HomeMy WebLinkAbout20102340.tiff 306
RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY) FOR USE BY SPECIAL
REVIEW#1608 AND AUTHORIZE CHAIR TO SIGN - HOLTON FAMILY, LLC, C/O
READY MIXED CONCRETE COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated August 22, 2007, a Site Specific Development Plan and
Use by Special Review Permit #1608 for a Mineral Resource Development Facility, including
Concrete Batch Plant, Recycled Concrete, and Gravel Mining in the A (Agricultural) Zone District,
Holton Family, LLC, 12032 Highway 52, Fort Lupton, Colorado 80621, do Ready Mixed Concrete
Company, 14585 Brighton Road, Brighton, Colorado 80601, on the following described real estate,
to-wit:
Lot B of Recorded Exemption#4381; being part of the NW1/4SW1/4
of Section 6; the SW1/4 of Section 6; the W1/2NW1/4 of Section 7
(excluding the S1/2SE1/4SW1/4SW1/4 of Section 6, and the
NE1/4NW1/4NW1/4 of Section 7, Township 1 North, Range 66
West); part of the NW1/4NE1/4 of Section 7 lying west of the
westerly right-of-way lane of U.S. Highway 85, and the
S1/2SE1/4SW1/4, SE1/4SW1/4SW1/4, and part of the
S1/2SW1/4SE1/4/2SW 1/4SE 1/4 of Section 6 lying west of the westerly right-of-way
lane of U.S. Highway 85; all in Township 1 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval in said Resolution, the Board has
been presented with an Improvements Agreement According to Policy Regarding Collateral for
Improvements(On-Site Only)for Use by Special Review#1608 between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and Holton
Family, LLC, c/o Ready Mixed Concrete Company,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(On-Site Only)for Use by Special Review#1608 between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and Holton
Family, LLC, c/o Ready Mixed Concrete Company, be, and hereby is, approved.
IIIIII (IIII IIIIII IIIIII II EMI (IIII III VIII IIII IIII 2010-2340
C� •. Q PL1921'
\O-���y�U 3725306 10/14/2010 11:56A Weld County, CO
1 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
IMPROVEMENTS AGREEMENT— HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE
COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of October, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: / j •• [._ /i C71���
o I Radema er, C :ir
Weld County Clerk to th- :o- .. ..
r ,S
z'.ara Kirkmeyer, P o-Tem
BY` i/
Deputy Cler tot a Bo 'yY ( ' �— P C^
i►.��, Sean P.
DAS • ��
William F. Garcia
Attorney EXCUSED
David E. Long
Date of signature:4 // %/C
1 UM 1111 1311 111 11 11111111 11111 111 11111 1111
V I I I
3725306 10/14/2010 11:56A Weld County, CO
2 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2010-2340
PL1921
MEMORANDUM
wok TO: Board of County Commissioners ..
DATE: September 29, 2010 : , =L
COLORADOI
FROM: Kim Ogle, Planning Services
SUBJECT: Acceptance of Improvements Agreements
Ready Mixed Concrete Company
USR-1608 and USR-1682
The Department of Planning Services' is in receipt of two(2) Improvements Agreement According to
Policy Regarding Collateral for Improvements (On-Site Only) for Holton Family LLC, do Ready
Mixed Concrete Company (USR-1608) and for the Morton Lakes LLC, c/o Ready Mixed Concrete
Company(USR-1682)for site improvements associated with a land use permits for the Site Specific
Development Plan and a Special Review Permit for Mineral Resource Development including a
Concrete Batch Plant, Recycled Concrete and Gravel Mining facility in the A (Agricultural) Zone
District.
The improvements are located on the following described real estate:
[USR-1608, Holton Lakes LLC)
Lot B, RE-4381 being part of the NW4SW4 Section 6, 11 N, R66W; SW4 Section 6, 'PIN, R66W;
W2NW4 Section 7, T1N R66W excluding S2SE4SW4SW4 of Section 6, T1 N, R66W and also
excluding NE4NW4NW4 Section 7, Ti N, R66W; NE4NW4/NE4NW4NW4 and Part NW4NE4 lying
W of Westerly R-O-W Lane SH 85, Section 7, Ti N, R66W and the S2SE4SW4/SE4SW4SW4 and
part S2SW4SE4 lying W of Westerly R-O-W Lane SH 85 Section 6, Ti N, R66W of the 6th P.M.,
Weld County, Colorado.
[and USR-1682 Morton Lakes LLC]
Lot B, RE-1525 being part of the SE4 of Section 1 and the NE4 of Section 12, Township 1 North,
Range 66W of the 6th P.M., Weld County, Colorado.
Per the Agreement, Weld County acknowledges and agrees that Ready Mixed Concrete Company
will not be required to commence work on the on-site improvements described in Exhibits "A", "B"
and "C" nor to provide collateral for said improvements as required by this Improvements
Agreements until Ready Mixed Concrete Company submits and receives approval of the grading
permit application issued by Weld County.
Items covered under this Agreement for USR-1608 include:
Site Grading Year 2013 $ 1,800.00 dollars
Street Base Year 2013 8,500.00 dollars
Entrance Improvements Year 2013 70,000.00 dollars
Cattle Guards Year 2013 12,000.00 dollars
Stop Sign Year 2013 150.00 dollars
Fencing Year 2013 3,040.00 dollars
Landscaping — Grass Seed Year 2013 2,500.00 dollars
Engineering and Supervision 9,800.00 dollars
Total Estimated Cost for improvements 107,790.00 dollars
2010-2340 F L I R
Items covered under this Agreement for USR-1682 include:
Site Grading Year 2013 $ 4,200.00 dollars
Street Base Year 2013 20,000.00 dollars
Fencing Year 2013 15,580.00 dollars
Landscaping — Grass Seed Year 2013 2,500.00 dollars
Engineering and Supervision 4,228.00 dollars
Total Estimated Cost for improvements 46,508.00 dollars
The Weld County Attorney finds the Agreement is in the appropriate form. The Department of
Public Works and the Department of Planning Services, have determined that the amount of the
agreement will be sufficient to complete the work required for the Holton Family LLC, do Ready
Mixed Concrete Company(USR-1608) and for the Morton Lakes LLC, do Ready Mixed Concrete
Company (USR-1682)for site improvements generally located in Sections 1, 6, 7 and 12,Township
1 North, Range 66W of the 6th P.M, Weld County, Colorado, case numbers USR-1608 and USR-
1682.
The Departments of Public Works and Planning Services'recommends to accept the Agreement as
presented.
HART ENVIRONMENTAL
P.O. Box 1303 Boulder, Colorado 80306 Phone: 303.444.6602
September 13, 2010
Mr. Kim Ogle
Weld County Department of Planning Services
1555 North 17th Ave.
Greeley, CO 80631
RE: Holton and Morton Lakes Improvements Agreements
Dear Kim:
Transmitted with this letter please find the Holton Lakes(USR 1608)Improvements
Agreement,with exhibits, signed by Thomas M. Holton, as manager of the Holton
Family LLC and by Ronald S. Henley, as President of Ready Mixed Concrete Company.
In addition,transmitted herewith please find the Morton Lakes (USR 1682)
Improvements Agreement,with exhibits, signed by Ronald S. Henley as President of
Ready Mixed Concrete Company.
Sincerely,
Michael J. (Mike)Hart
End.
Cc: Bill Timmons, Ready Mixed Concrete Company
Tom Holton, Holton Lakes, LLC
bl'eli,nid.linikhid
Hrr 101,,H Mill Al lalladuveu
i U,r Pm:r:Ha
kecid rcia lion l)hgn
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY)
Holton Family, LLC, C/O Ready Mixed Concrete Company—USR-1608
THIS AGREEMENT, made and entered into this i47-b day of O t\Obey- , 2010, by
and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," Ready Mixed Concrete Company, hereinafter called
"RMCC", and the Holton Family, LLC, hereinafter called "Surface Owner." The County, Surface
Owner and RMCC may each be referred to herein individually as a "Party" or collectively as the
"Parties."
