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RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PUBLIC AND PRIVATE),AUTHORIZE CHAIR TO
SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1677 -
HIGH PLAINS DISPOSAL, 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 January 14, 2009,the Weld County Board of Commissioners approved Use
by Special Review Permit#1677, for High Plains Disposal, Inc., 601 South Main Street, Suite 215,
Grapevine, Texas 76051, for an Oil and Gas Support Facility (Class II - oilfield waste disposal
facility) on the following described real estate, to-wit:
Lots A and B of Recorded Exemption #4049; being
part of the NE1/4 of Section 24, Township 3 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(Public and
Private) between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and High Plains Disposal, Inc.,with terms and conditions being as
stated in said agreement, and
WHEREAS, the Board has been presented with Performance Bond PRF08959471, from
Fidelity and Deposit Company of Maryland, 1400 American Lane,Tower I, 19th Floor, Schaumburg,
Illinois 60196, in the amount of$153,702.82, 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(Public and Private) between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and High Plains Disposal, Inc.,be, and hereby
is, approved.
BE IT FURTHER RESOLVED that Performance Bond PRF08959471, from Fidelity and
Deposit Company of Maryland, 1400 American Lane, Tower I, 19th Floor, Schaumburg, Illinois
60196, in the amount of$153,702.82, be and hereby is, accepted.
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(c' j2L l�G ) /9/r'L 04.:3/419� �/ C�
IMPROVEMENTS AGREEMENT - HIGH PLAINS DISPOSAL, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of February, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: : %!'' ( w ,. -✓L.v-
DougI Radema her, Chair
Weld County Clerk to the .-r .fr.,`. ♦
I
f ./ irbara Kirkmeyer, ro-Tem
BYLeAA "1 - 0
Deputy Clerk to the Boa .� 3 ' t , j/ _> P �l
Sean P. way
"ROVED AS TO�ORA?P
.mfl /
cam%/h Attorney
David E. Long
Date of signature: O2/O2A0
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2010-0228
PL1995
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
High Plains Disposal—USR-1677
THIS AGREEMENT, made and entered into this I S\' day of tCWlttv- 4409 ,
by and between the County of Weld, State of Colorado, acting through s Board of County
Commissioners, hereinafter called "County," and High Plains Disposal, hereinafter called
"Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lots A and B of Recorded Exemption #4049; being part
of the NEl/4 of Section 24, Township 3 North, Range 66
West of the 6th P.M., Weld County,Colorado
hereinafter referred to as "the Property,"and
WHEREAS, Property Owner has acquired land use permits from County for an Oil and Gas
Support Facility (Class II- Oilfield Waste Disposal Facility) on approximately 12 acres on the
above described real property, and the County is currently in the process of considering an Use-
by-Special Review for the Property(USR-1677), and
WHEREAS, the Property Owner acknowledges that the issuance of USR-1677 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 it may not engage in any activity related to the
businesses described above until said improvements have been completed, and
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
Property Owner submits an application for grading or for a Right-Of-Way permit for
construction of accesses and work within the County Right-Of-Way..
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
A. Required Off-Site Improvements
1.0 Weld County Road 32: The safety improvements shall include: construction of
adequate asphalt paved turning radii (60) feet at the main entrance onto WCR 32, drainage and
signage installations, as indicated on the approved construction Plans. The main entrance
improvements will include; #1-asphalt paving a minimum of(300 x 24) feet into the site from
County Road 32 or #2-asphalt paving a minimum of(100 x 24) feet into the site from County
Road 32 and construction of a double cattle guard set (one right after the other), in the exit
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portion of the roadway, to ensure a complete revolution of the truck tires. The applicant shall
install a deceleration lane and an acceleration lane on County Road 32, in accordance with the
requirements of the Department of Public Works.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements on WCR 32, and for all expenses associated therewith. These
responsibilities include, but are not limited to the following: 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 WCR 32. These plans, when reviewed and accepted by the Weld
County Engineer, shall be a part of the Plans, which are a part of this Agreement. For all
construction in the County right-of-way, prior to the issuance of any access permit or right-of-
way permit, a construction schedule giving times and locations of all proposed improvements
shall be provided to Public Works for review and acceptance.
