HomeMy WebLinkAbout20100458.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR SITE PLAN REVIEW, SPR#433- DON'S OIL SERVICE, 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 December 1, 2009,the Weld County Department of Planning Services staff
approved Site Plan Review, SPR#433, for Don and Joann Espinoza, 6865 County Road 23, Fort
Lupton, Colorado 80621, do Lockman Land Consulting, LLC, 36509 County Road 41, Eaton,
Colorado 80615, for an Oil and Gas Support and Service Company (Don's Oil Field Service, Inc.)
including office facilities, storage, maintenance and parking for water trucks and related equipment
on the following described real estate, to-wit:
Lot B of Recorded Exemption #3949; being part of
the NW1/4 of Section 20, Township 2 North, Range
66 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 Don's Oil Service, LLC, with terms and conditions being as stated in said agreement,
and
WHEREAS,the Board has been presented with check#19350 from Don's Oilfield Service,
Inc., c/o Don or Joann Espinoza, in the amount of$500.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said check as stated above, copies of which are attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvements between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Don's Oil Service, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED that check#19350 from Don's Oilfield Service, Inc., c/o Don
or Joann Espinoza, in the amount of$500.00, be and hereby is, accepted.
2010-0458
PL2056
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IMPROVEMENTS AGREEMENT- DON'S OIL SERVICE, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of March A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST 0 > _ ck,� /u r c:1,-J--
�':�•IastRademac er, Chair
Weld County Clerk to the Bo 861c Ecviciyiv
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BY: ��� I,121101 -- Al y
Dep Clerk the Board \
Sean P. nway 1
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APPROVI2D A . - _ M:
J ill F. Garcia cam
ountrAttorney //\
David E. Long
Date of signature:
2010-0458
PL2056
CCI a MEMORANDUM
TO: Board of County Commissioners
OWC' DATE: 2/25/2010
• FROM: Richard Hastings, Public Works Department
COLORADO g , p
SUBJECT: Approve Improvements Agreement and Accept
Collateral For:
Don's Oil Service—(SPR-433)
Request for Approval of Improvements Agreement:
The Department of Planning Services and the Department of Public Works received a request
from the applicants, Don and Joann Espinoza, requesting that the Board of County Commissioners
consider approving the Improvements Agreement for their Oilfield Support Services Facility
(SPR-433), located at 13066 CR 20.
Weld County Public Works Department reviewed the above-mentioned signed original document
on 2/24/10, and observed the following:
• All Public Works related items on Exhibit A—Cost Sheet (OFF-SITE), of the
Improvements Agreement According To Policy Regarding Collateral For Improvements,
have been filled in and are found to be acceptable. At this time, no Planning Services or
On-Site related improvements are related to this facility.
Request for Acceptance of Collateral:
The Department of Planning Services and the Department of Public Works received a request
from the applicants, Don and Joann Espinoza, requesting that the Board of County Commissioners
consider accepting collateral in the form of a personal check(ck# 19350) from Bank of Colorado
in the amount of$500.00, as "Road Maintenance Collateral". This collateral will serve as the
proportional share for SPR-433, in the event that dust control and/or other maintenance related
repairs are required for the associated established haul route on CR 20.
Recommendation:
The Departments' of Public Works and Planning Services are recommending approval of the
Improvements Agreement According To Policy Regarding Collateral For Improvements and the
acceptance of collateral, in the amount of$500.00 for Don's Oil Service (SPR-433).