WITNESSETH:
WHEREAS, Surface Owner is the fee owner of the following described property in the
County of Weld,Colorado:
Lot B of Recorded Exemption #4381; being part of the NWl/4SW1/4 of
Section 6;the SW l/4 of Section 6;the W t/2NW l/4 of Section 7(excluding
the S1/2SE1/4SWl/4SWl/4 of Section 6, and the NE1/4NW1/4NW1/4 of
Section 7, Township 1 North, Range 66 West); part of the NW 1/4NE1/4 of
Section 7 lying west of the westerly right-of-way lane of U.S. Highway 85,
and the S1/2SE1/4SWl/4, SEl/4SW1/4SW1/4, and part of the
S1/2SW I/4SE1/4 of Section 6 lying west of the westerly right-of-way lane
of U.S. Highway 85; all in Township 1 North, Range 66 West of the 6th
P.M., Weld County,Colorado,
which comprises approximately 298.5 acres and which is hereinafter referred to as "the Property,"
and
WHEREAS, RMCC owns the sand, gravel and stone existing in, on and under the Property
by virtue of that certain "Mineral Deed" dated January 9, 2008, recorded with the office of the
Weld County Clerk and Recorder at Reception No. 3528508 on January 11,2008, and
WHEREAS, the terms of a "Surface Use and Mining Agreement" between Surface Owner
and RMCC made effective January 9, 2008 evidenced by that certain "Memorandum of Surface
Use and Mining Agreement" recorded with the office of the Weld County Clerk and Recorder at
Reception No. 3528507 on January 11, 2008 as set forth in Exhibit "E" hereto, confirms that
Surface Owner has granted RMCC (and its successors and assigns) the exclusive right and
privilege to enter upon,through and over the Property to mine the sand, gravel and stone owned by
RMCC and existing in, on and under Property, to include the reclamation of the Property after
mining,and
WHEREAS, RMCC applied for and RMCC and Surface Owner obtained from County Use
by Special Review Permit 1608 ("USR-1608")for a Mineral Resource Development Facility on the
Property to include a concrete batch plant, recycled concrete and gravel mining operations, and the
exporting of mined construction materials resources to USR-1682 (Morton Lakes, LLC) where
such materials will be processed, and
M:'PLANNING—DEVELOPMENT REVELMUSK-Usc by Special Review\USR-1608 RMCC Holton Lake&Jmpmvements Agreement\RMCC-
Holton Family(USR-l608)_FINAL IA(9-7-10).docx 1
1 111111 11111 111111 111111 1111111111 11111 11111111 IIII IIII
3725306 10/14/2010 11:56A Weld County, CO . 7/D—aQ3yD
3 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
WHEREAS,RMCC is solely responsible for the mining and reclamation of the sand,gravel
and stone in, on and under the Property under the terms of a mined land reclamation permit issued
by the Colorado Department of Natural Resources, Mined Land Reclamation Board(DRMS Permit
No. M-2007-008), which permit is secured by a reclamation performance bond posted by RMCC
with the State of Colorado,and
WHEREAS, the Parties acknowledge and agree that RMCC shall be solely responsible for
complying with the terms and conditions of this Agreement and the conditions of USR-1608 and
USR-1682,and
WHEREAS, Section 1, Paragraph Y of County Board of County Commissioner's
Resolution for USR-1608 requires that, before the plat can be recorded, RMCC shall complete all
proposed improvements or enter into an Improvements Agreement according to Policy Regarding
Collateral for Improvements, and post adequate collateral for all required materials, and
WHEREAS, RMCC will not complete all proposed improvements prior to the recording of
the plat which therefore necessitates the need for this Agreement, and
WHEREAS the scope of the improvements which are the subject of and described in this
Agreement are depicted in Exhibit "C" hereto, which Exhibit includes the Excavation and
Landscape Plan drawings (Sheets 3 of 5 and 5 of 5, respectively, of the USR-1608 plat), as
previously filed by RMCC with the County Departments of Public Works and Planning, and as
subsequently accepted by the County Department of Planning and as subsequently reviewed by the
County Department of Public Works, and
WHEREAS, Surface Owner ratifies that: (i) it is the fee owner of the Property, excluding
all sand, gravel and stone existing on, in and under said Property; (ii) it sold the sand, gravel and
stone existing in, on and under the Property to RMCC as evidenced by that certain"Mineral Deed"
dated January 9, 2008, recorded with the office of the Weld County Clerk and Recorder at
Reception No. 3528508 on January 11, 2008 as set forth in Exhibit "E" hereto; (iii) it has granted
RMCC (and its successors and assigns)the exclusive right and privilege to enter upon, through and
over the Property to mine and reclaim the Property under the terms of a "Surface Use and Mining
Agreement" with RMCC memorialized by that certain "Memorandum of Surface Use and Mining
Agreement" made effective January 9, 2008 as recorded with the office of the Weld County Clerk
and Recorder at Reception No. 3528507 on January 11, 2008 as set forth in Exhibit"E"hereto; and
(iv) its prior execution of that certain letter dated October 10, 2008 addressed to Mr. Kim Ogle of
the County Department of Planning Services (a copy of which is attached hereto and made a part
hereof as Exhibit "D"), which authorizes RMCC to engage in all permit related activities that
involve the coordinated mining and reclamation of the Property and the property subject to USR-
1682, and
WHEREAS, County acknowledges and agrees that RMCC shall not be required to
commence work on the on-site improvements described in the attached Exhibits "A," "B," and
"C," nor to provide collateral for said improvements as required by this Agreement until RMCC
submits and receives approval of an application for grading permit from the County.
M:U'LANNLNG—DEVELOPMENT REVIEW\USR-Use by special Revtew\USR-1608 RMCC Holton LakesUmprovements AgreementU2MCC-
Holton Family(USR-1608)_FINAL IA(9-7-10).docx 2
1111111 11111 111111 111111 11 11111111 1111I 111 11111 1111 IIII
3725306 10/14/2010 11:56A Weld County, CO
4 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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: Non-Applicable at this time. Improvements to State
Highway 52 shall be coordinated with the Colorado Department of Transportation (CDOT). In the
event that direct access is required at another location, RMCC shall apply to County and/or CDOT
for required permits, as needed. Granting of any new point of access may generate additional
obligations with County for Off-Site Improvements and the need to post "Road Maintenance
Collateral".
B. Haul Routes:Non-Applicable
C. Road Maintenance Requirements: Non-Applicable
D. On-Site Improvements:
1.0 Landscaping and Fencing Requirements: RMCC shall landscape and maintain the
landscaping and re-seeding of the Property as shown on Exhibit "C" and USR-1608 plat map.
Additionally, RMCC shall install and maintain fencing on the property as indicated on Exhibit"C"
and the USR-1608 plat map. In the event any of these improvements include work extending into
State Right-Of-Way, RMCC shall obtain an access permit from the Colorado Department of
Transportation if required.
2.0 On-Site Grading and Paving: RMCC shall, at its sole expense, grade and/or pave
specified roadways, accesses and parking areas, and install accepted drainage and signage
components (if any), adjacent to or within the interior portion of the Property in accordance with
Exhibit "C." The main entrance improvements shall include: construction of adequate asphalt
and/or concrete paved turning radii (60) feet at the main entrance onto State Highway 52, asphalt
paving of the internal drive-way onto State Highway 52 that will extend into the site from State
Highway 52 for a distance of 500 feet and allow for adequate stacking of vehicles, and an adequate
set of two cattle guards placed adjacent to but outside of CDOT Right-Of-Way to act as a vehicle
tracking control area to minimize the tracking of mud and debris onto State Highway 52, all to be
described in construction plans associated with a grading permit application that will be filed by
RMCC with the County Department of Public Works, which grading permit RMCC must secure
prior to constructing the entrance improvements. The connection of USR-1682 to the
improvements associated with USR-1608 shall be completed as set forth on Exhibit"C."Any other
on-site improvements shall be completed as indicated on Exhibit "C." RMCC shall be responsible
for all maintenance of the onsite improvements. Any additional infrastructure improvements will
be addressed at the time of application for any future amended USR.
3.0 Timing of Improvements: RMCC 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 by the County or an amendment to the existing USR. RMCC shall file the
application for grading permit with the County Department of Public Works, to include the
construction plans for the improvements to the main entrance to the Property, at least thirty (30)
M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1608 RMCC Holton Lakes\Improvements Agreement\RMCC-
Holton Family(USR-1608)_FINAL IA(9-7-10).docx 3
1 111111 11111 111111 111111 1111111111 11111 III 111111111 IIII
3725306 10/14/2010 11:56A Weld County, CO
5 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
days prior to commencing the construction of those improvements. Grading shall not commence
until the construction plans for the improvements to the main entrance are accepted and the grading
permit has been issued by the County Department of Public Works. My alterations to the
improvements described in Exhibit "C" must be pre-approved in writing by the County Planning
and Public Works Departments. At that time,and unless otherwise amended, RMCC 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. 6.2 and Exhibit"B."
4.0 Acceptance of On-Site Improvements: Upon completion of the on-site
improvements, RMCC shall contact the County Department of Planning Services and the 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 Paragraph E. 6.0.
5.0 Surface Owner's Obligations Regarding On-site Improvements: Surface Owner
shall have no obligation, financial or otherwise, to complete or maintain any of the improvements
described in Exhibit"C,"the accepted construction plans for the entrance improvements associated
with the grading permit, the plat map or in this Agreement. Surface Owner's sole obligation with
respect to the on-site improvements, if any at all, is to comply with all terms, conditions and other
obligations contained in the "Surface Use and Mining Agreement" between Surface Owner and
RMCC effective January 9, 2008.
E. General Requirements:
1.0 Engineering Services: RMCC shall furnish, at its own expense, all engineering
services in connection with the design and construction of the improvements identified on Exhibit
"C" and the entrance improvements associated with the grading permit according to the
construction schedule set forth in Exhibit "B," as attached hereto and incorporated herein by
reference.