4.0 Construction Standards: All construction and materials controls for a project shall
conform to the requirements in effect as the time of the completion of the improvements set forth
in the "Standard Specifications for Road and Bridge Construction"provided by CDOT.
5.0 Traffic Control: Prior to the construction in the County right-of-way and as a
condition of issuance of any access permit or right-of-way permit, the applicant shall submit a
traffic control plan for County review. During construction, signage shall be posted in
accordance with the then current version of the"Manual of Uniform Traffic Control Devices".
6.0 Future Improvements: Future improvements to the haul route 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. Future County mandated measures may include improvements to the following
intersections: WCR 39 and WCR 32. Property Owner 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.
The traffic count data will be provided to the Property Owner.
7.0 Timing of Improvements: Property Owner shall not be required to complete the
aforementioned offsite improvements described in Paragraph A 1.0 until the occurrence of the
triggering event for the improvements, namely the application for the grading permit or Right-
Of-Way access permit resulting from the commencement of activities on the property(s). At that
time, Property Owner agrees that all on-site and offsite improvements shall be completed within
the parameters established in Section E.-7.2 and Exhibit B, herein.
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B. Haul Routes:
1.0 Established Haul Routes:
a. Entering and Exiting the site: Haul trucks shall enter and/or exit the site via
the proposed access, directly onto County Road 32 to disperse either east to WCR
39 or west to US 85.
In unusual or rare occasions, if particular projects mandate deviation from the above-mentioned
haul route for a limited period of time, and if County approves such deviation, trucks will utilize
paved county roads whenever possible. All haul trucks shall not exceed CDOT required
specifications for pounds per axle.
2.0 Haul Route Signage: Property Owner shall install haul route signs at all exit
points of the Property which can be clearly seen by drivers leaving the facility and which clearly
depict County approved haul routes.
3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads
other than those specifically authorized for use in this Agreement is permitted without the prior
written amendment of this Agreement.
4.0 Effect of Future Changes to Haul Routes: In the event that County is requested
by Property Owner or site operator to approve the use of an additional access, new haul route, or
an alternative haul route as a result of a change in Property Owner's site activities and/or truck
circulation patterns, and if the alternative or additional access or haul route 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 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 sole
opinion of County has been created by heavy truck hauling from the Property. Should Property
Owner's site activities and/or should Property Owner's truck circulation patterns change in the
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. 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 r30) days of receipt of Weld County's
written notice.
2.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owners who are required by County to
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•
participate in road improvement/maintenance agreements. As a result of the annual inspection,
County, in its sole discretion, shall determine actual conditions and shall further determine what
road improvement/maintenance work is to be performed during that construction season.
3.0 Future Road Replacement: At any time in the future, if, in the opinion of County,
road damage increases beyond the point that repair of damage cannot maintain the road in a safe
and usable condition, Property Owner shall pay a proportionate cost of a complete restoration
based on the number of then current truck trips on the haul route.
4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is
anticipated that Property Owner and other Property Owners 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 others
shall be conducted pursuant to separate agreements between the Property Owner and other
Property Owners. 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-1677 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
maintain the landscaping of the property. Specifically, Property Owner shall at its own expense,
plant, install and maintain all trees, grass and shrubs and other landscaping described and
enumerated on Exhibits A and B which are attached to this Agreement. Additionally, the
Property Owner shall install and maintain fencing to screen the exterior of the property.
Specifically,Property Owner shall at its own expense install and maintain fencing described and
enumerated on Exhibits A and B which are attached to this agreement.
2.0 On-Site Grading, Drainage Facilities and Paving: Property Owner shall, at its
own expense, grade, pave specified roadway portions, and install accepted drainage facilities, in
the interior portion of the property in accordance with the directives of the Weld County
Department of Public Works and Department of Planning, as described in Exhibits A and B
which are attached to this Agreement and the accepted Construction Drawings. Refer to Section
A., paragraph 1.0 of this agreement for specific paving requirements extending into the facility
site from WCR 32. Additional infrastructure improvements will be addressed at the time of
application for an amended USR.
3.0 Timing of Improvements: Property Owner shall not be required to complete the
landscaping requirements until the occurrence of the triggering event for all improvements,
namely the application of the grading permit or an amendment to the existing USR. At that time,
Property Owner agrees that all landscaping shall be completed within the parameters established
in Exhibit B.