P/, 0;05(0
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IMPROVEMENTS AGREEMENT ACCORDING TO
6.14 POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Don's Oil Service—SPR-433
t
THIS AGREEMENT, made and entered into this Rt, day of fft cc Iti L,Z?(�',
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Don's Oil Service LLC., hereinafter called
"Property Owner and/or Lessee"
WITNESSETH:
WHEREAS, Property Owner and/or Lessee is the owner of, the following described
property in the County of Weld,Colorado:
Lots B of Recorded Exemption #3949; located
within the N W 1/4 of Section 20, Township 2 North,
Range 66 West of the 6th P.M. Weld County,
Colorado and
hereinafter referred to as"the Property,"and
WHEREAS, Property Owner and/or Lessee has acquired land use permits from County for an
Oil and Gas Support and Service Company on approximately 6.4 acres on the above described
real property,and the County is currently in the process of considering a Site Plan Review for the
Property(SPR-433), and
WHEREAS, the Property Owner and/or Lessee acknowledges that the issuance of SPR-433 is
conditional upon Property Owner and/or Lessee's performance of the on-site and/or off-site
improvements which are described in this Agreement and depicted in a set of plans provided by
Property Owner and/or Lessee (hereinafter referred to as"Plans"), a copy of which is attached to
this Agreement and made a part hereof, and
WHEREAS, Property Owner and/or Lessee acknowledges that it may not engage in any activity
related to the businesses described above until said improvements have been completed or a plan
for completion has been coordinated with the Department of Public Works, and
WHEREAS, the parties agree that Property Owner and/or Lessee shall not be required to
commence work on the on-site or off-site improvements until site-specific conditions are met, as
determined exclusively by County personnel.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein,the parties hereto promise, covenant and agree as follows:
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A. Required Off-Site Improvements
1.0 Off-Site Dust Control and/or Paving: County will determine the proportionate
share of dust control and/or paving costs to be paid by Property Owner and/or Lessee based upon
then current truck trip counts that identify traffic loading due to the Property Owner and/or
Lessee-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
personnel. The Property Owner and/or Lessee shall apply dust suppression chemical on WCR 20
between the facility entrance and US Highway 85 no less than twice a year, or more often as
determined by the Department of Public Works. In order to accurately determine percentage of
Property Owner and/or Lessee haul truck traffic, the County reserves the right to install traffic
counters on the driveway(s) of their facility. The percentage of haul truck traffic utilizing County
roads in the vicinity of the site attributable to Property Owner and/or Lessee (or their contractors,
clients, tenants, or customers) activities will be determined by traffic counts conducted by the
County on the primary and requested alternate or revised haul routes. The County will have sole
responsibility for determination of the percentage of truck traffic on all affected roads.
2.0 Future Improvements: Future improvements to the haul route(s) designated in
this Agreement 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 and/or Lessee shall address all
Colorado Department of Transportation (CDOT) access issues associated with afore-mentioned
haul route. Future CDOT or County mandated measures may include improvements to the
following intersections: WCR 20 and US Highway 85, WCR 20 and WCR 29.5, and WCR 20
and WCR 31, or any other intersection then utilized by Property Owner and/or Lessee as a result
of the establishment of a new haul route. Property Owner and/or Lessee shall pay a proportionate
cost share based on the number of 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.
3.0 Timing of Improvements Property Owner and/or Lessee shall not be required to
complete the aforementioned offsite improvements until the occurrence of the triggering event
for each improvement, namely the site-specific conditions at the time, as determined exclusively
by County personnel.
4.0 Acceptance of Off-Site Improvements: Upon completion of the off-site
improvements, Don's Oil Service shall contact a representative of the Weld County Department
of Public Works and request an inspection of the off-site improvements described in Paragraph
A.1.0 above. The County's representatives may then initiate the acceptance process set forth in
Paragraphs E.4.0.
4.1 All references in this Agreement to "Acceptance of Improvements" shall
refer to the County confirming completion of said improvement(s)
according to the accepted Construction Plans. By accepting any
improvement, the County does not thereby accept said improvement for
purposes of future maintenance, nor does the County accept any present or
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future responsibilities or obligations relative to these improvements.
B. Haul Routes:
1.0 Established Haul Routes:
1.1 Exiting or entering the site: Haul trucks shall enter or exit the site via the
proposed access, directly onto County Road 20 to disperse west to US
Highway 85.
1.2 No haul truck may exceed CDOT required specifications for pounds per
axel.
