HomeMy WebLinkAbout20112374.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 #1687 - JOURNEY
VENTURES, LLC
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 April 22, 2009, the Weld County Board of Commissioners approved a
Site Specific Development Plan and Use by Special Review Permit #1687, for Journey
Ventures, LLC, P.O. Box 129, Greeley, Colorado 80632, for Mineral Resource Development
Facilities, including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch
Plants, along with importation of resource material, in the A (Agricultural) Zone District, on the
following described real estate, to-wit:
Lots A and B of Recorded Exemption #4744;
located within the SE1/4 and SE1/4NE1/4 of
Section 7, Township 5 North, Range 64 West of 6th
P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements Agreement According to Policy Regarding Collateral for Improvements
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Journey Ventures, LLC, with terms and conditions being
as stated in said agreement, and
WHEREAS, the Board has been presented with Performance Bond #34BCSFX7461
from Hartford Casualty Insurance Company, One Hartford Plaza, Hartford, Connecticut 06155,
in the amount of $31,800.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Performance Bond as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements Agreement According to Policy Regarding
Collateral for Improvements between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Journey Ventures, LLC, be, and hereby
is, approved.
t PL, eu3 2011-2374
15 11 PL2007
IMPROVEMENTS AGREEMENT- JOURNEY VENTURES, LLC
PAGE 2
BE IT FURTHER RESOLVED that Performance Bond #34BCSFX7461 from Hartford
Casualty Insurance Company, One Hartford Plaza, Hartford, Connecticut 06155, in the amount
of $31,800.00, be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of September, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ADO
ATTEST: Ibi'
B tiara Kirkmeyer, C air
Weld County Clerk to the Board p
Eta can P. , Pro-Tem ci
BY:Deputy CI to the Boa
r,;;;•` i F. Garcia
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APPReVED AS M: ®�
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o y Attorney •NC (� TgrrQtlr,n e.� `
uglas ademacher
Date of signature: 0
2011-2374
PL2007
I86I MEMORANDUM
20I I
TO: Board of County Commissioners
DATE: 8/29/11
WELLi -COUNTY
FROM: Chris Gathman, Planning
David Bauer, Public Works
SUBJECT: Acceptance of Collateral for USR-1687
The Departments of Planning Services and Public Works received collateral in the form of a
bond in the amount of Thirty One Thousand Eight Hundred Dollars ($31,800.00) for off-site and
on-site improvements for Use by Special Review Permit#1687 (Journey Ventures, LLC), a sand
and gravel pit located north of WCR 58. Triggered additional road improvements for widening of
WCR 58 will be collateralized when the improvements are warranted by traffic counts.
Collateral covering the following items:
On-Site Fencing, Signs, Entrance Improvements estimate $ $20,270.
WCR 58 & 53 Intersection Improvements estimate $ $11,530
WCR 58 Road Widening estimate $ $115,697.
The Improvements Agreement and collateral has been reviewed by the Departments of
Planning Services and Public Works and it has been determined that the amount of collateral is
sufficient to cover the proposed improvements.
The Departments of Planning Services and Public Works recommend acceptance of this
collateral.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
tit
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Journey Ventures LLC. — USR-1687
THIS AGREEMENT, made and entered into this 7 LA day of , 2011,
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Journey Ventures LLC., hereinafter called
"Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lots A & B of Recorded Exemption RE-4744 in
Parts of Sections 7, Township 5 North, Range 64
West of the 6th P.M. Weld County, Colorado and
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has acquired land use permits from County for a Mineral Resource
Development Facility including Open Pit Mining and Materials Processing and Asphalt and
Concrete Batch Plants along with importation of resource material on approximately 84.63 acres
on the above described real property, and the County is currently in the process of considering a
Use-by-Special Review for the Property, and
WHEREAS, the Property Owner acknowledges that the issuance of USR-1687 is conditional
upon Property Owner's performance of the on-site and off-site improvements which are
described in this Agreement and depicted in a set of plans provided by Property Owner
(hereinafter referred to as "Plans", a copy of which is attached to this Agreement and made a part
hereof, and �bm�
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WHEREAS Property Owner acknowledges that it may not engage in an activity described in O'rtaul
p Y gany T�mN
USR-1687 until said improvements have been completed, and N CO
WHEREAS, the parties agree that Property Owner shall not be required to commence work on
the on-site or off-site improvements, nor to provide collateral for said improvements until VEDA
Property Owner submits and receives approval for a grading permit or for a Right-Of-Way �3y
permit for construction of accesses and work within the County Right-Of-Way .