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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 listed
on Exhibit "A," according to the construction schedule set forth in Exhibit "B," both of which
are attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for public
improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road
improvements on public rights-of-way or easements and all improvements
interior on the Property for approval prior to the letting of any construction
contract.
2.0 Rights-of-way and Easements: Before commencing the construction of any
improvements herein agreed upon for public rights-of-way or easements, Property Owner shall
acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements. All such rights-of-way and easements used
for the construction of roads to be accepted by the County shall be conveyed to the County and
the documents of conveyance shall be furnished to the County for recording.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference, with the improvements interior to the Property being completed by the dates set forth
on Exhibit"B", and improvements to public rights-of-way or easements being completed also in
accordance with the schedule set forth in Exhibit"B"The Board of County Commissioners, at its
option, may grant an extension of the time of completion stated herein upon application by the
Property Owner.
3.1 Said construction shall be in strict conformance to the plans and drawings
approved by the County and the specifications adopted by the County.
3.2 Property Owner shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction; and shall furnish copies of test results to the
County.
3.3 At all times during said construction, the County shall have the right to
test and inspect, or to require testing and inspection of material and work,
at Property Owner's expense. Any material or work not conforming to the
approved plans and specifications shall be removed and replaced to the
satisfaction of the County at Property Owner's expense.
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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 Exhibit "A" upon
application of the Property Owner subject to the terms of Section 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
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.
5.0 Warranty of Road Improvements: Property Owner shall warranty all
improvements to public rights-of-way, including all privately constructed and maintained roads
or rights-of-way, or easements for a period of two (2) years. The warranty period shall begin
only after the County's execution of a written acceptance of the improvement(s). Property Owner
shall be solely responsible for the repair of any defects and/or failures of the improvements
which occur during the two year warranty period. County will notify Property Owner of said
defects and/or failures in writing upon discovery of the same at any time prior to the expiration
of the warranty period.
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 desired 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 on lots
for which the improvements detailed herein have been started but not
completed as 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.
6.3 Upon completion of the construction of improvements within the USR and
required offsite improvements, and the filing of a Statement of Substantial
Compliance, the applicant(s)may request in writing that the County
inspect the improvements and recommend that the Board of County
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Commissioners partially approve them. Not sooner than nine months after
partial acceptance, the County Engineer shall, upon request by the
applicant, inspect the subject improvements, and notify the applicant(s)of
any deficiencies. The County Engineer shall reinspect the improvements
after notification from the applicant(s)that any deficiencies have been
corrected. If the County Engineer finds that the improvements are
constructed according to County standards,he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer for acceptance of
improvements within the USR,the Board of County Commissioners shall
fully accept said improvements as public but with private pay.
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) Completion of all improvements described in this Agreement;
(2)Warranty collateral required for all road improvements; and
(3)Road maintenance collateral.
7.2 Collateral submitted to Weld County to guarantee completion of the
improvements listed in Exhibit "A," must be equivalent to One-Hundred
percent (100%) of the value of the improvements as shown in this
Agreement. Such collateral shall be provided to the County on the dates
set forth herein and shall be held in total until all improvements have been
completed. This collateral must be submitted to County upon the approval
of this Agreement by the Board of County Commissioners.
7.3 The full amount of the collateral for improvements shall be submitted to
County and shall be held in total by the County for two(2) years following
its written acceptance of the improvement(s).
7.4 Road maintenance collateral shall be submitted to County upon the
approval of this Agreement by the Board of County Commissioners. 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 shall replace the amount within
six (6) months.
7.5 All forms of collateral shall be adjusted annually on the anniversary date
of this Agreement for inflation. The First adjustment shall be made on the
first anniversary date of this Agreement. The adjustment shall be equal to
the lesser of two percent (2%) or the inflation rate based on the "Colorado
Construction Cost Index Report" as published by the Colorado
Department of Transportation.