1.3 In unusual or rare occasions, if particular projects mandate deviation from
the above-mentioned haul route for a limited period of time (which is
defined in the Agreement as a period of not more than thirty days), which
shall be established by County at the time that the deviation is allowed. If
County approves such deviation, trucks will utilize paved county roads
whenever possible. A deviation from the established Haul route lasting
more than thirty(30) days or requests for two or more deviations within a
twelve month period shall be subject to the terms of Paragraph 4.0 of this
Section B. In the event that haul truck traffic, in excess of 15%of the daily
facility truck trips, utilizes alternate haul routes, the provisions of
Paragraph 4.0 of this Section B shall be triggered.
2.0 Haul Route Signage: Property Owner and/or Lessee 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 and/or Lessee 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 and/or Lessee'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 unpaved portion of said haul route roads, Property Owner and/or
Lessee agrees that dust control or paving measures to protect the public health, safety, and
welfare shall be instituted. County will determine the proportionate share of dust control and/or
paving costs to be paid by Property Owner and/or Lessee based upon then current truck trip
counts that identify traffic loading due to Property Owner and/or Lessee-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 personnel.
C. Road Maintenance Requirements:
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1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner and/or
Lessee agrees to excavate, repair, or patch any damage on current or future haul route roads,
which in the sole opinion of County has been created by heavy truck hauling from the Property.
Should Property Owner and/or Lessee's site activities and/or should Property Owner and/or
Lessee's truck circulation patterns change in the future so that County approves an alternate haul
route,and all or a significant portion of Property Owner and/or Lessee's sourced traffic no longer
utilizes the above-described haul route and instead utilizes other portions of County roads,
Property Owner and/or Lessee 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
shall require a written amendment to this Agreement executed by County and Property Owner
and/or Lessee. 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/or Lessee and all other Property Owner and/or Lessees
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 and/or Lessee 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 Owner and/or
Lessees: It is anticipated that Property Owner and/or Lessee and other Property Owner and/or
Lessees 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/or Lessee and other Property Owner and/or
Lessees and/or Lessees shall be conducted pursuant to separate agreements between the Property
Owner and/or Lessee and other Property Owner and/or Lessees and/or Lessees. County shall
approve the Agreements only to determine whether the required improvements/maintenance
projects have been adequately addressed. County alone shall determine the sufficiency of all road
improvement/maintenance projects when completed.
5.0 Violation of Terms of Agreement: If Property Owner and/or Lessee does not
perform as outlined in this Agreement and Exhibits A and B, such non-performance will
constitute a violation of Property Owner and/or Lessee's land use permits granted by County,
and County will take whatever remedial measures it deems necessary against Property Owner
and/or Lessee. 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 SPR-433 as it now
exists or may, from time to time, be amended in accordance with the procedures of the Weld
County Code.
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D. On-Site Improvements:
1.0 Landscaping Requirements: Property Owner and/or Lessee shall landscape and/or
maintain the landscaping and re-seeding of the property where applicable as shown on the
accepted Construction Plans and/or site plan drawings. Additionally, the Property Owner and/or
Lessee shall maintain fencing to screen the property where applicable as indicated on the
accepted Construction Plans and/or site plan drawings. Some of these improvements may include
work extending into the County Right-of-Way in which case a Right-Of-Way permit is required.
2.0 On-Site Grading, Drainage Facilities and Paving: Property Owner and/or Lessee
shall maintain, at its own expense, specified roadways, accesses and parking areas, and drainage
facilities, adjacent to or within the interior portion of the property in accordance with the
directives of the Weld County Department of Public Works and Department of Planning, as
further described in the accepted site plan drawings. Property Owner and/or Lessee shall be
responsible for all maintenance of any onsite improvements. Additional infrastructure
improvements will be addressed at the time of application for an amended SPR. Some of these
improvements may include work extending into State or County Right-Of-Way in which case a
Right-Of-Way permit is required.
E. General Requirements:
1.0 Construction: Property Owner and/or Lessee shall furnish and install, at its own
expense, the improvements identified on the accepted Construction Plans and/or site plan
drawings, 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 to public rights-
of-way or easements being completed 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 and/or Lessee.
1.1 Said construction shall be in strict conformance to the plans and drawings
accepted by the County and the specifications adopted by the County.