1.1 The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for public
improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision, and
the submission of necessary documents to the County.
1.3 RMCC shall furnish construction drawings for the road improvements on
public rights-of-way, if any.
2.0 Rights-of-Use: As provided in Exhibits "D" and "E" hereto, Surface Owner has
granted RMCC the rights necessary to utilize the Property for mining and reclamation,which rights
contemplate RMCC conducting all activities permitted under USR 1608 and USR 1682. The
Parties further acknowledge that the coordinated mining of the Property and the land subject to
M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1608 RMCC Holton LakesUmptovements Agreement\RMCC-
Holton Family(USR-1608)_FINAL IA(9-7-10).docx 4
1111111 11111 111111 131 11 11111111 11111II11111111111111
3725306 10/14/2010 11:56A Weld County, CO
6 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
USR 1682 will require the linkages between the two properties to change in location over the
respective lives of USR 1608 and USR 1682, and that Surface Owner's execution of this
Agreement authorizes any future required linkages necessary for the coordinated mining under the
respective USRs to be created and maintained by RMCC(and its successors or assigns).
3..0 Construction: RMCC shall furnish and install, at its own expense, the improvements
identified on Exhibit "C" and the accepted construction plans for the entrance improvements
associated with the grading permit, and RMCC shall 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
incorporated herein by this reference, with the improvements interior to the Property being
completed by the dates set forth on Exhibit "B". The Board of County Commissioners, at its
option, may grant an extension of the time of completion set forth in Exhibit "B"upon application
by RMCC.
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 RMCC shall use, 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, RMCC 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
RMCC's expense. Any material or work not conforming to Exhibit "C" or
the accepted construction plans for the entrance improvements associated
with the grading permit, including but not limited to damages to property
adjacent to areas where improvements will be installed as provided in
Exhibit "C", shall be removed or replaced to the satisfaction of County at
the expense of RMCC.
4.0 Release of Liability: RMCC, shall indemnify and hold harmless the County from
any and all liability loss and damage County may suffer as a result of all suits, actions or claims of
every nature and description caused by, arising from, or on account of said design and construction
of improvements, and pay any and all judgments rendered against the County on account of any
such suit, action or claim, together with all reasonable expenses and attorney fees incurred by
County in defending such suit, action or claim whether the liability, loss or damage is caused by, or
arises out of the negligence of the County or its officers, agents,employees, or otherwise except for
the liability, loss, or damage arising from the intentional torts or the gross negligence of the County
or its employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's
compensation insurance and public liability insurance coverage, and shall operate in strict
accordance with the applicable laws and regulations of the State of Colorado governing
occupational safety and health.
M:\PLANNING-DEVELOPMENT REVIEW IUSR-Use by Special Review USR-1608 RMCC Holton IakesUmprovements Agreement iRMCC-
Holton Family(USR-1608)_FINAL IA(9-7-10)docx 5
1 1111111111111111111111111111111 1111 I I 11111111111111
3725306 10/14/2010 11:56A Weld County, CO
7 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
5.0 Warranty of On-Site Improvements: RMCC shall warranty all improvements
depicted in Exhibits "A" and "C" to this Agreement for a period of one (1) year. The warranty
period shall commence only after the County's execution of a written acceptance of the
improvements as provided in Paragraph E.6.0.
6.0 Acceptance of Improvements by the County: Upon compliance with the following
procedures by RMCC,the improvements shall be deemed accepted by the County.
6.1 If requested by RMCC 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 Upon completion of the construction of the required on-site improvements,
and the filing of a Statement of Substantial Compliance by RMCC's
engineer, RMCC may request in writing that County inspect the
improvements. The Statement of Substantial Compliance shall be prepared
by an engineer registered in the State of Colorado (hereinafter "Engineer"),
indicate that the improvements have been completed in substantial
compliance with Exhibit "C" and the accepted construction plans for the
entrance improvements associated with the grading permit, and document
the following:
6.2.1 The 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 as
reflected in Exhibit"C"and the grading permit.
6.2.2 "As-built" plans shall be submitted with the Statement of Substantial
Compliance. The Engineer shall certify that the project "as-built" is
in substantial compliance with the plans and specifications as
approved in Exhibit "C" and the accepted construction plans for the
entrance improvements associated with the grading permit, or that
any material deviations from the same have received prior written
acceptance from the County Engineer.
6.2.3 The Statement of Substantial Compliance must be accompanied by, if
applicable, a letter of acceptance of maintenance and responsibility
by the appropriate utility company, special district or town for any
utilities.
6.3 Upon completion of the one-year warranty period, the County Engineer and
the County Department of Planning Services shall, upon request of RMCC,
inspect the subject improvements, and notify RMCC of any deficiencies. If
any deficiencies are discovered, RMCC shall correct the deficiencies. The
M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1608 RMCC Holton LakesUmptovements Agreement\RMCC-
Holton Family(USR-1608)_FINAL IA(9-7-10).docx 6
AIM 11111 111111 111111 II 111111II 11111 III 11111 1111 1111
3725306 10/14/2010 11:56A Weld County, CO
8 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
County Engineer and the County Department of Planning Services shall re-
inspect the improvements after notification from RMCC that said
deficiencies have been corrected. If the County Engineer and the County
Department of Planning Services finds that the improvements are
constructed as provided in Exhibit "C" and the accepted construction plans
for the entrance improvements associated with the grading permit, each shall
recommend full acceptance of the improvements. Upon receipt of a positive
unqualified written recommendation from the County Engineer and the
County Department of Planning Services for"Acceptance of Improvements"
within the USR, the Board of County Commissioners shall fully accept said
improvements.
6.3.1 All references in this Agreement to "Acceptance of Improvements"
shall refer to the County confirming completion of said
improvement(s) according to Exhibit "C" and the accepted
construction plans for the entrance improvements associated with the
grading permit. 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 the improvements.
7.0 General Requirements for Collateral:
7.1 County requires RMCC to provide Project Collateral for completion of all
improvements described in Exhibits"A"and"C"to this Agreement.
7.2 Project Collateral submitted to County to guarantee completion of the
improvements identified in Exhibit "C" 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
improvements that extend partially off-site as mentioned in Paragraphs A (if
any) or D.2.0 of this Agreement that include only improvements involving
turning radii and approaches can be included as part of the On-Site collateral
amount, if clearly delineated in Exhibit "C" and differentiated as "Entrance
Improvements" 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 by County as provided in Paragraph E. 7.3 below.
7.3 To protect Surface Owner from any future liability for maintenance of the
improvements as it relates to the terms and conditions of this Agreement,
RMCC agrees to maintain the Project Collateral it posts with County for the
costs and improvements described in Exhibits "A" and "C" to this
Agreement until the later of the date the Colorado Mined Land Reclamation
Board releases RMCC from DRMS Permit No. M-2007-008 or from DRMS
Permit No. M-2008-082.
M:\PLANNING-➢EVELOPMENT REVIEW\USR-Use by Special Review\USR-1608 RMCC Holton Lekes\Improvements Agreement\RMCC-
Holton Family(USR-1608)_FINAL IA(9-7-10).docx 7
111111111111111111111111111111111111111 III 11111 IIII IIII
3725306 10/14/2010 11:56A Weld County, CO
9 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
7.4 Acceptable Project Collateral shall be submitted prior to commencement of
Site Preparation, as herein defined. 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 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 operations pursuant to USR-
1608 that require a grading or building permit from the County pursuant to
the County Code.
7.5 The Project 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 this Agreement (including Exhibits
"A" and "C") and the plat; the LOC shall be subject to the requirements of
County Code Section 2-3-30 B. RMCC shall utilize only a County approved
form when obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF
CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO). A copy of said form has been provided to
RMCC.
The Project 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 this Agreement. The surety bond shall conform to
and be subject to the requirements of Weld County Code Section 2-3-30 B.4.
RMCC shall utilize only a County approved form when obtaining a surety
bond: (PERFORMANCE BOND FOR BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY,COLORADO). A copy of said
form shall be provided to RMCC upon request.
The Project 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 this Agreement.
7.6 The Board of County Commissioners reserves the right to reject collateral
which is deemed inappropriate or insufficient, which may be either as
collateral in the form of a letter of credit offered by a banking institution
which does not have at least a "three star" rating given by Bauer Financial,
or as collateral in the form of a performance bond offered by an insurance
company which does not have at least a B+ rating given by A.M. Best. The
Board further reserves the right to require RMCC 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 RMCC within sixty (60) days of the Board's notice to RMCC
that the rating has fallen and that the collateral must be replaced. RMCC may
M\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1608 RMCC Holton LakesUmprovements AgreementUiMCC-
Holton Family(USR-1608)_FINAL IA(9-7-10).docx 8
1111111 11111 1111 till Hill III 111111 III 1111
3725306 10/14/2010 11:56A Weld County, CO
10 of 23 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
not terminate existing collateral until replacement of collateral has been
secured.