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7.6 The value of all collateral submitted to Weld County to guarantee
completion of the improvements listed in Exhibits"A,"must be equivalent
to One-Hundred percent (100%) of the value of the improvements as
shown in this Agreement
7.7 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 until collateral is provided in the amount
of One-Hundred percent (100%) of the value of the improvements to be
completed, and the development plans are revised to comply with all
current County standards, policies and regulations. The improvements
shall be completed within the time schedule set forth in Exhibit "B"
hereto. If improvements are not completed within these time frames, the
County, at its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made. "Site
Preparation" shall mean earthwork grading or performance of work, or
construction or installation of improvements related to Applicant's
planned operations pursuant to USR-1677 that require a grading or
building permit from the County pursuant to the Weld County Code.
7.8 Collateral may be in the form of an irrevocable letter of credit(LOC) in an
amount equivalent to (100%) of the total value of the improvements set
forth in the Improvements Agreement; the LOC shall be subject to the
requirements of Weld County Code Section 2-3-30 B. The Property
Owner shall utilize only a County approved form when obtaining an LOC:
(IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF
COUNTY COMMISIIONERS 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 surety bond given by a corporate surety
authorized to do business in the State of Colorado in an amount equivalent
to one hundred percent (100%) of the value of the improvements set forth
in the Improvements Agreement. The surety bond shall conform to and be
subject to the requirements of Weld County Code Section 2-3-30 B.4.
7.10 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.
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 approved plans and specifications documenting the following:
8.1 The Engineer or his representative has made regular on-site inspections
during the course of construction and the construction plans utilized are
the same as those accepted by Weld County.
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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
sampling,testing and inspections found in CDOT Materials Manual.
8.3 "As-built" plans shall be submitted at the time the letter requesting release
of collateral is submitted. The Engineer shall certify that the project
"as-built" is in substantial compliance with the plans and specifications as
approved, or that any material deviations have received prior written
acceptance from the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
8.5 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the
County, 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.
8.6 For improvements to public rights-of-way or easements, the request for
release of collateral shall be accompanied bya separate form of collateral
herein referred to as "Road Maintenance Collateral", in the amount of
fifteen percent (15%) of the value of the improvements as shown in this
Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company. Road
Maintenance Collateral shall be maintained as long as the USR is active
and shall be increased in amount by 2% per year in order to cover
inflationary cost adjustments. On or before each anniversary date of this
Agreement, Applicant shall provide County with the new or additional
collateral.
9.0. Successors and Assigns: Except as specified below, this Agreement may
not be delegated or assigned in whole or in part by either party hereto without the express written
consent of the other party and the written Agreement of the party to whom the obligations under
this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably
withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain
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 High Plains Disposal 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 (or its assigns, delegates or successors in interest) to another governmental
entity which by annexation or agreement has assumed jurisdiction over the roads affected by this
Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives,
successors and assigns of the Property Owner, and upon recording by the County, shall be
deemed a covenant running with the land herein described.
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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 fifteen (15) days
within which to provide a plan of action for resolving the violations issue(s), and shall either cure
the violation or demonstrate compliance within thirty (30) days of notification of the violation.
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.
I Mill 11111 111111 1111 11111 1111111 11111 III111111 III II
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10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
PROPERTY a L
OWNER:
PROPERTY
OWNER:
Subscribed and sworn to before me this day of , .
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the B Dougla Rad acher, Chair
(2/1/2010)
1861 00 iv
ff.'? 4I
Deputy Clerk to the Board _
APPROVED AS TO FORM:
C Attorney
111111111111111111111111111111111111111 III 111111 I I 11111
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11 „?UIO-D
EXHIBIT A- Cost Sheet (ON-SITE)
Name of Subdivision,FED.USR,RE,SPR: High Plains Disposal Weld Site Ming/CaseN: USR-1677 Location: 17754 WCR 32
Personnel Contact:Name Andy Cunningham Title Mel' Phone 817-917-7240
Intending to be legally bounq 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 Fitts Unit Costs($1 Estimated Construction
Cost rcr
Site Grading
Street Grading
Street Base 3,106 SY. $11.30 $35,097.80
Street Paving 1/271 SY $30.60 $37,362.60
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale Riprao 2 FA N75.00 $1.750.00
Ditch Improvements 12" CM 74.4 LF $i22.00 $1,636.80
Subsurface Drainage 15" air, 119 I F 98.00 $3337 (Xl
Sanitary Sewers/Sewage Facilities 15" FES 1 LS $150.W $125.00
12„
Sanitary Sewer Forced Main 20 FES 1 LS $125.00 $175.00
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 aft SY $26 80 $1,094.10
Street Lighting
Street Names
Signage&Pavement Marking
Fencing Requirements
Landscaping
Sow-ling 1 LS $2(40000 $20,90019
Park Improvements
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL: q.5111O0,' $101,44(3.60
Engineering and Supervision Costs$_ 7,608.65 (7.5%)
(Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors)
TOTAY,'TSTIMATED COST OF IMPROVEMENTS AND SUPERVISION S 109,057.25
1111111 11111 DOD I'll 11111 1111111 11111 III MUD IIII
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EXHIBIT A cOsC Sheet:ON4IT'E) fgnat lre P4gg.
