HomeMy WebLinkAbout20102487.tiff 217
RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1695 - A & W WATER
SERVICE, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,on March 3, 2010, the Weld County Board of Commissioners approved Use by
Special Review Permit#1695, for A & W Water Service, Inc., 1892 Denver Avenue, Fort Lupton,
Colorado 80621, for a Mineral Resource Development Facility, including Oil and Gas Support and
Services(water supply and storage, potash mixing and storage, and production pipe and equipment
storage area) in the A (Agricultural) Zone District, on the following described real estate, to-wit:
Part of the E1/2 of Section 31, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and A & W Water Service, Inc., with terms and conditions being as stated in said
agreement, and
WHEREAS,the Board has been presented with Performance Bond No. B006081,from U.S.
Specialty Insurance Company, 13403 Northwest Freeway, Houston,Texas 77040, in the amount of
$145,240.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Performance Bond as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvements between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and A & W Water Service, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED that Performance Bond No. B006081, from U.S. Specialty
Insurance Company, 13403 Northwest Freeway, Houston, Texas 77040, in the amount of
$145,240.00, be and hereby is, accepted.
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11111111111111111111111111111 III 1111111 III 111111111 IIII l , 0 2010-2487
3730217 11/04/2010 04:09P Weld County, CO PL2035
1 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
IMPROVEMENTS AGREEMENT-A & W WATER SERVICE, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of October, A.D., 2010.
OARD OF COUNTY COMMISSIONERS
DCOU , - •LORADO
ATTEST: fi , . `•�N A► .
p ! -7 ademac -r, Chair
Wel ounty Clerk to the Board X861 • > .,,,,,
[ � C ED
i�rjtr A asy a Kirkmeyer, Pro-Tem
BY:� u �CZ l� �1'
Dep Clerk o the Board
Sean P. Co ay
APPFZED A FORM: C//
/7 William . Garcia
County Attorney 'N _ I J /
David E. Long 1/
Date of signature: 'i idle A
LflKi'ifl0'i,!U1i0' '(jA!jJ III 1111111 III IIIII I'll IIII Weld County, CO
2 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL2035
MEMORANDUM
KitTO: Clerk to the Board
I DATE: 10/12/2010
W�`P�. Works Department
COLORADO FROM: Richard Hastings, Public p
SUBJECT: BOCC Agenda Item -Approve Improvements
Agreement and Accept Collateral For:
A & W Water Services—(USR-1695)
Request for Approval of Improvements Agreement:
The Department of Planning Services and the Department of Public Works received a request
from the applicant, Gary Wright, requesting that the Board of County Commissioners consider
approving the Improvements Agreement for the oil and gas support and services facility (USR-
1695), located at WCR 38.5 and State Highway 60.
Weld County Public Works Department reviewed the above-mentioned signed original document
and observed the following:
• All Public Works related items on Exhibit A—Cost Sheet, of the Improvements
Agreement According To Policy Regarding Collateral For Improvements, have been filled
in and are found to be acceptable.
Request for Acceptance of Collateral:
The Department of Public Works and the Department of Planning Services received a request
from the applicant, Gary Wright, requesting that the Board of County Commissioners consider
accepting collateral in the amount of$145,240.00 for the above-mentioned Improvements
Agreement.
Recommendation:
The Department's of Public Works and Planning Services are recommending approval of the
Improvements Agreement According To Policy Regarding Collateral For Improvements and the
acceptance of collateral, in the amount of$145,240.00 for A & W Water Services—(USR-1695).
M:APLANNING—DEVELOPMENT REVIEWVUSR-Use by Special ReviewVUSR-1695 A&W Water ServicesVlmprovemen
IA&Accept Collateral(USR-1695)A&W Water Services,Inc.-MEMO doex 2010-2487
Lind & Ottenhoff, LLP
355 Eastman Park Drive, Suite 200
Windsor, Colorado 80550
Telephone: 970-674-9888
Facsimile: 970-674-9535
www.lolaw.us
George H. Ottenhoff Special Counsel
Kenneth F. Lind Chrysten S. Hinze
September 3, 2010
Rich Hastings
Weld County Department of Public Works/Engineering
1111 H Street
P.O. Box 758
Greeley, CO 80632-0758
Via Hand Delivery
RE: A & W Water Service. Inc.
USR Permit - USR #1695—Improvements Agreement
Dear Rich:
Enclosed, please find two originals of the Improvements Agreement for the above-
reference USR site development, which has been signed by A&W Water Service, Inc. Please
review and upon your notification of approval, A&W will submit the collateral so that
proceedings can be initiated before the Board of County Commissioners for their approval.
Very truly yours,
LIND & OTTENHOFF, LLP
Chrysten S. Hinze
Enclosures
SEP - 32010
Legal Solutions/ r Colorado and the West
Lind & Ottenhoff, LLP
355 Eastman Park Drive, Suite 200
Windsor, Colorado 80550
Telephone: 970-674-9888
Facsimile: 970-674-9535
www.lolaw.us
George H. Ottenhoff Special Counsel
Kenneth F. Lind Chrysten S. Hinze
September 22. 2010
Rich Hastings
Weld County Department of Public Works/Engineering
1111 H Street
P.O. Box 758
Greeley, CO 80632-0758
RE: A & W Water Service, Inc.
USR Permit— USR #1695—Improvements Agreement-Revised Exhibits A and B with bids
Dear Rich:
Enclosed please find as a replacements Exhibits A & B to the original Improvements
Agreements in your possession, for attachment thereto, which have been revised as requested as .
to estimates for the fencing and the landscape reseeding. Bids for the proposed fencing and
landscape reseeding are also enclosed. Please review, and upon your notification of approval,
A&W will submit the collateral so that proceedings can be initiated before the Board of County
Commissioners for their approval.
Very truly yours,
LIND & , LP
Ke eth F. Lind
Enclosures
PC: Chris Gathman, Weld County Planning
A&W Water Service, Inc.
