. If the improvements have not been
completed, the Property Owner and/or Operator shall either complete the improvements
or post collateral equal to the cost of the completion of the improvements, if such
collateral is not in place. If collateral is available at the time, Counry 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 — USRlI-0026 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 bv Cessation of Permit Related Activities:
FolloNiing County's confirmation ihat 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 unYil approved by County following execution of a new Improvements
Agreeinent According to Policy Regarding Collateral for Improvements — USRI 1-0026 with a
Prope�ty Owner and Operator.
4.0 Consequence of Tennination bv Execution of Replacement Improvements
A�:nent: Following County's execution of an Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR11-0026 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 USR11-0026.
5.0 Consequence of Termination Pursuant to ParaQraoh E.11.0: In the event that
activities related to USRll-0026 cease as a result of the revocation of the peiroiit 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 O�rner's
ia
M:�PLACdNWG—DEVGLOPMHNTRGVIR\V\-2011 PlannfngRefe�rals\USRII\USRII-0026NobleWaterCnrpio\Improvements
AgreementANoble-Ca�fo Sfte USNI I-00?6 Ffnnl IA(9-4-12).docx 3887213 Page5: 20 of 2$
11/08/2012 11:53 RM R Fee:$0.00
Steve Moreno, Clerk and Recortler. Weld Caunty, CO
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succes�ful completion of all improvements required under this Agreement or afrer County
accesses the collateral to the extent necessary to complete improvements County, in its sole
discretion, deems necessary to preserve public interests.
G. Governmental Immunitv: 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 hereafrer amended.
H. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms
of this Agreement, County shall notify property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which the County believes
constitute violation. Property Owner shall have thirty (30) days within which to either cure the
violation or demo�strate compliance. If, after thirty (30) days have elapsed, County believes in
good 1=aith that a violation of the terms and conditions of ihis Agreement still exists (despite
cure), County may enforce by any legal means, including, but not limited to, legal action for
equitaUle 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 ihe underlying
land u�e permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld
Count;y 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
Agree�nent, and/or failure to enter into such agreements in a timely manner.
I. No Third Partv 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 induded 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. Authoritv to Sign: Each person signing this Agreement, and associated Exhibits,
repres�nts 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[he 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(��) days of receiving such request.
3887213 Pages: 21 of 28
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�III Ri�'�PL'��Ih�'F+Y Jt+�tiR�+�CI�I�WIMI,W�,14�,�+4�,�1��1 �I III
19
M:U'LAIJNING-DEVELOPMF.NT REVIEW\-2011 Planning Rc(crtnls\USKI I\USR 1 I-0026 Noblc Walcr Carpio\Impmvcmrnls
AgreementWoble-Cnryio Site USRI I-0026 Ffnai lA(9-4-12).docx
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
PROPLRTY
OWNI:R:
SIGNATURE ` �
PRINTED NA E �AV��eI '��CIIV �''��`
TITLE (If Other Than Property Owner) A�'`'1�1�Y�r - I Vl '�/�GI
STAT:E OF COLORADO )
) ss.
Counry of Weld )
I I
Th� e e g/�'nst ment as a l owledged before me this 1� l day of _-��)(.�';
2012, 'oy ���I�k ( � ��
WITNESS my hand and official seal. - � � � �'� , �
,, i
otar Pu lic
My commission Expires: �� - �� � ����
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � � �
Sean P. Conway, Chair
;� �� . OCT 2 9 20�2
� Ww�� ►.�alnwearAlS�Jlti '���� ``.o°�vpN2Al f�p'"•-,,,
?�':'' `l •. o:
Weld�County Clerk to the Board =!�: ��_ � '•. p�
r . �.. : � �
Ib6l CJ � _ �' � ..� � : o :
.�� � � --. �. �v , o r.
% � � � �� � r� V r..