8.0 Request for Release of Project Collateral: Project Collateral shall be released
no earlier than the later of the date upon which RMCC is released from its obligations under
DRMS Permit No. M-2007-008 or DRMS Permit No. M-2008-082 as issued by the
Colorado Mined Land Reclamation Board. The release of Project Collateral to RMCC shall
require that the Board of County Commissioners first receive RMCC's written request for
release of collateral. Following receipt of the written request for release of collateral,
County Department of Planning Services and County Department of Public Works shall
inspect the On-Site Improvements. The County Department of Planning Services and
County Department of Public Works shall recommend release of the Project Collateral upon
determining that the improvements contemplated in Exhibit"C" that are to remain in place
upon release of DRMS Permit No. M-2007-008 and DRMS Permit No. M-2008-082 do not
require mitigation or repair. In the event such improvements require mitigation or repair,
said work must be completed prior to the respective Departments' approval of the release of
the Project Collateral. The Board will consider the release of collateral at a regularly
scheduled public meeting of the Board of County Commissioners.
9.0. Successors and Assigns: Successors and Assigns: Except as specified herein,this
Agreement may not be delegated,transferred or assigned, in whole or in part,by RMCC. In the
event that the property interests held by RMCC are transferred to a party,other than an affiliate of
RMCC,that is not a signatory to this Agreement(hereinafter"Third Party"),the Third Party shall
be required to enter into a replacement or amended"Improvements Agreement"with County as
provided in Paragraph G. 2.1 of this Agreement No delegation,transfer,or assignment shall be
effective unless formally approved by the Board of County Commissioners,which approval 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 RMCC (or either of their assigns, delegates or successors in interest)to another
governmental entity which by annexation or agreement has assumed jurisdiction over the Property.
10.0 County Engineer: All references in this Agreement to "County Engineer" shall refer
to 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, RMCC has violated any
term of this Agreement, County shall notify RMCC in writing of its belief that the Agreement has
been violated and shall state with specificity the facts and circumstances which County believes
constitute the violation. RMCC shall have thirty (30) calendar days from the date of receipt
County's written notice within which to cure the violation or otherwise demonstrate why RMCC is
in compliance with the terms of the Agreement. If, after thirty (30) calendar days, County believes
in good faith that there has been a violation of the terms of this Agreement, County shall either
provide RMCC additional time to respond upon good cause shown or initiate proceedings to revoke
USR-1608.
F. 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
M:\PLANNING—DEVELOPMENT REVIEW IUSR-Use by Special ReviexwUSR-1608 RMCC Holton LakesUmpmvements Agreemem\RMCC-
Holton Family(USR-1608)_FINAL IA(9-7-I0).docz 9
1 111111 111111IlIII 111111 II 11111111 11111111111111 III Illl
3725306 10/14/2010 11:56A Weld County, CO
11 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable
now or hereafter amended.
G. Termination of Agreement:
1.0 Termination Event: This Agreement shall terminate upon the earliest of the
following events:
1.1 Cessation of all Permit Related Activities. Termination of this Agreement
shall occur upon RMCC's complete cessation of all activities permitted under USR-1608 or
any amendments thereto. A partial cessation of activities shall not constitute a termination
of this Agreement. RMCC shall provide written notice to Surface 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
USR-1608 is inactive, evidence of which shall be three (3) years following the date of the
County's observance of the cessation of activities, as provided in Sec. 23-2-290.E of the
Weld County Code.
1.2 Execution of Replacement or Amended "Improvements Agreement
According to Policy Regarding Collateral for Improvements—USR-1608". This Agreement
shall terminate following County's execution of a replacement or amended Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR-1608 with
either a new surface owner or a new owner of the sand, gravel and stone lying on, in or
under the Property either of whom intends to make use of the rights and privileges available
to it through USR-1608. At such time that a replacement or amended Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR-1608 takes
effect, RMCC's Project Collateral shall be returned by County to RMCC, or RMCC's
successors or assigns, as provided in Paragraphs G. 3.0 or G. 4.0 below.
2.0 Termination Procedures.
2.1 Termination Procedures Pursuant to Transfer of Interest. If RMCC desires to
delegate, transfer or assign its rights and obligations under this Agreement to a successor
(not an affiliate), prior to the delegation, transfer or assignment, RMCC shall provide
County with a written "Notice to Transfer," stating the date of transfer and identifying the
Third 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 as contemplated in Exhibit"C"
and the accepted construction plans for the entrance improvements associated with the
grading permit. If the improvements have been accepted by County as provided in
Paragraph E. 6.0, the delegation, transfer or assignment shall be approved upon posting of
replacement Project Collateral by Third Party under a replacement or amended
Improvements Agreement According to Policy Regarding Collateral for Improvements —
USR-1608. If the improvements have not been completed, RMCC shall either complete the
improvements or County shall require Third Party to post replacement Project Collateral
under a replacement or amended Improvements Agreement According to Policy Regarding
M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special RevlevAUSR-1608 RMCC Holton Lakes\Improvements Agreement\RMCC-
Holton Family(USR-1608) FINAL IA(9-7-10)docx 10
1 111111 11111 111111 111111 11 11111111 11111 III 111111 III III'
3725306 10/14/2010 11:56A Weld County, CO
12 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Collateral for Improvements — USR-1608. If the improvements have not been completed,
the Board of County Commissioners may, in its sole discretion, hold a hearing to determine
whether the RMCC Project Collateral should be called upon to pay County or a contractor
of the County to complete the improvements described in Exhibit "C" or the accepted
construction plans for the entrance improvements associated with the grading permit.
County shall also inspect the entrance area which is covered by this Agreement to assess its
current condition and to determine whether RMCC would have been required to perform
maintenance to the entrance area within the coming twelve (12) months had the Agreement
not been delegated, transferred or assigned. If said maintenance would have been, in the
opinion of County, required, RMCC shall be required to either perform the maintenance or
its delegate, transferee or assignee shall post collateral equal to the cost of said maintenance
under the terms of the replacement or amended Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR-1608. County may execute a
replacement or amended Improvements Agreement According to Policy Regarding
Collateral for Improvements— USR-1608 with Third Party prior to the performance of the
site maintenance, but will not release the collateral posted by RMCC until the Third Party
has executed a replacement or amended Improvements Agreement According to Policy
Regarding Collateral for Improvements—USR-1608 and has posted the required collateral.
3.0 Consequence of Termination by Cessation of Permit Related Activities. Following
County's confirmation that RMCC has ceased all activities related to USR-1608 and completed the
improvements described in Exhibit "C" and the accepted construction plans for the entrance
improvements associated with the grading permit (and any required maintenance), County shall
release RMCC from all further obligations under this Agreement and shall release the Project
Collateral RMCC has posted. No subsequent activities under USR-1608 shall be permitted until a
replacement or amended Improvements Agreement According to Policy Regarding Collateral for
Improvements—USR-1608 with Third Party becomes effective, if so required.
4.0 Consequence of Termination by Execution of Replacement or Amended
Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-
1608 with Third Party. Following County's execution of an Improvements Agreement According
to Policy Regarding Collateral for Improvements—USR-1608 with Third Party,the current Surface
Owner and/or RMCC shall have no further rights, obligations or liabilities under this Agreement,
USR-1608, or the subsequent Improvements Agreement with Third Party. In addition, County
shall release to RMCC the Project Collateral RMCC has posted.
5.0 Consequence of Termination Pursuant to Permit Revocation. In the event that
activities related to USR-1608 cease as a result of the revocation of the permit, RMCC will be
released from any of the obligations imposed by the terms of this Agreement only after RMCC's
successful completion of all improvements required under this Agreement as provided in Exhibit
"C"and the accepted construction plans for the entrance improvements associated with the grading
permit, or after County accesses the collateral to the extent necessary to complete improvements
County, in its sole discretion,deems necessary to preserve public interests..
6.0 Modification. This Agreement sets forth the entire understanding among the Parties
regarding the matters addressed herein, and supersedes any previous communications,
M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1608 RMCC Holton Lakes\Improvements Agreement\RMCC-
Holton Family(USR-1608)_FINAL IA(9-7-10).docx 11
1 IIIIII 11111111111111111 EMI 11111 VII III IIII
3725306 10/14/2010 11:56A Weld County, CO
13 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
representations or agreement, whether oral or written. This Agreement shall not be amended,
except by written document signed by all Parties. The Parties agree that if, for any reason, any
provision, term, or portion of any provision or term of this Agreement shall be held invalid, illegal,
or unenforceable, this Agreement shall automatically be conformed to such holding, and the
validity, legality, and enforceability of the remaining terms, provisions or portions of provisions
and terms of Agreement shall not be impaired but shall continue in full force and effect.
H. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
not included in this Agreement. It is the express intention of the undersigned parties that any person
or entity, other than the undersigned parties, receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
SURFACE OWNER: OWNER OF SAND, GRAVEL
AND STONE ESTATE:
Holton Family, LLC Ready Mixed C c to Company RMCC)
By PAn (MO's\it-^entO.ra
STATE OF COLORADO
) ss.