Legal Solutions for Colorado and the West
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
A & W Water Service, Inc. —USR-1695
THIS AGREEMENT, made and entered into this /8'44 day of O`phi's „20ID ,
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and A & W Water Service, Inc., hereinafter called
"Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Part of E1/2 Section 31, Township 4 North, Range
66 West of the 6th P.M., Weld County, Colorado
and
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has acquired land use permits from County for a oil and gas
support and services facility on approximately 36 acres on the above described real property, and
the County has approved a Use-by-Special Review for the Property(USR-1695), and
WHEREAS, the Property Owner acknowledges that the issuance of USR-1695 is conditional
upon Property Owner's performance of the on-site and off-site improvements which are
described in this Agreement and depicted in a set of plans provided by Property Owner
(hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a
part hereof, and
WHEREAS, Property Owner acknowledges that, except for the existing commercial water well
- 8 operation on the Property, it may not engage in any activity described in USR-1695 and/or any
activity related to the businesses described above until said improvements have been completed,
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d WHEREAS, the parties agree that Property Owner shall not be required to commence work on
=" the on-site or off-site improvements, nor to provide collateral for said improvements until
mom 0 m Property Owner submits and receives approval for an application for a grading permit or for a
ME?,g Right-Of-Way permit for construction of accesses and work within the County or State Right-
�3 cp Of-Way.
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o 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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o A. Required Off-Site Improvements:
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1.0 WCR 38.5 and State Highway 60 Intersection The Property Owner shall be
responsible for the construction of certain on-site and off-site safety improvements, which shall
include: construction of adequate asphalt paved turning radii (60) feet at the main entrance onto
State Highway 60, drainage and signage installations, as indicated on the accepted Construction
Plans. The main entrance improvements shall include: asphalt paving of the internal drive-way
onto State Highway 60, and will extend into the site from State Highway 60 for a distance of a
minimum of 100 feet and allow for adequate stacking of vehicles, an adequate set of two cattle
guards placed adjacent to and at the interior end of the paved entrance to act as a Vehicle
Tracking Control area to minimize the tracking of mud and debris onto State Highway 60. The
Property Owner shall install a paved northbound to westbound left deceleration & turn lane,
including adequate lane widening and tapers, in order to access the facility on State Highway 60
at the site entrance, in accordance with the requirements of the Colorado Department of
Transportation and Weld County.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements, as specified above in Section A.1.0, on WCR 38.5 & State Highway
60, and for any construction improvements mandated by the Colorado Department of
Transportation (hereinafter "CDOT") and/or the County, and for all expenses associated
therewith. These responsibilities include, but are not limited to the following: design, surveys,
utility locates, right-of-way clearances and permits, coordination with oil and gas operators and
facilities, affected railroad facilities and affected irrigation facilities, traffic control, and project
safety during construction. Property Owner shall obey all applicable regulations issued by the
Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado
Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory
agencies.
3.0 Engineering Design and Construction Plans: All engineering designs and
Construction Plans provided by Property Owner shall include, at a minimum, ingress/egress
entrance intersection layouts, existing and proposed grading, drainage designs, storm drainage
pipe sizings and inverts, a cross section of the base/asphalt, approach roads, and adequate turning
radii, and pavement markings. In addition a geotechnical asphalt pavement design to
accommodate heavy truck traffic, prepared by a Professional Engineer licensed to practice in
Colorado, is required for plans concerning State Highway 60. These Plans, when reviewed and
acp
E accepted by the Weld County Engineer, shall be a part of the Plans, which are a part of this
— d Agreement. All plans showing work within the State Highway Right-Of-Way shall be reviewed
e m and accepted by the Colorado Department of Transportation, prior to the start of construction.
gal°t For all construction in the County right-of-way, prior to the issuance of any access permit or
t right-of-way permit, a construction schedule giving times and locations of all proposed
improvements shall be provided to Public Works for review and acceptance.
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4.0 Construction Standards: All construction and materials controls for a project and
a any designated improvements shall conform to the requirements in effect at the time of the
o ti completion of the improvements set forth in the "Standard Specifications for Road and Bridge
o g Construction"provided by CDOT.
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5.0 Traffic Control: Prior to the construction in the County and/or State right-of-way
w g and as a condition of issuance of any access permit or right-of-way permit, the applicant shall
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submit a traffic control plan for County review. During construction, signage shall be posted in
accordance with the then current version of the"Manual of Uniform Traffic Control Devices".
6.0 Off-Site Dust ControlAbatement and/or Paving (If Applicable): County will
determine the proportionate share of dust control and/or paving costs to be paid by Property
Owner The proportional share is based upon current traffic counts using the ESAL calculation
method to determine the impacts of traffic volumes created by the Property Owner (or their
contractors, clients, tenants, or customers).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. In order to accurately determine percentage of Property Owner haul truck
traffic, the County reserves the right to install traffic counters on the driveway(s) of the facility.
The percentage of haul truck traffic utilizing County roads in the vicinity of the site attributable
to Property Owner (or their contractors, clients, tenants, or customers) activities will be
determined by traffic counts conducted by the County on the primary and requested alternate or
revised haul routes. The County will have sole responsibility for determination of the percentage
of truck traffic on all affected roads.
7.0 Future Improvements: Future improvements to the haul route(s) 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 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: State Highway 60 and WCR's 38.5 & 40, US Highway 85 and WCR 40, or any
other intersection then utilized by Property Owner as a result of the establishment of a new haul
route. Property Owner shall pay a proportionate cost share based on the ESAL calculation
method 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, which determinations shall
not be arbitrary or capricious.
8.0 Timing of Improvements: Property Owner shall not be required to complete the
. aforementioned offsite improvements until the occurrence of the triggering event for each
mom
g improvement, namely the application for the grading permit or Right-Of-Way access permit
/2 resulting from the commencement of activities on the property(s). At that time, Property Owner
—Y agrees that all on-site and offsite improvements shall be completed within the parameters
ci established in Section E.-7.2 and Exhibit B,herein.
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m� d 9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site
g improvements, Property Owner shall contact a representative of the Weld County Department of
g Public Works and request an inspection of the off-site improvements described in paragraph
rn °--' A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth
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in Paragraphs E.6.0, sections 6.1-6.3.