BY: � �� . ' ' ptt °� ✓s•� o� '
� � � �e,
Deputy Clerk t6 the Board �"'" !� S 7nrt�
�°'^,,,,�������,,,,
APPROVED AS TO FORM:
ounty Attorney
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M:U'LAiJNING—DGVGLOPMENTR6VIeW\-2011 PlanningRefc�r.ds\USILII\USRII-0026NobleWaterCaepio\Improvements
AgreementANoble-Ca�pfo Site USILI I-0026 Finel IA(9-4-12).docx
3887213 Pages: 22 of 28
11/08/2012 11:53 RM R Fee:$0.00
S[eve Moreno Clerk and Recorder, Weld Co�nty C0
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EXHIBIT A - Cost Sheet (OFF-SITE)
Name of Subdivision,PUD,USR,RE,SPR: Noele Ener9y Carpio Farm water Storage Pona Filinp,/Case#:USR11-002s Location:Nwl4 526 T6N R64W
Personuel Cmtac[:Name Greg Pickerel Title QM�__p /n� Phooe 1 1'-"S-S�i ! �� 7
/ntendin m be/ega[/ bound,!he undersi ned A /ican!hereb a rees(o rovfde Ihrou haut[N!s acilit fXe o/[owln im rovements
Improvements (�FF-SITE)
(Leave spaces b7ank where they du not app[y)
uanti Units Unit Cos[s!$1 Estimated ConeMuction
Site Grading
Street Grading
Street Base
Street Paving
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Draina�„e Facilities
Retention/Detentia�n Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Se�+vage Facilities
Entrance/Access Improvements
Erosion Control M<�asures/BMP's
Road Maint Collat�eral(per Sec. E:7.5)
Dust Control(per Sec.E:7.5.2) s ea e,000 5so,000
Water Supply
Fire Hydrants
Survey,Street MonumentsBoxes
Parking Area
Street Lighting
Street Names
Signage&Pavement Marking
Fencing Requirements
Landscaping(Seeding,Trees,ete.)
Park Improvement�a
3887213 Pages: 23 of 28
11/08/2012 1:,:53 LiM R Fee:$0.00
Steve Moreno. (:Lerk and Recortler, Weld Co�ntY C0
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SUB-TOTAI.: � � , . �. . 5ao,000
Engineering and Supervision Costs$ �
(Testing,inspection,as-built plaos and work in addi[iou to prelimivary and final plat, supervision of aetual cons[ruetion by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ s3o,000
EXHIF�IT A - Cost Sheet (OFF-SITE) - Signature Page
The above iinprovements shall be coostructed in accordance with all Counry requirements and specifications,
and conformance with this provision shall be detennined solely by Weld County, or its duly authorized agent.
Said irnprovements shall be completed according to the construction schedule set out in Exhibit B
By: �
Applicant
�ca� l}'�,�,,,.._ „� Date l � lJ.u/.L , 20��__
�����
Title
By:
Applicant
Date ,20
Title
3887213 Pages: 24 of 28
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Steve Moreno, Clerk and Recortler, Weld CountY� GO
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EXHIBIT A- Cost Sheef (ON-SITE)
Name of Subdivision,PUD,USR,RE,SPR: Noble Energy Caryio Farm Water Storage Pontl Filinp,/Case#:USR11-o026 Loca[ion:NWl4 526 TSN RsaW
Personnel Contact:Name Greg Plckerel Title 1'MD m�Phooe y�O SSG `���Y
/nfendinq[obe(egallyhound,theundersi nedA licanthereb a reesta roviAelhrou hautthis arili �the ollowin im ravemenfs
Improvements (ON-SITE)
(Leave spaces binnk where they do riot apply)
uanti[ Units Uoi[Costs($) Estima[ed Construc[ion
SiteGrading is,e�s sv aoo a�.ozs
Street Grading 5,905 sv 5 ss,ers
Street Base �32a cv ao as,soo
Street Paving ess cv +oo sa,zoo
Entrance Improvemsnts(PerSec. E.-Z2) ssx cv ioo ae,zoo
Curbs,Gutters,and Culverts _ - _ _
Sidewalk - _ - -
Stormwater/Draina;;e Facilities _ - _ _
Retention/Detentian Ponds sa,aoo sv a �a,zoo
Road Culvert �o �F ioo �.000
Grass Lined Swale i,4Za LF 3 a.z�z