1.2 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 and/or Lessee's expense. My material or work not
conforming to the accepted plans and specifications, to include but not
limited to damages to property adjacent to the construction plan area shall
be repaired, removed or replaced to the satisfaction of the County at
Property Owner and/or Lessee's expense.
1.3 Said SPR improvements shall be completed, according to the terms of this
Agreement, within the construction schedule appearing in Exhibit "B."
The Board of County Commissioners, at its option, may grant an
extension of the time of completion of items shown on the accepted
Construction Plans with associated costs shown on Exhibit "A" upon
application of the Property Owner and/or Lessee subject to the terms of
Section E.4 herein.
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2.0 Release of Liability: Property Owner and/or Lessee 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 laws and regulations of the
State of Colorado governing occupational safety and health.
3.0 Warranty of On-Site and Off-Site Improvements: Property Owner and/or Lessee
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 or as otherwise specified by the County. The warranty period shall begin only after
the County's execution of a written acceptance of the improvement(s).
4.0 Acceptance of Improvements by the County: Upon compliance with the
following procedures by the Property Owner and/or Lessee, the improvements shall be deemed
accepted by the County.
4.1 Upon completion of the construction of the required off-site
improvements, Property Owner and/or Lessee may, as set forth in
Paragraph A.4.0, request in writing that the County inspect the
improvements. The County Engineer shall inspect the subject
improvements, and notify Property Owner and/or Lessee of any
deficiencies. If any deficiencies are discovered,the Property Owner and/or
Lessee shall correct the deficiencies. The County Engineer shall reinspect
the improvements after notification from Property Owner and/or Lessee
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.
5.0 General Requirements for Collateral:
5.1 County requires Property Owner and/or Lessee to provide collateral to
guaranty all of Property Owner and/or Lessee's obligations under this
Agreement: Road Maintenance Collateral to be kept in place for the life
of the permit.
5.2 Road maintenance collateral shall be submitted to Weld County to
guarantee completion of the improvements identified on the accepted
Construction Plans and/or site plan drawings and further enumerated in the
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costs listed in Exhibit"A"as shown in this Agreement. The amount of the
collateral required for road maintenance shall be established by the Weld
County Department of Public Works based upon its determination of the
anticipated expenses, and its determination of the amount shall be final.
Road maintenance collateral shall be held by County as long as this
Agreement is in effect. If any of this collateral shall be collected by
County, Property Owner and/or Lessee shall replace the amount within six
(6) months.
5.3 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. The adjustment shall be equal to the
inflation rate based on the "Colorado Construction Cost Index Report" as
published by the Colorado Department of Transportation.
5.4 Acceptable collateral shall be submitted at least six (6) months 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 cost estimates for the
improvements are updated and 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 any related operations
pursuant to SPR-433 that require a grading or building permit from the
County pursuant to the Weld County Code.
5.5 Collateral may be in the form of an irrevocable letter of credit(LOC) in an
amount equivalent to one-hundred percent (100%) of the total value of the
improvements set forth in the Improvements Agreement; the LOC shall be
subject to the requirements of Weld County Code Section 2-3-30 B. The
Property Owner and/or Lessee 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.
5.6 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
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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
subject to the requirements of Weld County Code Section 2-3-30 B.4. The
Property Owner and/or Lessee shall utilize only a County approved form
when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD
OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO).
A copy of said form shall be provided to Applicant upon request.
5.7 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to one-hundred percent (100%) of the value of the
improvements set forth in the Improvements Agreement.
5.8 The Board of County Commissioners of Weld County reserves the right to
reject collateral which is deemed inappropriate or insufficient, which may
be either as collateral in the form of a letter of credit offered by a banking
institution which does not have at least a "three star" rating given by
Bauer Financial, or as collateral in the form of a performance bond offered
by an insurance company which does not have at least a B+ rating given
by A.M. Best. The Board further reserves the right to require Property
Owner and/or Lessee to obtain replacement collateral if the rating of the
financial institution providing said collateral drops below the levels stated
above. Replacement collateral shall be submitted by Property Owner
and/or Lessee within sixty (60) days of the Board's notice to Property
Owner and/or Lessee that the rating has fallen and that the collateral must
be replaced. Property Owner and/or Lessee may not terminate existing
collateral until replacement of collateral has been secured.