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0 9.1 All references in this Agreement to "Acceptance of Improvements" shall
-N o refer to the County confirming completion of said improvement(s)
o o according to the accepted Construction Plans. By accepting any
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improvement, the County does not thereby accept said improvement for
purposes of future maintenance, nor does the County accept any present or
future responsibilities or obligations relative to these improvements
B. Haul Routes:
1.0 Established Haul Routes:
1.1 All trucks will enter and exit the site via the proposed access road directly
onto State Highway 60 at the facility site. The southern designated haul
route shall be south from the facility, on State Highway 60 to US Highway
85. The northern designated haul route shall be north from the facility, on
State Highway 60 to continue further north, past WCR 40 or to exit onto
WCR 40, 42, 44 or other paved roads, then east to US Highway 85. WCR
40 from WCR 29 to US 85 has been annexed by Gilcrest. Road use of this
portion of WCR 40 should be coordinated with Gilcrest.
1.2 Any deviation or proposed change to the approved haul route described
under B.1.1 shall follow the procedure found under B.4.0 No haul route
traffic should utilize WCR's 38 and 38.5 between SH 60 and US 85.
1.3 No haul truck may exceed CDOT required specifications for pounds per
axle.
1.4 In unusual or rare occasions, if particular projects mandate deviation from
the above-mentioned haul route for a limited period of time (which is
defined in this Agreement as a period of not more than thirty days), which
shall be established by County at the time that the deviation is allowed. If
County approves such deviation, trucks will utilize paved county roads
whenever possible. A deviation from the established Haul route lasting
more than thirty (30) days or requests for two or more deviations within a
twelve month period shall be subject to the terms of Paragraph 4.0 of this
Section B. In the event that haul truck traffic, in excess of 15%of the daily
o facility truck trips, utilizes alternate haul routes, the provisions of
Paragraph 4.0 of this Section B shall be triggered.
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mws 2.0 Haul Route Signage: Property Owner shall install haul route signs at all non-
emergency exit points of the Property which can be clearly seen by drivers leaving the facility
—E o and which clearly depict County approved haul routes.
3 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
=13'a written amendment of this Agreement.
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0 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested
a o° by Property Owner or site operator to approve the use of an additional access, new haul route, or
sTacs,'g an alternative haul route as a result of a change in Property Owner site activities and/or truck
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circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved
portion of County roads, and if County determines that dust control or paving is required on the
unpaved portion of said haul route roads, Property Owner agrees that dust control or paving
measures to protect the public health, safety, and welfare shall be instituted. County will
determine the proportionate share of dust control and/or paving costs to be paid by Property
Owner based upon then current truck trip counts that identify traffic loading due to Property
Owner-sourced traffic. The amount and extent of dust control and paving measures will be
determined by site-specific conditions at the time, as determined exclusively by County
personnel.
C. Road Maintenance Requirements:
1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner agrees
to excavate, repair, or patch any damage on current or future haul route roads, which in the
reasonable opinion of County, has been created solely by heavy truck hauling from the Property.
Should Property Owner's site activities and/or should Property Owner's truck circulation
patterns change in the future so that County approves an alternate haul route, and all or a
significant portion of Property Owner's sourced traffic no longer utilizes the above-described
haul route and instead utilizes other portions of County roads, Property Owner shall cooperate
with County in maintenance of said roads, but the Property Owner shall no longer be obligated
with respect to prior haul routes which are no longer used. 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. All repairs shall commence within
thirty (30) days of receipt of Weld County's written notice. All such excavation and repair work
shall be prorated among all Property Owners subject to agreements similar to this Agreement
concerning the subject repair routes.
2.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owners 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,
s road damage increases beyond the point that repair of damage cannot maintain the road in a safe
e and usable condition, Property Owner shall participate in the restoration of the road, in
cc consultation with Public Works. Property Owner shall pay a proportionate cost of a complete
Yrestoration based on the number of then current truck trips on the haul route.
0 0 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners
e and/or Lessees: It is anticipated that Property Owner and other Property Owners and/or Lessees
15-53g subject to agreements similar to this Agreement will perform the required road maintenance
c; work and will share in the equipment, labor, and materials required. Any such sharing
rmoy arrangement between Property Owner, and other Property Owners and/or Lessees shall be
o conducted pursuant to separate agreements between the Property Owner and other Property
o Owners and/or Lessees. The County shall accommodate this process by providing the necessary
arm o o information to the Property Owners needed to contact any and all such Agreement holders
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concerning the affected area. County shall approve the Agreements only to determine whether
the required improvements/maintenance projects have been adequately addressed. County alone
shall determine the sufficiency of all road improvement/maintenance projects when completed.
5.0 Violation of Terms of Agreement: If Property Owner does not perform as
outlined in this Agreement and Exhibits A and B such non-performance will constitute a
violation of Property Owner's land use permits granted by County, and County will take
whatever remedial measures it deems necessary against Property Owner. In addition to any other
remedy available to the County in law or equity, a failure to comply with this Agreement shall be
considered grounds for revocation of USR-1695 as it now exists or may, from time to time, be
amended in accordance with the procedures of the Weld County Code.
D. On-Site Improvements:
1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or
maintain the landscaping and re-seeding of the property where applicable as shown on the
accepted Construction Plans and USR-1695 plat map. Specifically, Property Owner shall at its
own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re-
seeding where applicable as shown on the accepted Construction Plans and USR-1695 plat map.
Additionally, the Property Owner shall install and maintain fencing to screen the property where
applicable as indicated on the accepted Construction Plans and USR-1695 plat map. Some of
these improvements may include work extending into State or County Right-Of-Way in which
case a Right-Of-Way or access permit is required.