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NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and aN
covenants contained herein, the parties hereto promise, covenant and agree as follows: m�
A. Required Off-Site Improvements
1.0 Weld County Road (WCR) 58 & Weld County Road 53:
The Property Owner shall be responsible for the construction of certain on-site and off-site safety
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improvements which shall include:
1.1 Construction of 60-foot turning radii at the intersection of WCR 58 and WCR 53
1.2 Construction of a left turn lane on WCR 53 for northbound traffic turning west onto
WCR 58. The left turn lane shall be 400 feet in length including the beginning of taper.
The re-direct taper will be additional length.
1.3 Construction of acceleration and deceleration lanes at the USR entrance on WCR 58.
1.4 Construction of(40) feet turning radii, drainage and signage installations, at the
main gravel pit entrance and exit onto WCR 58, as indicated on the approved
construction plans. The entrance improvements shall include asphalt paving from
the access point to the existing cattle guard (minimum 100' x 24').
1.5 Construction of road safety improvements to WCR 58 including paving and wider
shoulders between the USR site entrance and WCR 53, approximately 1.2 miles
according to pavement design and construction plans prepared by the Property Owner
submitted to and accepted by the Department of Public Works.
1.6 Installation of a`Trucks Turning' signs on WCR 58 at a locations east and west of
the gravel pit entrance at distances determined by the Weld County Department of Public
Works.
2.0 Road Improvements Responsibilities:
2.1 Property Owner is solely responsible for all designated improvements, as
specified above in Section A.1.0, on WCR 58 and WCR 53, which responsibilities
include, but are not limited to the following: design, survey, utility locates,
present and future right-of-way clearances and permits, coordination with oil and
gas operators and facilities, affected railroad facilities and affected irrigation
facilities, traffic control, and project safety during construction. Any other future
USR or amended existing USR abutting and/or adjacent to the designated
improvements above shall pay a proportionate cost share of the improvements
which shall be reimbursed to the Property Owner. Property Owner shall obey all
applicable regulations issued by the Occupational Safety and Health
Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public
Health and Environment, (hereinafter"CDPHE") and other regulatory agencies.
2.2 For the Improvements detailed under sections A.1.2 and A.1.5 above,
Property Owner shall pay a proportionate cost share based on the number of truck
trips entering and exiting Property Owner's site using the then current traffic
count data on the haul route and calculated using the ESAL Calculation Method.
County personnel alone shall make all determinations regarding the gathering and
use of traffic data when making decisions regarding cost sharing. As mutually
agreed under a future separate agreement, payment for Property Owner's cost
share of improvements may be provided by in-kind contributions of work,
materials or both.
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Carly Koppes, Clerk and Recorder, Weld County, CO
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3.0 Engineering Design and Construction Plans: All engineering designs and
construction plans provided by Property Owner shall include, at a minimum, geotechnical data,
ingress/egress entrance intersection layouts, existing and proposed grading, drainage designs,
storm drainage pipe sizings and inverts, a cross section of the base/asphalt, approach roads and
adequate turning radii, and pavement markings. In addition, a geotechnical asphalt pavement
design to accommodate heavy truck traffic, prepared by a Professional Engineer licensed to
practice in Colorado, is required for WCR 58 and WCR 53. 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 right-of-way 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 issuance of any access permit or right-of-way permit, a construction
schedule giving times and locations of all proposed improvements shall be provided to Public
Works for review and acceptance.
4.0 Construction Standards: All construction and materials controls for designated
improvements shall conform to the requirements in effect as the time of the completion of the
improvements set forth in the "Standard Specifications for Road and Bridge Construction"
provided by CDOT.
5.0 Traffic Control: Prior to 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, 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 -Not Applicable as the haul route is paved
7.0 Future Improvements: Future improvements to the haul route(s) may be required
by County for reasons related to: changes in site activity or truck circulation patterns and
numbers, roadway classification changes, and newly permitted facilities affecting the haul route
traffic usage. Property Owner shall pay a proportionate cost share of future improvements not
described herein based on the Property Owner's percentage of total truck trips 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.
8.0 Timing of Improvements: Property Owner shall not be required to complete the
aforementioned offsite improvements until the occurrence of the triggering event for each
improvement which shall be the issuance of the grading permit or Right-Of-Way access permit
resulting from the commencement of activities on the property(s) or as described below. At that
time, Property Owner agrees that the required collateral will be posted and all on-site and offsite
improvements shall commence and shall be completed within the parameters established in
Section E.-7.2 and Exhibit B, herein. In the event weather or other conditions, circumstances or
events beyond the control of Property Owner prevent completion of offsite improvements prior
to issuance of a grading permit or Right-Of-Way permit, Property Owner shall be allowed to post
required collateral for the completion of such offsite improvements as a temporary substitute for
such completion, under terms and conditions that are acceptable to Property Owner and County.