6.0 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 and/or Lessee 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 accepted plans and specifications documenting the following:
6.1 "Road Maintenance Collateral" shall be maintained as long as the SPR 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.
7.0 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 the previous two sentences, the obligations to improve and maintain
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the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all
of the Property or business operation conducted thereon, provided further that County's consent
to such does not relieve Don's Oil Service LLC. of any obligations under this Agreement.
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 and/or Lessee (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/or Lessee, and upon recording
by the County,shall be deemed a covenant running with the land herein described.
8.0 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.
9.0 Violation of Terms of Agreement: If in County's opinion, Property Owner and/or
Lessee has violated any of the terms of this Agreement, County shall notify Property Owner
and/or Lessee 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
and/or Lessee shall have fifteen (15) days within which to either cure the violation or
demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith
that there has been a violation of the terms of this Agreement, County shall initiate proceedings
to revoke the permit which is the subject matter of this Agreement.Violations of the terms of this
Agreement include violations of the agreements contemplated by Paragraphs C.4.0 & C.5.0 of
this Agreement, and a failure to enter into such Agreements in a timely manner.
�����������������31/121101,1111
12:4Stev41111111 IIIII III IIIII !1i!! r0.09of 16 R0.00
Weld County, CO
MAPLANNING-DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-433 Don's Oil ServiceUmprovements Agreement\SPR-433
Improvements Agreement-Don's Oil Setvice Final(1-15-10).docx
•
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
PROPERT
OWNER:
PROPERT yt
OWNER: /s-r
Subscribed and sworn to before me this llp day of Fr hr+lor/ ` 10 •
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: I,•„ E e fLv,Chair
.ouglas ' ademach ,
MAR 0 3 2010
Weld County Clerk to the Bo
BY: •
Deputy Clerk to the Bo , I J vc c�
APPROVED AS TO F •
County Attorney
Subscribed and affirmed,or sworn to before me
in the County of Wei ci ,State of Colorado,
this,J,42..„day of Fon - ,2018.
��Cn ec- p�.✓,o 0 NDRA Sti
C official signature) N0Tq�i SO
gi-D7 Z
--r--WrM--m 11-
\ pAfUBLtC
C 01006)
10
M:IPLANNING—DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-433 Don's Oil Service Improvements Agreement\SPR-433
Improvements Agreement-Don's Oil Service-Final(1-15-10).docx
1 111111 11111 111111 11111 1111 111111 11111 III 111111 III IIII
3682614 03/23/2010 12:46P Weld County, CO
10 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder &D/D—OI/S
EXHIBIT A - Cost Sheet (OFF-SITE)
Name of Subdivision,PUD,USR,RE,SPR: SPR Filing/Case#: 433 Location: 13066 Ca 20.Ft.Lupton_
Personnel Contact:Name Don and Joann Espinoza Title Don D O,i Fieid Services Phone,Inc 303-857-1809
—
/Mending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements
Improvements (OFF-SITE)
(Leave spaces blank where they do not apply)
uantity Units Unit Costs(5) Estimated Construction
Cos«st
Site Grading
Street Grading
Street Base
Street Paving
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities l
Retention/Detention Ponds
Road Culvert
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
Parking Area
Street Lighting
Street Names
Signage& Pavement Marking
Fencing Requirements
Landscaping
Park Improvements
Telephone
Gas
Electric
Water Transfer
Dust Control
1 5500 5500
SUB-TOTAL: 5500
None
Engineering and Supervision Costs S
(Testing,inspection,as-built plans and work in addition to prcliminar} and final plat;supervision of actual construction by contractors)