2.0 On-Site Grading, Drainage Facilities and Paving: Property Owner shall, at its
own expense, grade and/or pave specified roadways, accesses and parking areas, and install
accepted drainage and signage components, adjacent to or within the interior portion of the
property in accordance with the directives of the Weld County Department of Public Works and
Department of Planning, as further described in the accepted Construction Plans and USR-1695
plat map. The main entrance improvements shall include: asphalt paving of the internal drive-
way onto State Highway 60 extending into the site from State Highway 60 for a distance of a
minimum of 100 feet to allow for adequate stacking of vehicles, an adequate set of two cattle
guards placed adjacent to and at the interior end of the paved entrance to act as a Vehicle
13
as. E Tracking Control area to minimize the tracking of mud and debris onto State Highway 60 and to
ensure a complete revolution of the truck tires. Any other on-site improvements shall be
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completed as indicated on the accepted Construction Plans for this facility. Property Owner shall
� s be responsible for all maintenance of the onsite improvements. Refer to Section A., paragraph
1.0 of this agreement for specific paving requirements extending into the facility site from State
- g Highway 60. Additional infrastructure improvements will be addressed at the time of application
mr—v o for an amended USR. Some of these improvements may include work extending into State or
�3g County Right-Of-Way in which case a Right-Of-Way or access permit is required.
03
d:
o 3.0 Timing of Improvements: Property Owner shall not be required to initiate the
o g landscaping requirements until the occurrence of the triggering event for all improvements,
- cm namely the approval of the grading permit or an amendment to the existing USR. No grading
o permit will be released until collateral is posted for the associated improvements and the
-oo Construction Drawings have been submitted to and accepted by the Department of Public Works.
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Access and/or Right-Of-Way permits might also be required prior to approval of the grading
permit. Grading shall not commence until Construction Plans are accepted. Any alterations to
the accepted Construction Plans must be pre-approved in writing by the Planning and Public
Works Departments. At that time, Property Owner agrees that all landscaping and other on-site
improvements, as indicated in Section D. 2.0 above shall be completed within the parameters
established in Section E. 7.2 and Exhibit B.
4.0 Acceptance of On-Site Improvements: Upon completion of the on-site
improvements, Property Owner shall contact the Weld County Department of Planning Services
and the Weld County Department of Public Works and request an inspection of the on-site
improvements described in Paragraph D.1.0 and D.2.0 above. The County's representatives may
then initiate the acceptance process set forth in Paragraphs E.6.0, sections 6.1-6.3.
E. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all
engineering services in connection with the design and construction of the improvements
identified on the accepted Construction Plans according to the construction schedule set forth in
Exhibit"B,"both of which are attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional
Engineer and/or Land Surveyor registered in the State of Colorado, and
shall conform to the standards and criteria established by the County for
public improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road
improvements on public rights-of-way or easements and all improvements
interior on the Property for approval prior to the letting of any construction
contract.
2.0 Rights-of-way and Easements: Before commencing the construction of any
waa improvements herein agreed upon for public rights-of-way or easements, Property Owner shall
S o an acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and
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facilities traversed by the proposed improvements. All such rights-of-way and easements used
g0 for the construction of roads to be accepted by the County shall be conveyed to the County and
(2the documents of conveyance shall be furnished to the County for recording.
ES C-2 Ada
3 „ 3.0 Construction: Property Owner shall furnish and install, at its own expense, the
o-2..,)2..) improvements identified on the accepted Construction Plans and USR-1695 plat map, costs listed
o
CO on Exhibit "A", and described in parts A and D of this agreement, which are attached hereto
so 4i
- a and/or incorporated herein by reference, with the improvements interior to the Property being
ocompleted by the dates set forth on Exhibit "B" (On-site), and improvements to public rights-of-
$o way or easements being completed also in accordance with the schedule set forth in Exhibit "B"
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(Off-site). The Board of County Commissioners, at its option, may grant an extension of the
time of completion stated herein upon application by the Property Owner.
3.1 Said construction shall be in strict conformance to the Plans and drawings
accepted by the County and the specifications adopted by the County.
3.2 Property Owner shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction; and shall furnish copies of test results to the
County. If County discovers inconsistencies in the testing results, Property
Owner shall employ at its expense a third party qualified testing company
approved by County. Such third party shall furnish the certified results of
all such testing to the County.
3.3 At all times during said construction, the County shall have the right to
test and inspect, or to require testing and inspection of material and work,
at Property Owner's expense. Any material or work not conforming to the
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's expense.
3.4 Said USR improvements shall be completed, according to the terms of this
Agreement, within the construction schedule appearing in Exhibit "B."
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 and USR-1695 plat map with associated costs shown
on Exhibit "A" upon application of the Property Owner subject to the
terms of Section E.6 herein.
4.0 Release of Liability: Property Owner 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
S g design and construction of improvements, and pay any and all judgments rendered against the
p Et County on account of any such suit, action or claim, together with all reasonable expenses and
e ad attorney fees incurred by County in defending such suit, action or claim whether the liability,
�"d loss or damage is caused by, or arises out of the negligence of the County or its officers, agents,
c a employees, or otherwise except for the liability, loss, or damage arising from the intentional torts
iris—8T, 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
3 g shall maintain adequate worker's compensation insurance and public liability insurance coverage,
d and shall operate in strict accordance with the laws and regulations of the State of Colorado
aca
c governing occupational safety and health.
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c 5.0 Warranty of On-Site and Off-Site Improvements: Property Owner shall warranty
ism c o all improvements to public rights-of-way, including all privately created and maintained roads or
•-2-.°—`4,=; rights-of-way, or easements, and all on-site improvements for a period of two (2) years. The
S r
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warranty period shall begin only after the County's execution of a written acceptance of the
improvement(s).
6.0 Acceptance of Improvements by the County: Upon compliance with the
following procedures by the Applicant, the improvements shall be deemed accepted by the
County.
6.1 If requested by the Property Owner and approved by the County, portions
of the improvements may be placed in service when completed according
to the schedule shown on Exhibit"B,"but such use and operation shall not
constitute an acceptance of said portions.
6.2 County may, at its option, issue building permits for construction for
which the improvements detailed herein have been started but not
completed according to the schedule shown on Exhibit "B," and may
continue to issue building permits so long as the progress of work on the
USR improvements in that phase of the USR is satisfactory to the County,
and all terms of this Agreement have been faithfully kept by Applicant.