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Carly Koppes, Clerk and Recorder, Weld County, CO
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Triggers for Improvements:
On-site:
1. Prior to mining and stockpiling: construct interior haul roads, interior haul road signs,
and screening fence.
2. Prior to hauling out of USR-1687/Journey Ventures pit: construct entrance road
pavement.
Off-site:
1. Construction of (40) feet turning radii, drainage and signage installations and other
improvements at the main gravel pit entrance and exit onto WCR 58, per section A.1.4 of
this Agreement shall completed prior to commencement of hauling out of USR-
1687/Journey Ventures Pit.
2. Turning radii at intersection of WCR 58 and WCR 53 per section A.1.1 shall completed
prior to commencement of hauling out of USR-1687/Journey Ventures Pit.
3. Installation of warning signage for trucks turning at the gravel pit entrance on WCR 58
per section A.1.6 shall be completed prior to commencement of hauling out of USR-
1687/Journey Ventures Pit.
4. Design and collateralization of left turn lane improvements on northbound WCR 53 per
section A.1.2 shall be commissioned when County notifies Property Owner that peak
hour turning trucks exceed 10 haul trucks per hour turning from WCR 53 to westbound
WCR 58 as determined by the County. Construction of WCR 53 left turn lane
improvements shall be completed within one (1) year of notification.
5. Overlay and Widened Shoulders of WCR 58 per section A.1.5 shall be designed,
collateralized, and constructed when WCR 58 peak hour haul truck trips accessing Property
Owner's site exceed 10 trucks per hour as determined by the County. The improvements shall be
based on geotechnical pavement and shoulder designs performed by the Property Owner's
Colorado Registered Professional Engineer and presented and accepted by the County.
6. Acceleration and deceleration lanes at the gravel pit entrance on WCR 58 shall be
designed, collateralized, and constructed per section A.1.3 when warranted per the
guidance in the 2002 CDOT State Highway Access Code, Volume 2, CCR 601-1, Section a
3.8, Category R-A, part 5.
9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site
improvements, Journey Ventures shall contact a representative of the Weld County Department
of Public Works and request an inspection of the off-site improvements described in paragraph s6-6m
A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set for in "Jm
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Paragraphs E.6.0, sections 6.1-6.3. A-�3..
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9.1 All references in this Agreement to "Acceptance of Improvements" shall �ao°.
refer to the County confirming completion of said improvement(s)
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according to the accepted construction plans. By accepting any m mO1
improvement, the County does not thereby accept said improvement for tam
purposes of future maintenance, nor does the County accept any present or
future responsibilities or obligations relative to these improvements.
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B. Haul Routes:
1.0 Established Haul Routes:
a. Exiting or entering the site: WCR 58 between the gravel pit entrance and
the intersections of WCR 51 and WCR 53.
b. No haul truck may exceed CDOT required specifications for pounds per
axel.
c. 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 the Agreement as a period of not more than thirty days)
Property Owner may request a temporary alternative haul route, which
shall be established by County at the time that the deviation is allowed. If
County approves such deviation, trucks will utilize paved county roads
whenever possible. A deviation from the established Haul route lasting
more than thirty (30) days or requests for two or more deviations within a
twelve month period shall be subject to the terms of Paragraph 4.0 of this
Section B. In the event that haul truck traffic, in excess of 15% of the
daily facility truck trips, utilizes alternate haul routes, the provisions of
Paragraph 4.0 of this Section B shall be triggered.
2.0 Haul Route Signage: Property Owner shall install haul route signs at all exit
points of the Property which can be clearly seen by drivers leaving the facility and which clearly
depict County approved haul routes.
3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads
other than those specifically authorized for use in this Agreement is permitted without the prior
written amendment of this Agreement.
4.0 Effect of Future Changes to Haul Routes: In the event that County is requested
by Property Owner or site operator to approve the use of an additional access, new haul route, or
an alternative haul route as a result of a change in Property Owner's site activities and/or truck
circulation patterns, and if the alternative or additional access or haul route utilized any unpaved
portion of County roads, and if County determines that dust control or paving is required on the IV:of
unpaved portion of said haul route roads, Property Owner agrees that dust control or paving �m
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 y
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 paving measures will be
determined by site-specific conditions at the time, as determined exclusively by County De
personnel.