COUNTY OF WELD44t
The foregoing instrument was acknowledged before me this .3 day of 5e plc M c r , 2010
by Dr. Thomas M. Holton, as yvvw\na Y of Holton Family, LLC, a Colorado limited
liability company.
My Commission Expires: /,2 110 /2013 \`\ouuuuurptt,�'
Witness my hand and official seal. �oTA,9 • J
c d-a-C ���. Val G :oo
ci
Notary Public %y .� �Q\
for nek-e'
MI `\\\
MAPLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1608 RMCC Holton Lakes\Improvements
Agreement\RMCCHolton Family(USR-1608)_FINAL IA(9-7-10).docx
1
1 111111 11111 111111 111111 11 111111II 11111 III 111111 III 1111
3725306 10/14/2010 11:56A Weld County, CO
14 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER
The foregoing instrument was acknowledged before me this Ic{'\tlay of 10
by 6,{- texas Vrc i,d,., 1 of Ready Mixed Concrete Company,a Colorado
corporation.
My Commission Expires: 3/ 'f 9 0
`\aet°'n"1°"tten,,,�� Witness my hand and official seal.
,oE Al
n' Notary Public
VcT P
,..,,• rJ�°Q4nj\
l.i1Ln9}yS3P•r T'
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Dou�emac r,Chair
ATTEST: ��� ,,.` OCT 0 4 2010
•
We • County Clerk to the Board ! 4:12',
1661.. �3,4 •��
BY:
Deputy Cle to t e Board
APPROVED AS TO FORM:
County Attorney
M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1608 RMCC Holton LakeMimprovements
Agreement\RMCCHolton Family(USR-1608)_FINAL IA(9-7-I0).docx
13
"Ill' VIII IIIIII IIIIII II IIIIIIII VIII III IIIIII III IIII
3725306 10/14/2010 11:56A Weld County, CO (90/O— O73 210
15 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT"A"
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS(ON-SITE ONLY)
Holton Family, LLC,C/O Ready Mixed Concrete
Company - USR-1608
Cost Sheet(On-Site)
r
EXHIBIT A-Cost Sheet(ON-SITE) SW 1/4, S 6 ,T1N
Name of Subdivision,PUD,USR,RE,SPR: Holton Lakes Fiiag/Case p:US R--16 0 8 Locationl26 6W, 6th P.M P.M.
Personnel Contact:Name Bill Timmons ritie G.M. mm.303 . 659. 0630
0 3 . 6 5 9. 0 6 3 0
lrtudina ft he kcal&bnsnd.lie Azirticsisi herriy agreesa Rwriik durosigihrat elsleaky the foaming thsprevements.
Iaaprovements (ON-SITE)
(Leave spaces blank where they do not apply) Owantity 1111111 trait Costa(S) Estimated Caustrwetiva
Cast is
Site Grading 12 Hours _ $150 . 00 $1, 800 . 00
Street Grading
StreetBase (Class 6) 1,700 Yards $5 . 00 $8, 500 . 00
Street Paving
Entrance Improvements(Per Sec. E-7.2) 700 Yards $100 . 00 $70, 000 . 00
Curbs,Getters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
miaxxixx Cattle Guards 4 Guard ,3 . 000. 00 $12, 000 . 00
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main
Erosion Control Measures/BMP's
Laterals(house or building connected)
Water Supply and Storage
Water Mains(includes bore)
Fire Hydrants
Survey,Street Monuments/Boxes
Parting Area
Street Lighting
Street Names
Sigaage&Pavement Marking one (1) Stop Sign $150 . 00 $150 . 00
FencingRegnirements 1. 600 feet S1. 90 $3. 040 .00
Landscaping 60 lbs. $15 . 00 $2, $00.00
Park Improvements
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL $97, 990 . 00
Engineering and Supervision Costs S 89. 8 0 0. 0 0
(Testing,inspection,as-built plans and work is addition to preliminary and final plat supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S 8107. 790.00
1111111 1 11111011111110 11111111111111101111111 Hi III
3725306 10/14/2010 11:56A Weld County, CO
16 of 23 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
EXHIBIT'S"
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS(ON-SITE ONLY)
Holton Family, LLC,C/O Ready Mixed Concrete
Company -USR-1608
Time Schedule(On-Site)& (Off Site)
EXHIBIT B-Time Schedule(ON-SITE)&(OFF-SITE)
Name of Subdivision,PUD,USR,RF.,SPR:Holton Lakes Filing/Casea:US R 16 08 l ocatian:SW 1/4, S6.TIN,R66W
6 W
Intending to be legally bound,the undersigned Applicant hrJelry agrees to provide throughout thi,facility the following ie proles eats
All Improvements shall be completed wt thin 3 years from the date of approval of the final plat
Construction of the unprovemarrts Usted In Exhibit A shall be completed as follows:
Improvements ( Time Schedule
(Leave spaces blank where they do not apply) _
(ON-SITEI (OF'F-SITE I
Site Grading
Street Grading
Street Base
Street Paving
Start June 1 2013 _M_
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Cattle Guards Start June 1, 2013
Grass Lined Swale
Ditch Improvements
Subsurface Drainage v r
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main
Erosion Control MeasuresBMP's
Laterals(house or building connected)
Water Supply and Storage
Water Mains(includes bore)
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area
Street lighting
Street Names
Signage&Pavement Marking
Fencing Requirements
Start June 1. 2013
Landscaping Start October 1, 2013
Park Improvements
Telephone
Gas
Electric
Water Transfer
Foul Comoktio■Date for Entire Project
October 31, 2013
IIII1111111111111111111111111111111III
1111111111111
3725306 10/14/2010 11:56A Weld County, CO
17 of 23 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT"C"
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(ON-SITE ONLY)
I Holton Family, LLC, C/O Ready Mixed Concrete Company -
USR-1608
Excavation and Landscape Plan drawings(Sheets 3 and 5) !,
jil
p M• If
_ '7 � HIGHWAY4='-: 3 4� F._ 1
"ss - — - F .
-- s 14
iI TAG Tilt
�I �m�0¢. �_ �� ----- HOLTON O 'b j �I II iii
3L 1� 1� � VIIDoiI N
■■y . II '� � Stage 1 1 �I 1
—ITT-ex.; -I k �, , lV 1 i Mining Table Holton Stages. „„‘ •
ll ten.I^ 'JP"III"Pee .t/ \ �% � ' -a IJ/ (` �\
7HOLTOII
GAY' HOLTON.�, 4.
� ' �� `Stage$ '• *�� ° 2 ILA '.� t
/ 3k -r}k, 0 y Stage 2 ✓i, "_
p ' llo•
Y � Li
I,
L �0 HOLTON
- / II
. J
--- -T _ la x ✓ kr-sr
\\� f w t yl v>m
♦q . I I 11 w
t
3 III iI (,)- '�1
1 s
1 h , (II r
yf F• J
Ths#..7 i 1 111 it.,c\\' cr\\\ a —fa; Pas""amiThR _ __/ 1 I
1 d LEGEND
HOLTON Vl • w
/T "" Stage 4I• .^ ,1� 8 'a ....�. 0 «.ese.,..... _—
la
��4€.5-_, II - ® air w..run.r.J-1'41111�� mw.mv. .�`..0
8
��4 .. . v.•9N .N
9M street's...y52 Me C
w.'b.� 1
awards...4--'c"Any,.ae TT... 20•21Kurosty ( 71 ender the pnwnent Sow CIO
75 FT - - ----- -- I in
22°n 240s �c4
--,,,,, -_ - -��nn»a,,,..n-- ---__-�. t --At,' a c
g�60,.......„...„...
._ ,. . �... `,11 3" a p L
s
—_.—_ zz0n. ^-1 _1'.?s_._ -sson. 14022.--_ 4--
� _ a _- __�,....,,.�__—_ _... - =off
a S,.....1
, HWY#52 SItE ACCESS DETAIL * °: .. r i ro -0 0
T
-T
'^°"c`HOLTON LAKES PLAT "°"` "'°"°°" o..t EMIE 0
USE BY SPECIAL REVEW(USR# 1608) READY En®caNmEte m. rotor, .--7'r r a*" A Ice . - -. . 3 �c c
saes BRIGHTON ROAD ...e.�, 'Wna IT Ca
a a'I)C
"'E IMPROVEMENTS AGREEMENT- INGHTI 345 30302 3031 333
A 3034580430 '-0'.602 1311 : -t $ �N.a
EXHIBIT"C" (Extraction Plan Map) ^+.^°'�'m' - j ., —M
t:ELTat - 4
S. a _tom , R f
fQ A_��F" .5, 1 \= HOLTON 0 it Et
U� t� t �� Stage 1 o�„��xFT
L 5 vim:. ^� �\\‘{ -
I— I I M''M R.os a %%S..