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 0By:
Applicant AA
LAC- ftilot- T Date /4 ,20 U^
Title
By:
Applicant
Date ,20
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
M:\AGREEMENTS\Exhibits\Exh A on-site xis
111111 11111 111111 III' 11111 1111111 11111 111 1111 III IIII
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EXHIBIT A - Cost Sheet (OFF-SITE)
Name of Subdivision,PUP,USH,RE,SPR: High Plains Disposal Weld Site /{FHing/Case USR-1677 Location:17754 WCR 32
Personnel Contact:Name Andy Cunningham Title lbmpr Phone 817-Q17-7240
Intending to be legally bound,the undersigned Applicant here, agrees to provide throughout this facility the following improvements.
Improvements (OFF-SITE)
(Leave spaces blank where they do not apply)
Ouantitv Units Unit Costs(Sl Estimated Construction
Cost tst
Site Grading 1 LS $3.100.00 $3,100.00
Street Grading 86i0 SY $1 75 $1.505.00
Street Base Edge Kill Butt Joint 113 SY $25 44 $2,874 72
Street Paving 6% CY
60 $21,297.60
Curbs,Gutters,and Culverts 24 FES 2 FA S2(11
"
ro WO 08
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert 24" 118 LF $50.00 $5,911O 0O
Grass Lined Swale
Ditch Improvements 1R FFS 1 $15000 $1.,0.00
Subsurface Drainage Riprap 2 EA $475.00
$1,750.00
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 2 EA $222 22 $444 44
Fencing Requirements Markings 1 LS
$609.00 $609.00
Landscaping c1ilp 1 LS $3,5612 69 $? 500 00
Park Improvements
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL: .-
$41,530.76
Engineering and Supervision Costs$ 3.114.81 (7.5%)
(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 $ 44,645.57
ARID IIIII DOH IIII IIII1 MOH III HIE IIII
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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 impr ements shall be completed according to the construction schedule set out in Exhibit B
By: eat
Applicant 1 1 u
tat tLt (�ao� T Date t (o ,2o C�CI
Title
By:
Applicant
Date ,20
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
M:\AGREEMENTS\Exhibits\Exh A off-site.xls
i 11111111111111111 I I I 111111111111111111 I I 1111111 I I I I I I 1
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EXHIBIT B-Time Schedule(ON-SITE) &(OFF-SITE)
Name ofSubdivis[oo,PED,LSR,1tE,spx: High Plains Disposal Weld 41e,vitgid, USR-1677 t,ucaanon:17754 WCR 32
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility theJollrming improvementa
All improvements shall be completed within I 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 not apply)
oN.SITEl (OFF-CITP1
Site Grading
Within 1 Year
Street Grading Within 1 Year
Street Base
Within 1 Year Witj»n 1 Year
Street Pawing Within 1 Year Within 1 Year
Curbs,Gutters,and Culverts
Within _Year
Sidewalk
Stormwater/Drainage Facilities Within 1 Year Within 1 Year
Retention/Detention Ponds
Road Culvert Within 1 Year Within 1 Year
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 Within 1 Year
Street Lighting
Street Names
Signage&Pavement Marking
Within 1 Year Within 1 Year
'Fencing Requirements
Landscaping
Within 1 Year Within 1 Year
Park Improvements
Telephone
Gas
Electric
Water Transfer
Final Completion Date for Entire Project
1111111 11111 111111 IIII 11111 1111111 11111 111 111111 III IIII
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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:
Applicant
� qI ^
VlC.2, �mSi�.e„�- Date �, �t%p ,20 b9
Title
By:
Applicant
Date ,20
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
Mitt 11111 IIIIII 1111 11111 1111111 III III IIIIII III IIII
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44ftr1 MEMORANDUM
�• TO: Board of County Commissioners 1/28/2010
COLORADO FROM: Chris Gathman — Planner III t 94
SUBJECT: On-Site/Off-Site Improvements Agreement for High Plains
Disposal (USR-1677)
High Plains was approved for a Use by Special Review Permit for a Class II Injection Well for
USR-1677 on January 14, 2009. The Department of Planning Services has received a signed
improvements agreement for on-site and off-site improvements for High Plains Disposal (USR-
1677). Collateral in the amount of($153,702.82) One-Hundred Fifty-Three Thousand Seven-
Hundred Two Dollars and 82 cents has submitted. The improvements agreement and collateral
has been reviewed by the Departments of Planning Services and Public Works and it has been
determined that the amount of collateral is sufficient to cover the proposed improvements. The
Departments of Planning Services and Public Works recommend acceptance of this collateral.