C. Road Maintenance Requirements: a:o
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1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner agrees mm°f
to excavate, repair, or patch any damage on current or future haul route roads, which in the sole MIa�
opinion of County has been created by heavy truck hauling from the Property. Should Property
Owner's site activities and/or should Property Owner's truck circulation patterns change in the 3C.
future so that County approves an alternate haul route, and all or a significant portion of Property
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Owner's sourced traffic no longer utilizes the above-described haul route and instead utilizes
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other portions of County roads, Property Owner shall cooperate with County in maintenance of
said roads. The type and method of repair will be determined by the County Engineer or his
representative, and may require a written amendment to this Agreement executed by County and
Property Owner. All repairs shall commence within thirty (30) days of receipt of Weld County's
written notice.
2.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owners and/or Lessees who are required
by County to participate in road improvement/maintenance agreements. As a result of the annual
inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road improvement/maintenance work is to be performed during that construction
season.
3.0 Future Road Replacement: At any time in the future, if, in the 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 then current truck trips on the haul route.
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 and
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 revocation of USR-1687 as it now exists or may, from time to MI m2
time, be amended in accordance with the procedures of the Weld County Code. W`.1!°'
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D. On-Site Improvements: U.m
1.0 Landscaping Requirements: Property Owner shall landscape and/or maintain the m-v
landscaping and re-seeding of the property where applicable as shown on the accepted _ D11
construction plans and site plan drawings. Specifically, Property Owner shall at its own expense,
plant, install and maintain all trees, grass and shrubs and other landscaping and reseeding where ----o m o0
applicable as shown on the accepted construction plans and site plan drawings. Additionally, the xa o
Property Owner shall install and maintain fencing to screen the property where applicable asm6,N
indicated on the accepted construction plans and site plan drawings. Some of these
improvements may include work extending into the County Right-of-Way in which case a Right- No.;7°
Of-Way permit is required. k)
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2.0 On-Site Grading, Drainage Facilities and Paving: Property Owner shall, at its
own expense, grade, pave specified roadway portions, accesses and parking areas, and install
accepted drainage facilities, adjacent to or within the interior portion of the property in
accordance with the accepted construction plans. Refer to Section A., paragraph 1.0 of this
agreement for specific paving requirements extending into the facility site from WCR 58.
Additional infrastructure improvements will be addressed at the time of application for an
amended USR. Some of these improvements may include work extending into County Right-
Of-Way in which case a Right-Of-Way permit is required.
3.0 Timing of Improvements: Property Owner shall not be required to initiate the
landscaping requirements until the occurrence of the triggering event for all improvements,
namely commencement of activities at the site, the approval of the grading permit, or an
amendment to the existing USR. No grading permit will be approved until collateral is posted
for the associated improvements. Access and/or Right-Of-Way permits might also be required
prior to approval of the grading permit. Grading shall not commence until construction plans are
accepted. Any alterations to the accepted construction plans must be pre-approved in writing by
the Planning and Public Works Departments. At that time, 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 acceptance process 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 1111mm1
Engineer and Land Surveyor registered in the State of Colorado, and shall <.?
conform to the standards and criteria established by the County for public Tr mN
improvements. N�,
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision, m4
and the submission of necessary documents to the County. 5T-Q !"
1.3 Property Owner shall furnish construction drawings for the road o
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improvements on public rights-of-way or easements and all improvements IF='mN
to the interior of the Property for approval prior to the letting of any ar m m°'
construction contract.
2.0 Rights-of-Way and Easements: The existing WCR 58 and WCR 53 Right-Of-
Way are anticipated to be sufficient for construction of the required roadway improvements.
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However, before commencing the construction of any improvements herein agreed upon for
public rights-of-way or easements, Property Owner shall acquire, at its own expense, 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, costs listed on Exhibit "A", and
described in parts A and D of this agreement, which is 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 stated
herein upon application by the Property Owner.
3.1 Said construction shall be in strict conformance to the plans and drawings
approved 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.
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, to include but not limited to
damages to property adjacent to the construction plan area shall be
repaired, shall be removed and replaced to the satisfaction of the County at
Property Owner's expense.