6.3a Upon completion of the construction of the required off-site
improvements, and the filing of a Statement of Substantial Compliance by
Property Owner's engineer, Property Owner may, as set forth in Paragraph
A.9.0, request in writing that the County inspect the improvements and
recommend to the Board of County Commissioners that the improvements
be accepted and further that the two-year warranty period begin. Upon
completion of the two-year warranty period, the County Engineer shall,
upon request by the applicant, inspect the subject improvements, and
notify Property Owner of any deficiencies. If any deficiencies are
discovered, the Property Owner shall correct the deficiencies. The County
Engineer shall reinspect the improvements after notification from Property
Owner that said deficiencies have been corrected. If the County Engineer
finds that the improvements are constructed according to County
`d standards, he or she shall recommend full acceptance. Upon a receipt of a
g positive unqualified written recommendation from the County Engineer
o°Jc for acceptance of improvements within the USR, the Board of County
s .a o Commissioners shall fully accept said improvements.
o 3
_ 0 6.3b Upon completion of the construction of the required on-site
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improvements, and the filing of a Statement of Substantial Compliance,
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�2 when necessary, by Property Owner's engineer, Property Owner may, as
a 3 ; set forth in Paragraph D.4.0, request in writing that the County inspect the
n y improvements and recommend to the Board of County Commissioners
o that the improvements be accepted and further that the two-year warranty
Soo period begin. Upon completion of the two-year warranty period, the
cc County Engineer and/or the Weld County Department of Planning
—oo Services shall, upon request of Property Owner, inspect the subject
o improvements, and notify Property Owner of any deficiencies. If any
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deficiencies are discovered, Property Owner shall correct the deficiencies.
The County Engineer and /or the Department of Planning Services shall
reinspect the improvements after notification from Property Owner that
said deficiencies have been corrected. If the County Engineer and/or
Department of Planning Services find that the improvements are
constructed according to County standards, he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer and/or the Department of
Planning Services for acceptance of improvements within the USR, the
Board of County Commissioners shall fully accept said improvements.
7.0 General Requirements for Collateral:
7.1 County requires Property Owner to provide collateral to guaranty all of
Property Owner's obligations under this Agreement: (1) Proiect Collateral
for completion of all improvements described in this Agreement shall be
provided separately for on-site improvements and off-site improvements;
(2) Warranty Collateral required for all improvements during the warranty
phase; and (3) Road Maintenance Collateral to be kept in place for the life
of the permit.
7.2 Project Collateral submitted to Weld County to guarantee completion of
the on-site improvements identified on the accepted Construction Plans
and USR-1695 plat map and further enumerated in the costs listed in
Exhibit "A," must be equivalent to One Hundred Percent (100%) of the
value of the improvements as shown in this Agreement. Collateral for
improvements that extend partially off-site as mentioned in Sections
A.1.0 or D.2.0 of this Agreement that include only improvements
involving turning radii and approaches can be included as part of the On-
Site collateral amount, if clearly delineated on accepted Construction
Plans and differentiated as "Entrance Improvements" on Exhibit "A" On-
Site Improvements of this Agreement. Such collateral shall be provided to
the County on the dates set forth herein and shall be held in total until all
.1- 2 improvements have been completed. This collateral must be submitted to
County upon the submission of Property Owner's application of a grading
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cc and/or right-of way permit.
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7.3 Warranty Collateral for all on-site and off-site improvements shall be
g o submitted to County and shall be held in total by the County for two (2)
a$ d years following its written acceptance of the improvement(s).
7.4 Road maintenance collateral shall be submitted to County upon the release
-ay of the warranty collateral by the Board of County Commissioners. The
initial amount of the collateral required for road maintenance shall be
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a o established by the Weld County Department of Public Works based upon
moo its reasonable determination of the actual anticipated expenses, and its
—No determination of the collateral amount shall be final. Road maintenance
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collateral shall be held by County as long as this Agreement is in effect
and returned to the Property Owner upon vacation of associated land use
agreement or permit. The Road Maintenance Collateral will only be
accessed by the County, if upon notification to the Property Owner of
required roadway repairs; the Property Owner fails to perform said repairs.
If any of this collateral shall be collected by County, Property Owner shall
replace the amount,plus interest, within six (6) months.
7.5 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.
7.6 Acceptable collateral for improvements shall be submitted at the time
Property Owner submits an application for the grading permit or Right-Of-Way
access permit prior to commencement of Site Preparation, as herein
defined. No grading or building permits shall be issued for any site related
activities, on the property and no Site Preparation shall commence until
cost estimates for 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" which is attached hereto and made a part of this Agreement.
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 Property Owner's planned
operations pursuant to USR-1695 that require a grading or building permit
from the County pursuant to the Weld County Code.
7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an
amount equivalent to (100%) of the total value of the improvements set
Yforth in the Improvements Agreement (including Exhibit A) and the Plat ;
mml.,3 the LOC shall be subject to the requirements of Weld County Code
- g Section 2-3-30 B. The Property Owner shall utilize only a County
approved form when obtaining an LOC: (IRRVEVOCABLE STANDBY
dg LETTER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS
—3 OF WELD COUNTY, COLORADO). A copy of said form shall be
- y provided to Applicant upon request.
- o
0 0 7.8 Collateral may be in the form of a surety bond given by a corporate surety
authorized to do business in the State of Colorado in an amount equivalent
mim$o to one hundred percent (100%) of the value of the improvements set forth
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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 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.
7.9 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to One Hundred Percent (100%) of the value of the
improvements set forth in the Improvements Agreement.
7.10 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 to obtain replacement collateral if the rating of the financial
institution providing said collateral drops below the levels stated above.
Replacement collateral shall be submitted by Property Owner within sixty
(60) days of the Board's notice to Property Owner that the rating has
fallen and that the collateral must be replaced. Property Owner may not
terminate existing collateral until replacement collateral has been secured.