L)
2010-0228
Bond No. PRF08959471
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:That
High Plains Disposal, Inc.
(Name of Contractor)
4501 UW Hwy 59N, Lufkin,Texas 75902
(Address of Contractor)
a Corporation ,hereinafter called Principal,
Corporation,Partnership,or Individual
and Fidelity and Deposit Company of Maryland
(Name of Surety)
1400 American Lane, Tower I, 19th Floor Schaumburg, IL 60196
(Address of Surety)
hereinafter called "Surety", are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 - 10th Street,
Greeley,Colorado 80632 hereinafter called"County",in the penal sum of
One hundred fifty three thousand seven hundred two and 82/100 Dollars
($ 153,702.82 ) in lawful money of the United States,for the payment of which sum well and truly to be made,we bind
ourselves,successors,and assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas,the Principal entered into a certain contract with the County,dated the
19th day of August , 2009 ,a copy of which is attached and made a part hereof for the construction of:
USR - 1677 On&Off Site Road Improvements
NOW,THEREFORE,if the Principal shall well,truly and faithfully perform it's duties,all the undertaking,covenants,terms,conditions,
and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the County, with or
without notice to the Surety and during the one-year(I)guarantee period,and if he shall satisfy all claims and demands incurred under such
Contract,and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so,
and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation
shall be void;otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to work to be performed thereunder or the specifications accompanying the same shall in
any way affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the
terms of the Contract of the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the County and the contractor shall abridge the right of any beneficiary
hereunder,whose claim may be unsatisfied.
S-3172/GE 11/97 Page 1 of 2
XDP
•
Bond No. PRF08959471
IN WITNESS WHEREOF,this instrument is executed in 1 (number)counterparts,each one of which
shall be deemed an original,this 19th day of August , 2009 .
ATTEST: High Plains Disposal, Inc.
Principal
Principal Secretary
By (S)
(SEAL)
Witness as to Principal
4501 UW Hwy 59N, Lufkin, Texas 75902
Address
Address
ATTEST:
Fidelity and Deposit Company of Maryland
Surety Secretary Surety
(SEAL) �{/�'
d
t� as lo CSurety Attorney-in-Fad
Tracy Tucker
900 Summit Ave. Ft Worth, TX 76102 900 Summit Ave. Ft Worth,TX 76102
Address Address
NOTE: Date of bond must not be prior to date of Contract. If contractor is a partnership,all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list(Circular 570 as amended)
and be authorized to transact business in the state where the project is located.
S-3172/GE 11/97 Page 2 of 2
Bond No. PRF08959471
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:That
High Plains Disposal, Inc.
Name of Contractor
4501 UW Hwy 59N, Lufkin, Texas 75902
Address of Contractor
a Corporation ,hereinafter called Principal,and
Corporation,Partnership or Individual
Fidelity and Deposit Company of Maryland
Name of Surety
1400 American Lane, Tower I, 19th Floor Schaumburg, IL 60196
Address of Surety
hereinafter called"Surety",are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS,915 - 10th Street, P.O.