Di[ch Improvements _ _ _ _
Subsurface Drainage _ . _ -
Sanitary Sewers/Se�vage Facili[ies _ _ _ -
Water Supply i,00s LF 2o as,i�s
Erosion Control MeasuresBMP's � �s s,000 e,000
Fire Hydran[s _ - _ -
Survey,StreetMonumentsBoxes � �s z.000 x000
Parking Area s,�zi sF s aa,sos
Stree[Lighting - - - -
Street Names - - - -
Signage&Pavemen[Marking � �s moo i000
Eencing Requirements 2,zso �F +s 33,800
Landscaping(Seeding,Trees,etc.) � �s e,000 s o00
Park Improvements
3887213 I�ages: 25 of 28
11/08/2012 11:53 fiM R Fee:$0.00
Sleve Moreno CL:rk and Recortler, Weltl Gounty, GO
�IIIRi�iPl?��P���M�JIWh,6M4r1� Gh�LG4h��IW:N��IH��� �IIII
SUB-TOTAL: , � � � � � � � 83sssz�
Engineering aud Supervision Costs$ �9�9g1
(Tesfing,inspection,as-built plans flnd work in addition to preliminary and final plat;supervision of actual coustruction by contrac[ors)
TOTAL ESTIMATEG COST OF IMPROVEMENTS AND SUPERVISION $ 47s.soa
E��I�BYIT:A :-:CQs� Slieet (�11� SlTE) ��ignat�re Page
The above improvements shall be constructed in accordance with all County requirements and speciftcations,
and confonnance 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: �L
Applicant
���C-�- /�a-n4� Date �'/Y , 20 ��
Title
By:
Applicant
Date , 20
Title
3887213 Pages: 26 of 28
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Sleve f�oreno. Glerk and Recorder, Weltl Gounty, CG
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EXHIBIT B-Time Schedule (ON-SITE) & (OFF-SITE)
Nem¢of$ubdivlSlOq PUD�CSR�RE�$PR:Noble Enerqy Carpio Farm Waler5brage Pond Filing/CeSf�l:USR11-0026 LOCation:NWl4 S2fi TfiN R64W
Intending ro be(egallY bound.rhe undersiSned Applicant herebY a3reca ro prnvide thrnugl�out rNls fari(iN wefollowing io�provemena.
All improvemonts shall be comple[ed within � years from the date of approval of the fnal plal.
Construction>(the um rovements listed in Ezhibil A shall be com le[ed as follows:
�mpmvemeo�s Time Schedu[e
(Leave spacea'blonk where Niey do not app/y)
p( NS[TEj (OFF-SITB']
Slte GI'adln„ JarvApril 2013
Stree[Grading Marc1�2013
Street Base Marcn zi-2e,zo13
SI�CCI P3VIfls April 1�9,2013
Curbs,Gutlers,and CuWcrts
Sidewalk
Stormwa[erlDrainagc Facilitles
Reten[iou/�Detentlon Ponds nna,�n-np��i zoi3
Road Culver[ qp�i��2013
Grass Lined Swale Mayzoia
Di[eh Improvemen[s
Subsurfacc Drainage
Sanitary Sewers/Scwage Facilitics
Sanitary Scwer Forced Main
Erosion Control Measures/BMP's
La[erals(house or building connec[ed)
Water Supply and Smrage dune 2oia
Wa[er Mains(includes bore)
Fire Hydra�.nts
Survey,Stree[MonumentslBoses danuaryi-ia,zoia
Parking Area �wyzma
S[reet Ligh tlng
Strcet Names
Signagc&I?avemen[Marking n�g�mzo�a
Fencing Requirements sepiemee�sma
Landscapin� ocmber2oia
Park Improvements
Telephone
Gas
Electric pages: 27 of 28
3887213
N'a[erTransfer 11/08/2012 11:53 RM R Fee:$0.00
Steve Moreno, C1erY, and Recorder.. Weld CounlY� �0
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Final ComolePon Dafe Por En[ire Proiect
EXHIB�IT B - Time Schedule- Signature Page
The Counhy, at its option, and upon the req�est of the Applicant, may grant an extension of time for completio�
for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot
be met.
By: �� '
Applicant
�. • � //� Date / /�7 , 20�
Title
By:
Applicant
Date , 20
Title
3887213 Pages: 28 of 28
11/08/2012 11:`'�3 RM R Fee:$0.00
Steve Moreno. Clerk and Recorder. Weld Countv: CO
�IIIRi�iPl?��P���ksY�lf�hl �i�l�l�'���4��.�+�hRlil�T�G�J,IN��I �IIII
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