3.4 Said USR improvements shall be completed, according to the terms of this
Agreement, within the construction schedule appearing in Exhibit "B." a�
The Board of County Commissioners, at its option, may grant an CNN
extension of the time of completion of items shown on the accepted r"
construction plans with associated costs shown on Exhibit "A" upon
application of the Property Owner subject to the terms of Section 6 herein.-
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4.0 Release of Liability: Property Owner shall indemnify and hold harmless the40
me
County from any and all liability loss and damage County may suffer as a result of all suits, 0-of,
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actions or claims of every nature and description caused by, arising from, or on account of said Ka
design and construction of improvements, and pay any and all judgments rendered against the a'
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County on account of any such suit, action or claim. All contractors and other employees m eel
engaged in construction of the improvements shall maintain adequate worker's compensation
insurance and public liability insurance coverage, and shall operate in strict accordance with the wm;
laws and regulations of the State of Colorado governing occupational safety and health.
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5.0 Warranty of Road Improvements: Property Owner shall warranty all
improvements to public rights-of-way, including 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 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
constitute an acceptance of said portions.
6.2 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 re-inspect 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. -fi)
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6.3 Upon completion of the construction of the required on-site
improvements, and the filing of a Statement of Substantial Compliance, -mN
when necessary, by Property Owner's engineer, the Property Owner may, N
as set forth in Paragraph D.4.0, request in writing that the County inspect K._
the improvements and recommend to the Board of County Commissioners
that the improvements be accepted and further that the two-year warranty ;3A
period begin. Upon completion of the two-year warranty period, the Ca
g P P Y C:
County Engineer and/or the Weld County Department of Planning
Services shall, upon request of the Property Owner, inspect the subject o�
improvements, and notify the Property Owner of any deficiencies. If any --.%)
deficiencies are discovered, the Property Owner shall correct the �mO1
deficiencies. The County Engineer and/or the Department of Planning
Services shall re-inspect the improvements after notification from the m'
Property Owner that said deficiencies have been corrected. If the County i-`
Engineer and/or Department of Planning Services find that the
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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 improvement 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 to be kept in place for the life
of the USR permit.
7.2 Collateral submitted to Weld County to guarantee completion of the
improvements identified on the accepted construction plans 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 mentioned in
Section A., 1.0 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 on Exhibit "A" On-Site Improvements of this
Agreement. Such collateral shall be provided to the County on the dates
set forth herein and shall be held in total until all improvements have been
completed. This collateral must be submitted to County upon the
submission of the Property Owner's application of a grading and/or right-
of-way permit. MN 2.m
= 14
.- -
w
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 Road maintenance collateral shall be submitted to County upon the release �" ID
`mDA
of the warranty collateral by the Board of County Commissioners. The °3a
amount of the collateral required for road maintenance shall be established �� ,.•
by the Weld County Department of Public Works based upon its "an,_'
0
determination of the anticipated expenses, and its determination of the "ft
amount shall be final. Road maintenance collateral shall be held by 5gma°w'
County as long as this Agreement is in effect. If any of this collateral shall rr -
be collected by County, Property Owner shall replace the amount within
six (6) months.
7.5 Road maintenance collateral shall be adjusted annually, during the month
of January, for inflation. The First adjustment shall be made no less than
twelve months after, and in no event later than twenty-four months from MI
the execution of this Agreement. The adjustment shall be equal to the
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inflation rate based on the "Colorado Construction Cost Index Report" as
published by the Colorado Department of Transportation.
7.6 Acceptable collateral shall be submitted prior to commencement of Site
Preparation, as herein defined. No grading or building permits shall be
issued for sand and gravel mining, processing operations improvements,
or other site related activities, on the property and no Site Preparation shall
commence until collateral is provided in the amount of One-Hundred
percent (100%) of the value of the improvements to be completed, and the
development plans are revised to comply with all current County
standards, policies and regulations. The improvements shall be completed
within the time schedule set forth in Exhibit "B" hereto. If improvements
are not completed within these time frames, the County, at its discretion,
may make demand on all or a portion of the site collateral and take steps
to see that the improvements are made. "Site Preparation" shall mean
earthwork grading or performance of work, or construction or installation
of improvements related to Applicant's planned sand and gravel mining
and processing or related operations pursuant to USR-1687 that require a
grading or building permit from the County pursuant to the Weld County
Code.
7.7 Collateral may be in the form of an irrevocable letter of credit(LOC) in an
amount equivalent to (100%) of the total value of the improvements set
forth in the Improvements Agreement; 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 a LOC:
(IRREVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF
COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A
copy of said form shall be provided to Applicant upon request.