Box 758,Greeley,Colorado 80632,hereinafter called"County",in the penal sum of
One hundred fifty three thousand seven hundred two and 82/100 Dollars
($ 153,702.82 )in lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,
successors,and assigns,jointly and severally,firmly by these presents.
THE CONDITION Of THIS OBLIGATION is such that whereas,the Principal entered into a certain contract with the County,dated the
19th day of August , 2009 ,a copy of which is hereto attached and made a part hereof for
the construction of: USR- 1677 On &Off Site Road Improvements
NOW,THEREFORE, if the Principal shall,during the entire length of said Contract and any extension thereof,promptly make payment
to all persons, firms,subcontractors,and corporations furnishing materials for or performing labor in the prosecution of the work provided for
in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants,oil,gasoline, coal
and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance
premiums on said work, and for all labor, performed on such work whether subcontracted or otherwise, then this obligation shall be void;
otherwise to remain full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall
in any way affect its obligation on time,alteration or addition to the terms of the Contractor to the work or to the specifications.
PROVIDED, FURTHER, that a final settlement between the County and the contractor shall abridge the right of any beneficiary
hereunder,whose claim may be unsatisfied.
5-3171/GE 11/97 Page 1 of 2
XDP
Bond No. PRF08959471
IN WITNESS WHEREOF,this instrument is executed in (number)counterparts,each one of which
shall be deemed an original,this 19th day of August , 2009 .
High Plains Disposal, Inc.
Principal
ATTEST:
BY:1, L( _ (S)
Principal Secretary
(SEAL) 4501 UW Hwy 59N, Lufkin, Texas
75902
Wtness as to Principal Address
Fidelity and Deposit Company of Maryland
[ ��/��� � ���„ �,�� •
Surety
PllaC e-da Xi g„ BY.
Wtness as to Surety rney-in-Fact
Tracy Tucker
900 Summit Ave. Ft Worth, TX 76102 900 Summit Ave. Ft Worth, TX 76102
Address Address
NOTE: Date of bond must not be prior to date of Contract.If contractor is a partnership,all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended)
and be authorized to transact business in the state where the project is located.
S-3171/GE 11/97 Page 2 of 2
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the S aryland, by
THEODORE G.MARTINEZ,Vice President,and GERALD F.HALEY,Assist cc suance of authority
granted by Article VI, Section 2,of the By-Laws of said Companies, n tside hereof and are
hereby certified to be in full force and effect on the date her mi y It. - appoint Tracy
TUCKER,Tobin TUCKER,W.Lawrence B D ' r, :I�: ,5� rth,Texas, EACH its true and
lawful agent and Attorney-in-Fact,to c nd 'v t R ..1 ° its behalf as surety, and as its act and deed:
any and all bonds and un o ndependent Executors,Community Survivors and
Community Guar. t. Pq he xec . or undertakings in pursuance of these presents, shall be as binding
upon said Compani• a, 'u �a ' tents and purposes,as if they had been duly executed and acknowledged by
the regularly elected h mpany at its office in Baltimore, Md.,in their own proper persons. This power of
attorney revokes that' s on behalf of Tracy TUCKER,Tobin TUCKER,W.Lawrence BROWN,dated October 11, 2004.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY,this 20th day of April,A.D. 2009.
A11EST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
V Sr
° = SEAL 1
4,,°xi -7 Nit' `=rl24, , 5'` ivy .,.
° +.,., (i By:
Gerald F. Haley Assistant Secretory Theodore G. Martinez
State of Maryland lss:
City of Baltimore J
On this 20th day of April, A.D. 2009, before the subscriber. a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, to me personally known to he the individuals and officers described in and who
executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid,and that the seals
affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
/unb
(, `` 2.ci / l )
V.:(9,,Lys.. i
`fII, no"
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA-F 168-2829
Fo D Fidelity and Deposit Companies
Home Office: 3910 Keswick Road Baltimore,MD 21211
Sint
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for
information or to make a complaint at:
1-800-654-5155
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights, or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial
American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does
not become a part or condition of the attached document.
S8543f(TX)(08/01)
Hello