8.0 Request for Release of Collateral: Collateral shall be released in accordance with
the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire
project or for a portion of the project by Weld County, the Property Owner must present a
Statement of Substantial Compliance from an Engineer registered in the State of
Colorado(hereinafter"Engineer"), that the project or a portion of the project has been completed
in substantial compliance with accepted plans and specifications documenting the following:
a a
8.1 The Property Owner's Engineer or his representative has made regular
on-site inspections during the course of construction and the Construction
- cc
ca Plans utilized are the same as those accepted by Weld County.
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8.2 For the improvements to public rights-of-way or easements, test results
— _ must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials
2 sampling, testing and inspections found in CDOT Materials Manual.
c5 imm g,- -y 8.3 "As-built" plans shall be submitted at the time the letter requesting release
— g of collateral is submitted. The Engineer shall certify that the project
o
"as-built" is in substantial compliance with the plans and specifications as
caccepted, or that any material deviations have received prior written
Earl a acceptance from the County Engineer.
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8.4 The Statements of Substantial Compliance must be accompanied, if
applicable, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
8.5 A letter must be submitted from the appropriate Fire Authority, if
applicable, indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are operational
and state the results of fire flow tests.
8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the
final Construction Plans.
8.7 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the Weld
County Department of Planning Services and the Weld County
Department of Public Works, the Property Owner may request release of
the collateral for the project or portion of the project by the Board. This
action will be taken at a regularly scheduled public meeting of the Board.
8.8 For all off-site and on-site improvements (including improvements to
public rights-of-way or easements), the request for release of "Project
Collateral" shall be accompanied by "Warranty Collateral" in the amount
of fifteen percent(15%) of the value of the improvements as shown in this
Agreement. However, collateral for improvements fully accepted for
maintenance by a responsible governmental entity, special district or
utility company will be fully refunded to Property Owner.
8.9 Following the written request for release of the "Warranty Collateral", the
Weld County Department of Planning Services and the Weld County
Department of Public Works County shall inspect the on-site
improvements. If the improvements require mitigation or further repairs
are required, said work must be completed prior to the conclusion of the
Warranty period. The "Warranty Collateral" shall be released to the
— o Property Owner following the expiration of the warranty period upon final
written acceptance by the Board of County Commissioners.
ec
o Y 8.10 "Road Maintenance Collateral" shall be maintained as long as the USR is
"
a`, active and returned to the Property Owner upon vacation of associated
g eJ land use agreement or permit. It shall be adjusted annually by the inflation
W$ d rate based on the "Colorado Construction Cost Index Report" as published
MMMd g by the Colorado Department of Transportation. Road Maintenance
Collateral shall be adjusted annually, during the month of January, for
- rn inflation. The First adjustment shall be made no less than twelve months
a after, and in no event later than twenty four months from the execution of
0
o this Agreement
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N o 9.0 Successors and Assigns: This Agreement may not be delegated, transferred or
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assigned in whole or in part by Property Owner without the express written consent of County
and the written agreement of the party to whom the obligations under this Agreement are
assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County.
In the event of sale of the Property, County may agree to release Property Owner in whole or in
part from obligations under this Agreement. County's rights and obligations under this
Agreement shall automatically be delegated, transferred or assigned to any municipality which,
by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility
over the roads affected by this Agreement. All of the terms and conditions set forth in this
Agreement shall be binding upon the heirs, executors, personal representatives, successors and
assigns of Property Owner, and upon recording by the County, shall be deemed a covenant
running with the land herein described.
10.0 County Engineer: All references in this Agreement to "County Engineer" shall
refer to the any individual or individuals appointed by the County Engineer to act on his/her
behalf.
11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has
violated any of the terms of this Agreement, County shall notify Property Owner of its belief that
the Agreement has been violated and shall state with specificity the facts and circumstances
which County believes constitute the violation. Property Owner shall have thirty(30) days within
which to either cure the violation or demonstrate compliance. If, after thirty (30) days have
elapsed, County believes in good faith that there has been a violation of the terms of this
Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of
this Agreement. Violations of the terms of this Agreement include violations of the agreements
contemplated by Paragraphs C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such
Agreements in a timely manner.
F. Termination of Agreement:
1.0 Termination Event: This Agreement shall terminate upon the earliest of the
following events:
1.1 Cessation of all Permit Related Activities: Termination of this Agreement
9 shall occur upon Operator's complete cessation of all activities permitted under USR-
Faa
s 1695 or any amendments thereto. A partial cessation of activities shall not constitute a
r Termination of this Agreement, nor shall County's issuance of a partial release constitute
a Termination. Operator shall provide written notice to Property Owner and County of
e
arm°J d said cessation of activity, which County shall then verify. If written notice is not provided
to County, Termination of this Agreement hall not occur until County has determined that
- dthe Use by Special Review is inactive, which shall be three (3) years following County's
-o� observance of the cessation of activities, as provided in Sec. 23-2-200.E of the Weld
�
a 3 . County Code.
- N
1.2 Execution of Replacement "Improvements Agreement According to
c:'o Policy Regarding Collateral for Improvements — USR-1695 by New Property Owner:
oe This Agreement shall terminate following County's execution of a new Improvements
allo Agreement According to Policy Regarding Collateral for Improvements — USR-1695
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with a new Property Owner who has purchased the Property, and intends to make use of
the rights and privileges available to it through the then existing USR.
1.3 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR-1695 by New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR-1695
with a new operator who has assumed the operation of the business on the Property
which business activities are permitted by the then existing USR.
2.0 Termination Procedures:
2.1 Termination Procedures Following Cessation of Permit Related Activities:
Following the events outlined in paragraph 1.1 above, County shall conduct its annual
road inspection. Said road inspection shall be conducted on or before May 31 following
the announcement or determination of the cessation of permit related activities on the
Property. The results of the inspection shall be delivered in writing to the Property Owner
and Operator. If the County determines that pursuant to the terms of this Agreement, the
Operator must complete any of the improvements and/or road maintenance obligations
outlined herein, said obligations must be completed within a reasonable period of time
thereafter, but in no event later than six (6) months following the determination that
permit related activities have ceased. Collateral shall not be released by County until such
time as county determines that all of the improvements have been completed.