�' .e \\\,{ Nd MalmY� t 1
' Md
ILAVeit
e -V, WA `� - / 1Ilil -. • ;I
HOLTONi �� • , ID! ,®E
S s �c a; (. .�O HOLTON 1, ENTRANCE SIGN @ HWY C 52.0
Stage n. % A Stage 2 ' � ro".
/ I l
/
IIIf- t` f
\ \\\I
1y 1
....� ap \ Stage 3 ' W
..
de °:0 \\ G o j I
•V
I i 1 A t - I'I RR
� •V • / ,5 y b I
�� �' \ � . l oo O 1r , v �7Y a e
7w^.M Ili 1 r 4
ii 1
•"� HOLTON 14
Stage 4. ...s 01W ��h 1 _ .- -
=IM=C
ca
IP �`. BARBED WIRE FENCE µ®� meroz1mm Ni
,.�mnw
o
In , (({({) �" MIpO.93I MD IR FOR TV--Sl0OAE---
Ill _.' "' P suisF ripe Famm,w v.M.• sv� In
a� • X _ L. yy A. gm. f_ n.+sy W..,.0 0.s. 4
1 .' F .T Yet v / f� i/ orx HL=I'M[Ys "Is ",.a."... 5 _
"Ina mime LEGEND ""E"•" 'eaten .+`V" -�YW.aN v r
�.. e r 2'22212"2.22
an'`®.sue u .u4+ Sim s.ml wK_.ewrm , - 1 Mr
Jz € ..—.. -____i zee...e —O
Fc ,i O
o Bi o w S to
1= mo O
=C')
Iran N
-r
OD
" T HOLTON LAKES PLAT 'o°"e "4•°°r REVISIONS swat
— ,e..'am
USE BY SPECIAL REVIEW(USR# 1608) REA" CONC7IE7E C°` r°7-"3"7". ",.`""d" 9"a: - "' — --Tr,— 5
1{Sas eao &m-RDM =.t— r m - _~_ .w'e
s�,msE IMPROVEMENTS AGREEMENT- RCRIX 0.10601 ---- --- '
EXHIBIT"C" (Landscape Plan Map) 303-659-0(010 ,ro5�ro.-115, - _....
EXHIBIT"D"
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS i
(ON-SITE ONLY)
Holton Family,LLC, C/O Ready Mixed Concrete Company -
USR-1608
Letter from Holton Family, LLC
to K. Ogle, Weld County(October 10,2008)
October 10,2008
Mr. Kim Ogle
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
RE: Morton Lakes USR Application and Holton Lakes USR 1608
Dear Kim:
Ready Mixed Concrete Company is authorized by Holton Family, LLC to utilize
the Holton Lakes property as described in USR-1608 in conjunction with the coordinated
mining and reclamation of the Holton Lakes and Morton Lakes properties. Coordinated
and authorized uses include but are not limited to the following:
1. Excavating all sand and gravel material between the Holton-Morton
common boundary as shown on the attached Morton Lakes Mining
Plan;
2. Reclaiming the excavated common boundary for developed water
storage as shown on the attached Morton Lakes Reclamation Plan;
3. Conveying sand and gravel excavated on Holton to Morton for
processing;
4. Use of the C-DOT approved Holton Lakes' access to Colorado
Highway 52 for ingress and egress to Morton and,
5. Transporting sand,gravel and concrete from Morton to the C-DOT
approved Holton Lakes' access to Colorado Highway 52.
Please do not hesitate to call me with any questions regarding this letter.
Sincerely,
aiX
Tom Holton, Holton Family,LLC
Cc: Bill Timmons,Ready Mixed Concrete Company
air ,
111111111111111111111111 11 11111111 11111 III 1111111 11 1111
3725306 10/14/2010 11.56A Weld County, CO
20 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
r
COLORADO STATE W Ca1W.Y•y J
C—
ir it
Illot 1
005111 'i
IOW*. 1.1R t. . W.r.a 1••WA I.
{�. Paw.1•4 ham II
V.
ISO 11
i r blueroan iaaorw. ;�
—�/
l�".lI W . w'rw r__ C,/ . .: . r eawreer•he
OM O.-re i . • Z.., r`..
e ,Vna.w.r i ' ' 7 r? '....,Stage 3
I
Sandi Iae.�•Yx ; a=''VI w ac4 aG
r aa..9r c,calw. !1ilk •
w.•,..�
NI
_ Scream..-- t a lb, • W i
ra
N+_r,5••• 1 --, -_-y„
I /
7. r/ I
t mac '=-�. -i
\ c
. i r :\1.1Stage 4 ►\ .+r `iI i t \ s:),
py1 .� \ I 1i
Stage ; ; \\1 ,;EONS ECOSIAM tl I xiTw /li (/ a a%
..:‘,.1'
4 1.._....ri, „"
q.
1 w.1 '` /' v I
+ r�, 1 vi
x...M ,,. ,-� == -
;� Stage 5 �� ` \\`
�1 .x,a� �:.�'ti 's \ % i Stage 2 '
11 \�. Stage 1 1 iZIA� t
E�11‘
if! .`- \,� 5 1
area + ._ s �� G� �.. ..mom..�..
._r�..� ire.
_- _.._area___... .r.__r.�___
area Y-��vr .(IiMf Iu.ui.
LEGEND r .wn...
•..v .+• —!w 7 s MORTON Mining Table
.......m. r-----, .-m.s..a• we. G`n4 Taal in
-- • ,.ono-.. ?al. �R4? . f -- In w in O
. . . .--...area.., [ .t.' . ..__;..4....., --wa re
a• _ a
MD RA
area-. area,,, .......,,�.. --- ware.. was Z z -
.1(.'.:w.� --....- 0 x y
itLva_5 a...
.aaea:MORTON LAKES read..- ...•.w.. . .! .�.:.:nL—.r■a:T.. - - ........
USE BY SPECIAL REVIEW(USR#_) READY► D Cone Co. ,....mm...+ .�.•-.a•... ----•1 - — a.., 3
14585 BRGHTON ROAD .s 1"1�' r1G wr o. { u
.-rare r ,ms,... _
OUT WOE EXTRACTION PLAN MAP OOKIffIll CO SOW
cow
•wi..Ga.a, •'ti°I°.'.•r11•' --}-�T_.—_ �.
111111111111111111
131111111I\\I \I1Weld h►.
2112115013
725306 1011412010111111111111111111 11:56A eve MorenoCouo ClerkCO& Recorder
3
21 of 21311101111110141.11021001
3 R 0.00 D 0.00 t
% co--
....v
•
—.o
]� --
y4y ilti _ �ycY sue`,1?.. co
SIB
a` 'r 1
I
• telw rx te,.
I� �.�'I r. ux../;.-'.-..,;;14,
N :- I
/ � i
( £v th v 1 /�
I 1ll
\ ) I 1 1(_� It'
i
J b
i :4;7;i5,- 1 I.
\
4Y — nT.r' ` I r
_. . - 1 a V .gy.,'yg�. V \R` ra ..--„,---sr:. `—' 1 11
I nYs�. p .�y s ,_ zZw.t _f.
i 4 r a s ',n.a w.-wr.�+"4
i u.0 I � r9fR � Tv}�a.� r 4,
5
III
is h r.. r'r��� x .
.�/iki// H/. "////// _
LEGEND -----11-_—,::-`,
1u.Npgcn W Y up
r �
r r Twl"_
..._ w
5 e
W �. _t Z o €
0
h J u
_.�.� lib —
.:MORTON LAKES _..ss. -'-� °I`o�°° ..... ,a,
USE BY SPECIAL REVIEW(USR#_) READY wcED CONCRETE Co. >„ _ �_ . . „„� 4
14585 NarartaN ROAD 'n°�~
RECLAMATION PLAN MAP ,„„,„„„co
'm 1° „r;,:, , '......�..a. __ ........ S
I liltIIIII 111 tilt II 113 tit III Intl II it
327225306 101010
of 23 R 0.00 D 0.00 Steve Moreno Clerk&Recorder
EXHIBIT"E"
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(ON-SITE ONLY)
Holton Family, LLC,C/O Ready Mixed Concrete Company -
USR-1608
Memorandum of Surface Use and Mining Agreement
recorded at Reception No. 3528508(January 11, 2008)
1111111111111111111111111111111 11111 10 111111111 1111
3725306 10/14/2010 11:56A Weld County, CO
23 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
11111111111181111111111IIIII IIIII11111IIIIIIII IIII IIII
3528508 01/1112008 01:27P Weld County, CO
1 of 4 ft 21.00 D 0.00 Steve Moreno Clerk&Recorder
508
MINERAL DEED
This Mineral Deed is made this 9th day of January, 2008 by and between HOLTON FAMILY,
LLC, a Colorado limited liability company (the "Seller") (hereinafter "Seller"), and READY MIXED
CONCRETE COMPANY, a Colorado corporation (the "Purchaser"). Seller and Purchaser may be
referred to collectively herein as the"Parties"or individually as a"Party."