7.8 Collateral may be in the form of a surety bond given by a corporate surety
authorized to do business in the State of Colorado in an amount equivalent �daw
to one-hundred percent (100%) of the value of the improvements set forth
in the Improvements Agreement. The surety bond shall conform to and be 'Ci tN
subject to the requirements of Weld County Code Section 2-3-30 B.4. oca
y°D
-
7.9 Collateral may be in the form of a cash deposit made with the Board in an s !1-1E
amount equivalent to one-hundred percent (100%) of the value of the 'C;3:
improvements set forth in the Improvements Agreement. p
-nw
7.10 The Board of County Commissioners of Weld County reserves the right to Vim"°
reject collateral which is deemed inappropriate or insufficient, which may aN
be either as collateral in the form of a letter of credit offered by a banking {am°'
institution which does not have at least a "three star" rating given by wo
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.
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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 of 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
(hereafter "Engineer"), that the project or a portion of the project has been completed in
substantial compliance with approved plans and specifications documenting the following:
8.1 The Property Owner's Engineer or his representative has made regular
on-site inspections during the course of construction and the construction
plans utilized are the same as those accepted by Weld County.
8.2 For the improvements to public rights-of-way or easements, test results
must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials
sampling, testing and inspections found in CDOT Materials Manual.
8.3 "As-built" plans shall be submitted at the time the letter requesting release
of collateral is submitted. The Property Owner's Engineer shall certify
that the project "as-built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received
prior written acceptance from the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
8.5 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the Weld mt"
County Department of Planning Services and the Weld County
Department of Public Works, the Property Owner (if Property Owner has Mi.!"
supplied any or all of the collateral) may request release of the collateral x ..
for the project or portion of the project by the Board. This action will be alb.•m.v
taken at a regularly scheduled public meeting of the Board. n�
WQ3(4
8.6 For all off-site and on-site improvements (including improvements to p
public rights-of-way or easements), the request for release of "Project N%12
Collateral" shall be accompanied by "Warranty Collateral" in the amount
of fifteen percent (15%) of the value of the improvements as shown in this reQaig
Agreement. However, collateral for improvements fully accepted for
Mc,
maintenance by a responsible governmental entity, special district or c.`;
utility company will be fully refunded to Property Owner.
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8.7 "Road Maintenance Collateral" shall be maintained as long as the USR is
active. It shall be adjusted annually by the inflation rate based on the
"Colorado Construction Cost Index Report" as published by the Colorado
Department of Transportation. Road Maintenance Collateral shall be
adjusted annually, during the month of January, for inflation. The First
adjustment shall be made no less than twelve months after, and in no event
later than twenty-four months from the execution of this Agreement.
9.0. Successors and Assigns: Except as specified below, this Agreement may not be
delegated or assigned in whole or in part by either party hereto without the express written
consent of the other party 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.. Notwithstanding any other provisions of this Agreement or of this paragraph, County
may delegate or assign its rights and obligations under this Agreement without the consent of
Property Owner (or its assigns, delegates or successors in interest) to another governmental
entity which by annexation or agreement has assumed jurisdiction over the roads affected by this
Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives,
successors and assigns of the 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 thirty (30) days within
which to either cure the violation or demonstrate compliance with this Agreement. If, after thirty
(30) 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.
F. Termination of Agreement: ME�P.
1.0 Termination Event: This Agreement shall terminate upon the earliest of the
following events:
1.1 Cessation of all Permit Related Activities: Termination of this Agreement
shall occur upon Operator's complete cessation of all activities permitted under USR- o
1687 or any amendments thereto. A partial cessation of activities shall not constitute a "o,
Termination of this Agreement, nor shall County's issuance of a partial release constitute mN
a Termination. Operator shall provide written notice to Property Owner and County of —Qa°1
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.
13 -
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1.2 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR-1687 by New Property Owner:
This Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR-1687
with a new Property Owner who has purchased the Property, and intends to make use of
the rights and privileges available to it through the then existing USR.
1.3 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR-1687 by New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR-1687
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 m�
Operator, the Property Owner or Operator shall, prior to the transfer, provide County with om�o N�
a written Notice to Transfer, stating the date of transfer, and identifying the party to WI;
whom the transfer shall be made. Following receipt of the Notice to Transfer, County z .-
shall inspect the improvements required under the terms of this Agreement to determine FP-2 -u
whether the improvements have been completed. If the improvements have not been nn
completed, the Property Owner and/or Operator shall either complete the improvements
or post collateral equal to the cost of the completion of the improvements, if such
collateral is not in place. If collateral is available at the time, County shall hold a hearing .°O1
m
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 mecn
E.
are covered by this Agreement to assess the current condition of the road(s) and Q■zQm
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 No
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
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Agreement According to Policy Regarding Collateral for Improvements — USR-1687
with a successor Property Owner and/or Operator prior to the performance of the road
maintenance or the posting of collateral for said maintenance, unless the new Property
Owner and/or Operator posts collateral for the required maintenance.