2.2 Termination Procedures Pursuant to Transfer of Ownership of the
Property or Transfer of Operations: If the Property Owner or Operator desires to assign
its rights and obligations under this Agreement to a successor Property Owner or
Operator, the Property Owner or Operator shall,prior to the transfer,provide County with
a written Notice to Transfer, stating the date of transfer, and identifying the party to
whom the transfer shall be made. Following receipt of the Notice to Transfer, County
shall inspect the improvements required under the terms of this Agreement to determine
whether the improvements have been completed. If the improvements have not been
`d completed, the Property Owner and/or Operator shall either complete the improvements
rim
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g or post collateral equal to the cost of the completion of the improvements, if such
- cc collateral is not in place. If collateral is available at the time, County shall hold a hearing
- ea to determine whether the collateral should be called upon to pay County or a contractor
" ; of the County to complete the improvements. County shall also inspect the road(s) which
are covered by this Agreement to assess the current condition of the road(s) and
War•— g determine whether Operator and/or Property Owner would be required to perform road
v§ maintenance within the following twelve months had the Agreement not been assigned. If
road maintenance is, in the opinion of County, required, Property Owner and/or Operator
a ti shall be required to either perform the road maintenance or to post collateral equal to the
o cost of said maintenance. County shall not execute a new Improvements Agreement
roc According to Policy Regarding Collateral for Improvements — USR-1695 with a
o o successor Property Owner and/or Operator prior to the performance of the road
—oo maintenance or the posting of collateral for said maintenance, unless the new Property
o Owner and/or Operator posts collateral for the required maintenance.
o
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3.0 Consequence of Termination by Cessation of Permit Related Activities:
Following County's confirmation that Property Owner and/or Operator has/have ceased all
permit related activities and has/have completed previously uncompleted Improvements and or
completed any required road maintenance, County shall release Property Owner and/or Operator
from all further obligations under this Agreement. No Further permit related activities shall be
permitted unless and until approved by County following execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR-1695 with a
Property Owner and Operator.
4.0 Consequence of Termination by Execution of Replacement Improvements
Agreement: Following County's execution of an Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR-1695 with a successor Property Owner
and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights
and/or obligations under this Agreement or in USR-1695.
5.0 Consequence of Termination Pursuant to Paragraph E.I1.0: In the event that
activities related to USR-1695 cease as a result of the revocation of the permit as described in
Paragraph E.11.0 of this Agreement, neither Property Owner nor Operator will be released from
any of the obligations imposed by the terms of this Agreement only after Property Owner's
successful completion of all improvements required under this Agreement or after County
accesses the collateral to the extent necessary to complete improvements County, in its sole
discretion, deems necessary to preserve public interests.
G. Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
H. 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
amo
d or entity not included in this Agreement. It is the express intention of the undersigned parties that
raga cc any person or entity, other than the undersigned parties, receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
PROPERTY
OWNER: ,f4/17/
A Wftater Service, Inc.
By, Gary Wright, President
Subsgribed and wo to e�oorre me by Gary W ight, President of A &W Water Service, Inc. this
,34 day of ,;01D• ``. /'I esi.�l,uar
(11 Notary ublic n Peal
State of Colorado Jf
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �)n, the a fileildjaprica G�<✓7./� y Dougla ademac er, Chair
�/ OCT I 0 2010
Weld County Clerk to the !oat •
BY: f I'Vti r♦
Deputy erk to the Boa�F�� i" Q J
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9
as— APPROVED AS TO FORM:sus o
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County Attorney
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.... .. .. .... .... .... .... ...
EXHIBIT A -Cost Sheet (Old SITE)
Name of Subdivision,PUD,USR,RE,SPR: A&W TJSR Filing/Case n:TJSR' .695 LocationHwy 60 & CR
Personnel Contact: Name Gary Wright Title Presi dent Phone (303) 659-65'
Intending to be legally bound,the undersig ed Applicant hereby agrees to provide throughout this facili&the following improvements.
Improvements (ON-SITE)
(Leave spaces blank where they do not apply)
Ouantity Units Unit Costs($) Estimated Constructi
Cost(Si
Site Grading (Includes Pond and 30, 000 CY $1 . 50/C7 $45. 000
Street Grading Bestirs)
Street Base
Street Paving 100 Tons $450/Tnn $35, 000
Entrance Improvements (Per Sec. E.-7.2) 1 T.S $70-10 $ 7, 000 __
Curbs, Gutters, and Culverts 185 LF $36/LF $ 6, 660
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Crass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main
Erosion Control Measures/BMP's 425 Tons $28/Ton $11, 900
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 1 LS $21, 630 .00 $21, 630 .00
Landscaping (Reseeding) 1 LS $ 4, 850 . 00 $ 4 , 850 . 00
Park Improvements
Telephone
Gas
Electric
Water Transfer 11111111111111111111111111111111 1111111 III 1111111111111
3730217 11/04/2010 04:09P Weld County, CO
SUB-TOTAL: 20 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder $132 , 040 .0
I I
Engineering and Supervision Costs$ $13 . 200 .0 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 s 145 ,240 .00
•
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 improvementsl}all be completed according to the construction schedule set out in Exhibit B
/yrb" ≤WL-c-c
By: /„/�
Applicant
"Zea,er� Date / j ,20 /&
Title
By:
Applicant
Date ,20
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
111111 III 1111111 II EI IIII
3730217 11/04/2010 04:09P Weld County, CO
21 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
M:WGREEMENTS\Exhibits\Exh A on-site.xls
EXHIBIT B-Time Schedule(ON-SITE) & (OFF-SITE)
Name of Subdivision,PUD,(ISR,RE,SPR: A&W USR Filing/Case b:USR—1695t.ocation:HWY 60 & CR 38 . 5
Intending to be legally hound,the undersigned Applicant hereby agrees w provide throughout this facility the following improvements.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
,(Leave spaces blank where they do nor apply)
112b5/M1 f
Site Grading Dec 2010
Street Grading
Street Base
Street Paving June 2011
Curbs,Gutters,and Culverts Dec 2010
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 Dec 2010
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 Sept 2011
Landscaping
(Reseeding) Sept 2011
Park Improvements
Telephone
Gas
Electric
Water Transfer
Final Completion Date for Entire Project Sept 2011
(Jul11 11111 111111 111111 VIII III 1111111 III 1111111 111111
30217 11/04/2010 04:09P Weld County, CO
22 of 23 R 0.00 0 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.