For and in consideration of the Purchase Price set forth in that certain "Option and Agreement to
Purchase Construction Aggregate Materials in Place" dated August 26, 2005 between Seller and
Purchaser,and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Seller by these presents does hereby grant, sell, convey, assign, and deliver to the
Purchaser all of the Seller's right, title and interest in and to all of the sand, gravel and stone(hereinafter
"Construction Aggregate Materials")existing in, on, and under the following described land situated in
Weld County,Colorado to wit:
See Exhibit A attached.
(the foregoing lands being hereinafter referred to as the"Property"),together with the topsoil,overburden
and other materials excavated from the Property including 50% of all precious metals contained within
said construction aggregate materials, and together with the right of ingress to and egress from the
Property at all times to prepare the Property for and carry out exploration, development, mining,
processing, distribution and marketing of Construction Aggregate Materials, to locate pits, quarries,
stockpile areas, crushers, screens, wash plants, scales, scale houses, offices, equipment parking, office
parking, storage areas necessary for processing, removing and selling Construction Aggregate Materials
therefrom, and to reclaim the Property (hereinafter together referred to as "Mining Operations"), and to
locate and operate thereon a concrete ready-mix batch plant and hot-mix asphalt batch plant (hereinafter
together referred to as "Ancillary Operations"). Said rights of ingress to and egress from the Property
shall terminate on the date specified in that certain "Surface Use and Mining Agreement" between Seller
and Purchaser dated January 9,2008.
Seller does also hereby grant,sell,convey,assign,and deliver to Purchaser and Purchaser shall be
entitled to possession of that portion of the Property necessary to conduct thereon such operations as the
Company deems necessary or convenient in connection with the exploration, development, mining (by
open pit, dry, wet or slurry methods in the Company's discretion), processing or marketing, and
distribution of Construction Aggregate Materials found in, on and under the Property. The rights herein
granted shall specifically include, without limitation, the right to use and improve the existing roads, the
right to construct, maintain and use additional roads,the right to construct, maintain and use on or within
the Property any and all structures, equipment or facilities necessary or desirable for the mining,
processing and distribution of Construction Aggregate Materials, the right to remove the forgoing
structures, equipment and facilities, the right to conduct to the final satisfaction of any State or local
governmental authority all reclamation activities required on the Property, the right to negotiate in
consultation with Seller any surface use agreement with any mineral estate owner for joint surface use,
movement of pipelines and well production facilities(or any related activity),and the right to jointly enter
into with Seller any surface use agreement with any mineral estate owner for joint surface use, movement
of pipelines and well production facilities(or any related activity).
To have and to hold the said Construction Aggregate Materials, said 50% of precious metals
contained therein, said rights of ingress to and egress from the Property,and said additional rights above
bargained for and described, with the appurtenances, unto the Purchaser, its successors and assigns
forever. The Seller for itself, its successors and assigns, does covenant, grant, bargain,and agree to and
111111111111111111111111111111111111111 1111111 l I I I I I I I
3528508 01/11/2008 01:27P Weld County, CO
2 of 4 R 21.00 0 0.00 Steve Moreno Clerk&Recorder
with the Purchaser, its successors and assigns, that at the time of the ensealing and delivery of these
presents, it is well seized of the Property, the Construction Aggregate Materials, the precious metals
contained therein, the rights of ingress to and egress from the Property, and the additional rights above
conveyed, has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple,
and has good right, full power,and lawful authority to grant,bargain,sell,and convey the same in manner
and form aforesaid, and that the same are free and clear from all former and other grants, bargains,sales,
liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except
general taxes and assessments for the current and future tax years, and subject to easements,reservations,
restrictions,covenants and rights of record, if any.
The Seller shall and will WARRANT AND FOREVER DEFEND the above bargained
Construction Aggregate Materials, 50% of precious metals contained therein, rights of ingress to and
egress from the Property,and the additional rights conveyed, in the quiet and peaceable possession of the
Purchaser, its successors and assigns against all and every person or persons lawfully claiming or to claim
the whole or any part thereof.
Upon termination of that certain "Surface Use and Mining Agreement' between Seller and
Purchaser dated January 9, 2008, a short form of which shall be recorded in the land records of Weld
County, Colorado, Purchaser shall quit claim to Seller any right, title and interest to the Property herein
conveyed by this Mineral Deed.
This Mineral Deed and the rights and duties hereunder shall be assignable by either Purchaser or
Seller only upon the advance written consent of the other.
This Mineral Deed shall be governed by the laws of Colorado,without reference to the choice of
law or conflict of law provisions thereof.
This Mineral Deed is subject to the terms and conditions of the "Option and Agreement to
Purchase Construction Aggregate Materials in Place ("Agreement') effective August 26, 2005 and the
terms and conditions of the "Surface Use and Mining Agreement" between the Parties dated January 9,
2008. The Agreement,this Mineral Deed,and the Mining Agreement state the entire agreement between
Seller and Purchaser.
IN WITNESS WHEREOF,the Seller has executed this Mineral Deed on the date first set forth
above.
DATED: 0 79 l p
HOLTON FAMILY, LLC
a Colorado limited liability company,
- ..- -,
\n/N -..z
Title: v\l\-.61),-.3-n9v i/`
And
2
I11111111111111111111111111111111111IIIIIIIIIIIIIII►II►
3,528508 01/1112008 01:27P Weld County, CO
3 of 4 R 21.00 D 0.00 Steve Moreno Clerk&Recorder
READY MIXED CONCRETE COMPANY
a Colorado corporation
By: /; a
Title: Piei. ..lw
ACKNOWLEDGEMENTS
STATE OF COLORADO
) ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 9th day of January, 2008 by Dr.
Thomas M. Holton,asyYlc&c c•cA;3J of HOLTON FAMILY, LLC,a Colorado limited liability
company.
My commission expires: l<1 k aO1 o
``\\\auumw,440 is• f�
stow— Notary Public
01• PUBL%C !
,`
STAyPieF` O )
4�hfp10ammN\P\O ) ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 9th day of January, 2008, by Ronald
S. Henley as President of Ready Mixed Concrete Company,a Colorado Corporation.
My commission expires: 21 a l a-cu\G
�N\N111�f I:U11I1/�N/'
Np7ARV; '
—owe— Notary Public
O'1: PUBLIN-J:O
0.4;•• ...••�:
3
11101111,1 HI 11I1h1 IfIN HU 11111 III 111111111 IIII
3528508 01/11/2008 01:27P Weld County, CO
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
Exhibit A to Mineral Deed
Legal Description
Parcel A:
The N E 1/4 of the SWI/4, the NI/2 of the S E 1/4 of the SWI/4,the N1/2 of SWI/4 of the SWI/4,and the
SW 114 of the SWI/4 of the SW 1/4 of Section 6 in Township 1 North, Range 66 West of the 6th P.M.,
Weld County,Colorado;
EXCEPTING THEREFROM those portions conveyed in Deeds recorded in Book 1403 at Page 414,and
in Book 1471 at Page 185.
Parcel B:
The W1/2 of the NW 1/4 of Section 7 in Township I North, Range 66 West of the 6th P.M., Weld County,
Colorado, EXCEPTING THEREFROM the NE1/4 of the NW 1/4 of the NW 1/4.
Parcel C:
Part of Sections 6 and 7,Township 1 North, Range 66 West of the 6th P.M. Weld County, Colorado,
more partcularly described as follows: Beginning at the Southwest corner of the NE 1/4 NW 1/4 of
Section 7,Township 1 North, Range 66 West of the 6th P.M., Weld County,Colorado; thence N 0
degrees 04' 06" W along the West line of said NE 1/4 NW 1/4 a distance of 660.46 feet to the Southeast
corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7; thence S 89 degrees 33' 44" W a distance of
738.40 feet to the Southwest corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7; thence N 0 degrees
14' 07"W along the West line of the NE 1/4 NW 1/4 NW 1/4 of said Section 7 a distance of 660.51 feet
to the Northwest corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7;thence N 0 degrees 33' 43' W
aiong the West line of the SE 1/4 SW 1/4 SW 1/4 of said Section 6 a distance of 660.60 feet to the
Northwest corner of the SW 1/4 SW 1/4 SW 1/4 of said Section 6; thence N 89 degrees 33' 49"E along
the North line of the S 1/2 S 1/2 S 1/2 of said Section 6 a distance of 2223.12 feet to the West right of
way line of U.S. Highway No. 85;thence S 06 degrees 13' 31"E along the West right of way line of U.S.
I lighway No. 85 a distance of 1691.42 feet to a point of curve;thence along an arc to the right having a
radius of 5640.35 feet, an arc distance of 299.43 feet to the South line of the NW 1/4 NE 1/4 of said
Section 7;thence S 89 degrees 33' 28"W along the South line of the N 1/2 N 1/2 of said Section 7 a
distance of 1682.72 feet to the point of beginning.