3.0 Consequence of Termination by Cessation of Permit Related Activities:
Following County's confirmation that Property Owner and/or Operator has/have ceased all
permit related activities and has/have completed previously uncompleted Improvements and or
completed any required road maintenance, County shall release Property Owner and/or Operator
from all further obligations under this Agreement. No Further permit related activities shall be
permitted unless and until approved by County following execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR-1687 with a
Property Owner and Operator.
4.0 Consequence of Termination by Execution of Replacement Improvements
Agreement: Following County's execution of an Improvements Agreement According to
Policy Regarding Collateral for Improvements - USR-1687 with a successor Property Owner
and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights
and/or obligations under this Agreement or in USR-1687.
5.0 Consequence of Termination Pursuant to Paragraph E.11.0: In the event that
activities related to USR-1687 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. -�rs,2
H. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms M��m
of this Agreement, County shall notify property Owner of its belief that the Agreement has been Eg mN
violated and shall state with specificity the facts and circumstances which the County believes MI°o
constitute violation. Property Owner shall have thirty (30) days within which to either cure the W„0:::
violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in -0
good faith that a violation of the terms and conditions of this Agreement still exists (despite _SQ3�
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 o-0r
(if applicable), and/or administrative action of the County to suspend or revoke the underlying E?ow o�
land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld r,)
County Code. Violations of the terms and conditions of this Agreement include, but are notam
limited to, violations of the agreements Property Owner must enter into as required by this
o
Agreement, and/or failure to enter into such agreements in a timely manner. ��
mir
I. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the r°10
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
15
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D n nn 1'1 A AA Qim.e RAnrenn MnrI, 8 Qnnnrrlar
J. Authority to Sign: Each person signing this Agreement 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
PROPERTY •
OWNER: ó//, 5
PROPERTY
OWNER:
Subscribed and sworn to before me this day of , 2011_
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Boa � , . �� Barbara Kir eyer, Chain
1861
��. 701 SEP - 7 201i
BY: Jr)(14.-- °U N'S /
Deputy Clerk to the Boars
APPROVED AS TO FORM: —3`
County Attorney
lI I1#1911.911. Illl IIIIII Illil IIIIIIIII III IIll
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Carly Koppes, Clerk and Recorder, Weld County, CO
Walk "III
a Oii- 37 y
EXHIBIT A
Journey Ventures USR 1687 CR 58 Widening Improvements Qty Unit Unit$ Est$
Item
County Road 58 Roadway Shoulder Embankment Fill 4370 CY $ 10.00 $ 43,700.
County Road 58 Roadway Paving (4'Width with 3" Grading S
HBP and 2" Grading SX HBP)* 2854 SY $ 18.00 $ 51,372
Fill Grading and Subgrade Prep 1 LS $10,000. $ 10,000.
Traffic Control For Widening WCR 58 1 LS $10,000. $ 10,000
Relocate Traffic Sign 5 EA $ 125.00 $ 625.
Total: $ 115,697.
* Final pavement design pending accepted geotechnical report
Journey Ventures USR 1687 Offsite Improvements
Item Qty Unit Unit$ Est$
Traffic Control For 60' Radii work-WCR 58 1 LS $1,200.00 $ 1,200.
Relocate Traffic Signs 1 EA $ 125.00 $ 125.
Fill Grading and Subgrade Prep-WCR 58 1 LS $3,400.00 $ 3,400.
Pave 60' Radii on WCR58 at WCR53 Intersection (-5"Thick) 349 SY $ 19.50 $ 6,805.
Total: $11,530
* Final pavement design pending accepted geotechnical report
Journey Ventures USR 1687 On-site Improvements
Item Qty Unit Unit$ Est$
6' Privacy Fencing 543 LF $ 23.00 $ 12,489.
Signage for Pit Interior and Trucks Turning Signs 5 EA $ 200.00 $ 1,000.
Grade Prep and Pave Entrance area with 4" Grading G HBP 411 SY $ 16.50 $ 6,781.
Total: $20,270.