By: 1,7
Applicant
/0,,10�` " Date 9 3 , 20 /d
Title
By:
Applicant
Date , 20
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1111111111111111111111111111 III 1111111 III 1111111111111
3730217 11/04/2010 04:09P Weld County, CO
23 of 23 R 0.00 D 0.00 Steve Mo eVAUKtekME gg RRecNT5QExhibits\Exh B Time Schedule.xls
** DUPLICATE ORIGINAL** BOND NO. B006081
�r�
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO z
KNOW ALL MEN BY THESE PRESENTS, that A&W Water Service, Inc. of 1892 Denver
Avenue, Fort Lupton, Colorado 80621, a corporation organized under the laws of the State of Colorado,
with its principal office located at 1892 Denver Avenue, Fort Lupton, Colorado 80621, hereinafter called
"Principal", and U.S. Specialty Insurance Company of 13403 Northwest Freeway, Houston, Texas 77040,
hereinafter called "Surety" are held and firmly bound unto Board of County Commissioners of Weld
County, Colorado, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the full penal
sum of One Hundred Forty Five Thousand Two Hundred Forty and No/100 Dollars ($145,240.00), lawful
money of the Unites States, for the payment of which well and truly made, we bind ourselves, our heirs,
administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, the above-bound Principal has obtained or is about to obtain from the Obligee a land
use permit, namely USR-1695, and pursuant to the requirements of said permit, has entered into an
Improvements Agreement, dated , with Obligee, and
WHEREAS, the Improvements Agreement requires Principal to obtain a performance bond in an
amount equal to the total cost of the improvements for which Principal is responsible and naming Obligee
as beneficiary, and
WHEREAS, the value of improvements for which Principal is responsible equals One Hundred
Forty Five Thousand Two Hundred Forty and No/100 Dollars($145,240.00).
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well,
truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set
forth in the Improvements Agreement, and if Principal shall satisfy all claims and demands set forth in
said agreement, and shall fully indemnify and save harmless Obligee from all costs and damages which it
may suffer by reason of Principal's failure to perform as agreed, and shall reimburse and repay Obligee
all outlay and expense which Obligee may incur in making good any default, then this obligation shall be
null and void;
PROVIDED FURTHER that if Principal shall default in any of its obligations set forth in the
Improvements Agreement, and thereafter fail to fully indemnify and save harmless Obligee from all costs
and damages which it may suffer by reason of said default, this obligation shall remain in full force and
effect;
IndemCo
Page 1 of 2
** DUPLICATE ORIGINAL** BOND NO. B006081
W
PROVIDED FURTHER, that Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Improvements Agreement to the work to be
performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change,extension of time, alteration or addition to the terms of the Improvements Agreement.
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew annually automatically,
from the date of this bond until its release by Obligee, to guarantee that Principal shall well, truly and
faithfully perform its duties, and all of the undertakings, covenants, terms, and conditions set forth in the
Improvements Agreement, and any extensions thereof which may be granted by Obligee with or without
notice to Surety.
The parties to this Performance Bond acknowledge that through the Improvements Agreement, Obligee
reserved the right to require Principal to obtain a different Performance Bond from a financial institution
other than Surety in the event that the rating of Surety by AM Best falls below a B+rating.
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall
be deemed an original,this 4'h day of October, 2010.
A&W Water Service, Inc.
Principal
By: {✓ � `
Secretary/Witness Title Titlest
v/- MPS
(SEAL)
U.S. Specialty I nc C mpany
M i1hh(Out sl cls as By:
Myislt Jefferso , �� ness as to Surety Edwin H. Frank, III, Attorney-in-Fact
777 Post Oak Boulevard, Suite 330 13403 Northwest Freeway
Address Address
Houston, Texas 77056 Houston,Texas 77040
Address Address
IMPORTANT: Surety company executing bond must appear on the Treasury Department's most current
list(Circular 570 as amended)and be authorized to transact business in the State of Colorado.
Bond must be accompanied with Attorney-in Fact's authority from the surety company certified to
include the date of the bond.
IndemCo
Page 2 of 2
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas
_ Bonding Company, an assumed name of American Contractors Indemnity Company of the State of California, a Califomia
corporation,-United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, A Texas corporation
(collectively,the"Companies"), do by these presents make,constituted and appoint:
Edwin H.Frank,III or W.Russell Brown,Jr.of Houston,Texas
its true and lawful Attomey(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority
hereby conferred in its name,place and stead, to execute, acknowledge and deliver any and all bonds, recognizances,undertakings
or other instruments or contracts of surteyship to include riders, amendments,.and•consents of surety, providing the bond
penalty does not exceed ***************Three Million*************** ' ' Dollars(S ***3,000,000.00*** ).
This Power of Attorney shall expire without further action on December 8, 2012. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved,that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be
and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Attorney-In-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory
undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such
instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and
effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or
facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
June 15 2009 .
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
Corporate Seals cro 7r!j)
PECIgt��'_ I<r By:yg ,' Tyb b + Daniel P.Aguilar,Vice President
State of California 'w �e'-.__ ,A. l
County of Los Angeles SS:
On this 15th day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
-` ,} �V WIIIGIIT
\l ` t \ Seal eonmtl581pn V 1025146 t
Signature N��L�� �U - (Seal) i;( ��`2)t sowyPublic-carmlm, y
H,, Loa Angeles County •
IMy enmm belies Dee 8,21112 t
I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power
of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 4th day
of October , 2010.
Cor n*are Seals snuokr, sum oNDINGe. s Eetg2r
Bond No. B006081 g /91190 ,/ # C VJ/ v, ' v Jeannie J.Kim,Assistant Secretary
Agency No. 8353 otRobs"., woo
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