Parcel D:
The NW 1/4 of the SW 1/4 of Section 6 in Township I North, Range 66 West of the 6th P.M.,Weld
County,Colorado;
EXCEPTING TIEREFROM those portions conveyed in Deeds recorded in Book 114 at Page 157,and in
Book 1471 at Page 185.
1111111 11111 11111111110 1111111111 11111 i i i 111111111 1111
3528507 01/11/2008 01:27P Weld County, CO
1 of 4 R 21.00 D 0.00 Steve Moreno Clerk 8 Recorder
MEMORANDUM OF
607 SURFACE USE AND MINING AGREEMENT
This Memorandum of Surface Use and Mining Agreement("Memorandum")dated this 9th day of
January, 2008 ("Effective Date") by and between HOLTON FAMILY, LLC (the "Holton"), a Colorado
limited liability company, and READY MIXED CONCRETE COMPANY (the "Company"), a
Colorado corporation. Seller and Company may be referred to collectively herein as the "Parties" or
individually as a"Party."
RECITALS
WHEREAS Seller owns approximately 320 acres of land located in parts of Sections 6 and 7,
Township I North, Range 66 West of the 61h principal meridian in unincorporated Weld County,Colorado
(the"Property"), which is described in Exhibit A hereto;
WHEREAS Seller and the Company entered into that certain Option and Agreement to Purchase
Construction Aggregate Materials in Place made effective August 26,2005, pursuant to which: (i) Seller
granted to the Company an exclusive option to purchase the Construction Aggregate Materials in place on
the Property; and (ii) the Parties established the definitive terms of a Mineral Deed and Surface Use and
Mining Agreement ("Mining Agreement") necessary to complete such purchase and sale, and to
commence mining, operating on, and reclaiming the Property should the Company elect to exercise the
option granted by Seller.
WHEREAS the Company executed the option contemplated in the Option and Agreement to
Purchase Construction Aggregate Materia/s in Place by letter to Seller dated December 14, 2007;
WHEREAS the Parties wish to place of record notice of the Mining Agreement in the land
records of Weld County,Colorado.
NOW,THEREFORE,the Parties confirm the following:
AGREEMENT
. Grant of Right to Use Surface. By virtue of the Mining Agreement Holton confirms,
extends and grants to the Company, its successors and assigns, the exclusive right and privilege to enter
upon, through and under the Property, and to conduct thereon such operations as the Company deems
necessary or convenient in connection with the exploration,development,mining(by open pit,dry, wet or
slurry methods in the Company's discretion), processing or marketing, and distribution of Construction
Aggregate Materials found in, on and under the Property. The rights herein granted shall specifically
include, without limitation, (i)the right to use and improve the existing roads, (ii) the right to construct,
maintain and use additional roads, (iii)the right to construct, maintain and use on or within the Property
any and all structures, equipment or facilities necessary or desirable for the mining, processing and
distribution of Construction Aggregate Materials, (iv) the right to remove the forgoing structures,
equipment and facilities, (v) the right to utilize so much of any existing water rights appurtenant to or
historically used in connection with the Property or which may be otherwise available to Holton to offset
any evaporative loss of water from the Property that occurs during the course of mining and processing of
Construction Aggregate Materials, and the Company's related operations, including without limitation
dust control, water removed with mined Construction Aggregate Materials, reclamation irrigation and
similar operations(including, but not limited to, materials washing operations);(vi)the right to conduct to
the final satisfaction of any State or local governmental authority all reclamation activities required on the
Property; (vii) the right to negotiate in consultation with Holton any surface use agreement with oil and
11111111111111111111111111111111111111111 1111111111III
3528507 01/11/2008 01:27P Weld County, CO
2 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
gas operators for joint surface use, monument of pipelines and well production facilities (or any related
activity), as necessary to protect and maximize the volume of Construction Aggregate Materials that can
be Removed from the Property; and (ix) the right to enter into with Holton any surface use agreement
with oil and gas operators for joint surface use, monument of pipelines and well production facilities (or
any related activity)as necessary to ensure that the maximum volume of Construction Aggregate Material
can be Removed from the Property.
2. Mining Agreement Term. All rights and interests granted to the Company in the
Mining Agreement shall commence on the Effective Date and terminate on December 31,2025.
3. Additional Terms. Information regarding the Mining Agreement can be obtained from
the Parties at the addresses set forth below.
Ready Mixed Concrete Company Holton Family, LLC
4395 Washington Boulevard 12032 Highway 52
Denver, Colorado 80216 Ft. Lupton, Colorado 80261
Attn: Bill Timmons Attn: Thomas M. Holton
Phone: 303/292-177 I Phone: 303/857-2446
4. Counterparts. This Memorandum may be executed in multiple counterparts each of
which shall be deemed an original, but all of which shall constitute one and the same Memorandum.
IN WITNESS WHEREOF, the Parties have, by their duty authorized representatives,
executed this Memorandum upon the Effective Date.
HOLTON FAMILY,LLC READY MIXED CONCRETE
a Colorado limited liability company COMPANY, a Colorado corporation
•
•
- • 4-7 By: (1/2
Title: (...)--c� f" Title:
�
2
1IIIIII Ill 111111111111111111111Illlf III 11111111 11
3528507 01)11/2008 01:27P Weld County, CO
3 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
ACKNOWLEDGEMENTS
STATE OF COLORADO
) ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 9th day of January,2008 by Dr.
Thomas M. Holton,as' to-tiac r of Ilolton Family, LLC,a Colorado limited liability company.
onE.sQ l(
S�PES(�y'F.,gmmission Expires: �l ���aV 1 O
gQ� T A witj essay hand and official seal.
• N p
0.• PUBLIGO=
'kV PP Notary Public
FOFCn
STATE OF COLORADO
) ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 9th day of January,2008 by Ronald
S. Henley as President of Ready Mixed Concrete Company,a Colorado corporation.
My Commission Expires: S I l O I CD
ono
auu(uuoy�i
��yP.• [ ' and and official seal.% • 1: AIR NOS,,..►—Y ▪ ' �G e - k., otQ
P• U a LIG• OO= Notary Public
41;11- •OF Giles
3
1111111 1111101111 1111111111111111111111111 Ills IIII
3528507 01/11/2008 01.'27P Weld County, CO
4 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder
Exhibit A to Memorandum of Surface Use and Mining Agreement
Legal_Decription
Parcel A:
The NEI/4 I/4 of the SW I/4,the N1/2 of the SE 114 of the S W 1/4,the N I/2 of S W 1/4 of the S W 1/4,and the S W 1/4 of
the SW I/4 of the SW 1/4 of Section 6 in Township I North,Range 66 West of the 6th P.M., Weld County,Colorado;
EXCEPTING THEREFROM those portions conveyed in Deeds recorded in Book 1403 at Page 414,and in Book
1471 at Page 185.
Parcel B:
The WI/2 of the N W I/4 of Section 7 in Township I North, Range 66 West of the 6th P.M., Weld County,Colorado,
EXCEPTING THEREFROM the NE1/4 of the NW I/4 of the NW 1/4.
Parcel C:
Part of Sections 6 and 7,Township I North,Range 66 West of the 6th P.M. Weld County,Colorado,more
partcularly described as follows: Beginning at the Southwest corner of the NE 1/4 NW 1/4 of Section 7,Township I
North, Range 66 West of the 6th P.M.,Weld County,Colorado;thence N 0 degrees 04'06"W along the West line
of said NE 1/4 NW 1/4 a distance of 660.46 feet to the Southeast corner of the NE 1/4 NW 1/4 NW 1/4 of said
Section 7;thence S 89 degrees 33'44"W a distance of 738.40 feet to the Southwest corner of the NE 1/4 NW 1/4
NW 1/4 of said Section 7;thence N 0 degrees I4'07" W along the West line of the NE 1/4 NW 1/4 NW 1/4 of said
Section 7 a distance of 660.51 feet to the Northwest corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7;thence
N 0 degrees 33' 43' W along the West line of the SE 1/4 SW 1/4 SW 1/4 of said Section 6 a distance of 660.60 feet
to the Northwest corner of the SW 1/4 SW I/4 SW 1/4 of said Section 6;thence N 89 degrees 33'49"E along the
North line of the S 1/2 S 1/2 S 1/2 of said Section 6 a distance of 2223.12 feet to the West right of way line of U.S.
Highway No. 85;thence S 06 degrees 13' 31"E along the West right of way line of U.S. Highway No. 85 a distance
of 1691.42 feet to a point of curve;thence along an arc to the right having a radius of 5640.35 feet,an arc distance of
299.43 feet to the South line of the NW 1/4 NE 1/4 of said Section 7;thence S 89 degrees 33'28"W along the
South line of the N 1/2 N 1/2 of said Section 7 a distance of 1682.72 feet to the point of beginning.
Parcel D:
The N W 1/4 of the S W l/4 of Section 6 in Township 1 North,Range 66 West of the 6th P.M., Weld County,
Colorado;
EXCEPTING THEREFROM those portions conveyed in Deeds recorded in Book 114 at Page 157,and in Book
1471 at Page 185.
Hello