I 111111111111111111111111111111111111111111111 III IIII
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Carly Koppes, Clerk and Recorder, Weldiourity, 6Olifkii, 11111
�I���Gii M,IE'r lJ
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
BOND #34BCSFX7461
KNOW ALL PERSONS BY THESE PRESENTS, that Journey Ventures LLC, a
Limited Liability Company, organized under the laws of the State of
Colorado, with its principal office located at Post Office Box 129; 450
E. 16`° Street; Greeley, CO 80632, hereinafter called "Principal", and
Hartford Casualty Insurance Company, hereinafter called "Surety" are
held and firmly bound unto Board of County Commissioners of Weld
County, Colorado, on behalf of Weld County, Colorado, hereinafter
called "Obligee" in the full and penal sum of Thirty-One Thousand,
Eight Hundred and no/100ths Dollars ($31, 800.00) , lawful money of the
United States for the payment of which well and truly made, we bind
ourselves, our heirs, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, the above-bound Principal has obtained or is about to
obtain from the Obligee a land use permit, namely Journey Ventures LLC
Mineral Resource Development Facility, and pursuant to the requirements
of said permit, has entered into an Improvements Agreement, dated
, with Obligee, and
WHEREAS, The Improvements Agreement requires Principal to obtain
a performance bond in an amount equal to the total cost of the
improvements for which Principal is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of improvements for which Principal is
responsible equals Thirty-One Thousand, Eight Hundred and no/100ths
Dollars, ($31, 800.00) .
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and faithfully perform its duties, and all
of its undertakings, covenants, terms, and conditions as set forth in
the Improvements Agreement, and if Principal shall satisfy all claims
and demands set forth in said agreement, and shall fully indemnify and
save harmless Obilgee from all costs and damages which it may suffer by
reason of Principal's failure to perform as agreed, and shall reimburse
and repay Obligee all outlay and expense which Obligee may incur in
making good any default, then this obligation shall be null and void;
PROVIDED FURTHER, that if Principal shall default in any of its
obligations set forth in the Improvements Agreement, and thereafter
fail to fully indemnify and save harmless Obilgee from all costs and
damages which it may suffer by reason of said default, this obligation
shall remain in full force and effect;
PROVIDED FURTHER, that Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Improvements Agreement to the work to be performed
thereunder, shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Improvements Agreement.
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew
annually automatically, from the date of this bond until its release by
Obligee, to guarantee that Principal shall well, truly and faithfully
perform its duties, and all of the undertakings, covenants, terms, and
conditions set forth in the Improvements Agreement, and any extensions
thereof which may be granted by Obligee with or without notice to
Surety.
The parties to this Performance Bond acknowledge that through the
Improvements Agreement, Obligee reserved the right to require Principal
to obtain a different Performance Bond from a financial institution
other than Surety in the event that the rating of Surety by AM Best
falls below a B+ rating.
IN WITNESS WHEREOF, this instrument is executed in four (4) /IfTN
counterparts, each one of which shall be deemed an original, this
day of vG�3T , 2011.
Journey Ventures LLC
�/y,( Principal
mss'1fclr7.� �' B 6i��C. F
Principal Secretary/Witness itle
(SEAL)
����((////�� ����qq����,��p� Hartford Casualty Insurance
Insurance Company (�
IVh�� �WVVYW By E 1' I��l �� L �� � '��
Witness as to Surety K'Anne E. Vogel, Attorney-inn
P.O. Box 578 One Hartford Plaza -_
Address Address
Greeley, CO 80632 Hartford, CT 06155-0001
Address Address
IMPORTANT: Surety company executing bond must appear on the Treasury
Department's most current list (Circular 570 as amended) and be
authorized to transact business in the State of Colorado.
Bond must be accompanied with Attorney-in Fact's authority from the
surety company certified to include the date of the bond.
- Direct Inquiries/Claims to:THE POWER OF ATTORNEY P.O.BOX 2103, 90 ASYLUM 4ORDENUE
HARTFORD,CONNECTICUT 06115
call:888-266-3488 or fax:860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 34-340869,34-342316,34-341738,34-343634
X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut
X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
X Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Katherine E. Dill, KAnne E. Vogel, Loree Vanderhye, Melanie Lathouwers, Russell D. Lear, Brandi Tetley,
Chris Richmond, Russell Michels, Darlene Krings, Diane Clementson, Kelly T. Urwiller,Jennifer Winter
of Denver, Fort Collins& Greeley, CO
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by E, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney. /•`entqc,�i to ft
S \ttr .:''e • r••,o• r,y:. 1070/. x-c la 70 7979
• •Scott Sadowsky,Assistant Secretary M. Ross Fisher,Assistant Vice President
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD
On this 3fd day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did
depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
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•IIOW Scott E.Paseka
Notary Public
CERTIFICATE My Commission Expires October 31,2012
I,the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies,which is still in full force effective as of .__/ 42/ 442,/Signed and sealed at the City of Hartford. O
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Gary W.Stumper,Assistant Vice President
Hello