TOTAL ESTI\l. TED COST OF IMPROVEMENTS AND SUPERVISION s 500
1111111 i11111111111111 IIII IIIIII llil III 111111 III liii
3682614 03/23/2010 12:46P Weld County, CO
11 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT A - Cost Sheet (OFF-SITE) - Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
B :
Applicant
fjt Zfry Date Va- - Icj ,20 ( Q
Title
By
A licant
NJ A Date 0) _ 1(0 - ,20 /
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
IIIII II 1111111 IN III 21!!ter
M:WGREEMENTS1Exhibits\Exh A off-site.xls
EXHIBIT A - Cost Sheet (ON-SITE)
Name of Subdivision,PUD, USR,RE,SPR: SPR Filing/Case#: 433 Location: 13060 CR 20,Ft.Lupton
Personnel Contact:Name Don and Joann Espinoza Title Don's Oil Field services.Inc. Phone 363.857-1809
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements (ON SITE)
(Leave spaces blank where they do not apply)
Quantity Units Unit Costs($1 Estimated Construction
Cost tst
Site Grading
Street Grading
Street Base
Street Paving
Entrance Improvements(Per Sec. E.-7.2)
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
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
Parking Area
Street Lighting
Street Names
Signage&Pavement Marking
Fencing Requirements
Landscaping
Park Improvements 111111111111 111111 11111 III 1111111 11111 111111111 111 1111
Telephone
Gas 3682614 03/23/2010 12:46P Weld County, CO
13 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Electric
Water Transfer
SUB-TOTAL: -0-
Engineering and Supervision Costs S -0-
(Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ -0-
•
EXHIBIT A - Cost Sheet(ON-SITE) .Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
/
B :
Applicant
ttotai/eir Date D —/ ,20 / 0
Title C-
By:
Appf cant
Date O r ( O ,20 /
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
11111111 111 111111111111111111IIII 11111 111 IIIIII III IIII
3682614 03/23/2010 12:46P Weld County, CO
14 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
M:\AGREEMENTS1Exhibits\Exh A on-site.xls
•
EXHIBIT B-Time Schedule(ON-SITE) & (OFF-SITE)
Same of Subdh ision.PL D.1 SR.RE,SPR: SPR- --- Filing/Case#: 433 _L.ocation:1 306s CR 20.Ft.Lupton
Intending to be legally board,the andersIgned Applicant hereby agrees to proevde throrghorl this facility the following improvements.
All Improvements shah be completed within years from the date of approval of the final plat.
Construction of the'Improvement'listed in Exhibit A shall be completed as follows:
Improvements
Time Schedule
1(Leare.spaces blank where they do not apply)
(ON-SITE) (OFF-SITE 1
!Site Grading
Street Grading
Street Base
Street Paving
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage -- — ~
Sanitary Sewers/Sewage Facilities
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
Parking Area
Street Lighting
Street Names
Signage&Pavement Marking
Fencing Requirements
Landscaping
Park Improvements
Telephone
-----— — -- ------
Gas
Electric ------- ------
Rater Transfer
Dust Control When needed
Final completion Darr for Entire Protect
AIM IIII 111111111111111 IIIII Ililt I11 111111 III Ill
3682614 03/23/2010 12:46P Weld County, CO
15 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT B - Time Schedule- Signature Page
The County,at its option, and upon the request of the Applicant, may grant an extension of time for completion
for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot
be met.
r
Applicant
(" in �� Date G a- -/ 6.2 ,20 / 0
Title
By:
Appl cant
L2, � Date C - ( L`j ,20 ( O
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
1 111111 11111 111111 11111 I'll 1111111 11111 111 111111 III I'll
3682614 03/23/2010 12:46P Weld County, CO
16 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
M:44GREEMENTS1Exhibits\Exh 8 Time Schedule.xls
c-,
19350
DON'S OILFIELD SERVICE, INC. •
82-244/1070
DON L. OR JOANN R. ESPINOZA A
P 303-857-1809 FORT LUPTON,CO 80621 /
DATE 01) K
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TO THE - '�� $ 5 o d�r2i I.
O�,T a A DOLLARS a = ,
•Bank COLORADO-
f Colorado
EELEBANK 1.800.395.6879 w ^ ' �^A
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