The URL can be used to link to this page

Browse Search

Home My WebLink About20102339.tiff 3; RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY) FOR USE BY SPECIAL REVIEW#1682 AND AUTHORIZE CHAIR TO SIGN - MORTON LAKES, LLC, C/O READY MIXED CONCRETE COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated April 29, 2009, a Site Specific Development Plan and Use by Special Review Permit#1682 for Mineral Resource Development Facilities, including a Concrete Batch Plant, Recycled Concrete and Gravel Mining, and the importation of mineral resource material from USR-1608 (Holton Lakes), in the A (Agricultural) Zone District, for Morton Lakes, LLC, 4395 Washington Street, Denver, Colorado 80216, c/o Ready Mixed Concrete Company, 14585 Brighton Road, Brighton, Colorado 80601, on the following described real estate, to-wit: Lot B of Recorded Exemption #1525; being part of the SE1/4 of Section 1, and the NE1/4 of Section 12, Township 1 North, Range 67 West; together with a Non-Exclusive Easement and Right-of-Way for ingress and egress purposes as granted at Reception No. 02005215 and all right of access, ingress, and egress for agricultural purposes over and across existing traveled roads delineated on Lot A of Recorded Exemption#835, being part of the SE1/4 of Section 1, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval in said Resolution, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements(On-Site Only)for Use by Special Review#1682 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Morton Lakes, LLC, c/o Ready Mixed Concrete Company, with terms and conditions being as stated in said agreement, and WHEREAS,after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements(On-Site Only)for Use by Special Review#1682 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Morton Lakes, LLC, c/o Ready Mixed Concrete Company, be, and hereby is, approved. 2010-2339 111111111111111111111111 II511111111111111 HIE 1111 CC CI— PL2010 3725305 10/14/2010 /� 1 of 19 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IMPROVEMENTS AGREEMENT - MORTON LAKES, LLC, CIO READY MIXED CONCRETE COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of October, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 75 • La • �• o g s Rade :cher, h-'r Weld County Clerk tot -.:•: it, rbara Kirkmeyer, ro Tern Deputy Clerk t. the Boar:♦VI <J - ✓-), Sean P. Carl a AP V A RM: lX Willis F. Ga my Attorney EXCUSED David E. Long Date of signature:l��/ 1111111111111111111111111111111111 ff111III 1111111111111 3725305 10/14/2010 11:56A Weld County, CO 2 of 19 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2010-2239 PL2010 (tott' MEMORANDUM TO: Board of County Commissioners , • COLORADO DATE: September 29, 2010 FROM: Kim Ogle, Planning Services SUBJECT: Acceptance of Improvements Agreements Ready Mixed Concrete Company USR-1608 and USR-1682 The Department of Planning Services' is in receipt of two(2) Improvements Agreement According to Policy Regarding Collateral for Improvements (On-Site Only) for Holton Family LLC, do Ready Mixed Concrete Company (USR-1608) and for the Morton Lakes LLC, do Ready Mixed Concrete Company(USR-1682)for site improvements associated with a land use permits for the Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including a Concrete Batch Plant, Recycled Concrete and Gravel Mining facility in the A (Agricultural) Zone District. The improvements are located on the following described real estate: [USR-1608, Holton Lakes LLC] Lot B, RE-4381 being part of the NW4SW4 Section 6, Ti N, R66W; SW4 Section 6, Ti N, R66W; W2NW4 Section 7, Ti N R66W excluding S2SE4SW4SW4 of Section 6, Ti N, R66W and also excluding NE4NW4NW4 Section 7, Ti N, R66W; NE4NW4/NE4NW4NW4 and Part NW4NE4 lying W of Westerly R-O-W Lane SH 85, Section 7, Ti N, R66W and the S2SE4SW4/SE4SW4SW4 and part S2SW4SE4 lying W of Westerly R-O-W Lane SH 85 Section 6, Ti N, R66W of the 6th P.M., Weld County, Colorado. [and USR-1682 Morton Lakes LLC] Lot B, RE-1525 being part of the SE4 of Section 1 and the NE4 of Section 12, Township 1 North, Range 66W of the 6th P.M., Weld County, Colorado. Per the Agreement, Weld County acknowledges and agrees that Ready Mixed Concrete Company will not be required to commence work on the on-site improvements described in Exhibits "A", "B" and "C" nor to provide collateral for said improvements as required by this Improvements Agreements until Ready Mixed Concrete Company submits and receives approval of the grading permit application issued by Weld County. Items covered under this Agreement for USR-1608 include: Site Grading Year 2013 $ 1,800.00 dollars Street Base Year 2013 8,500.00 dollars Entrance Improvements Year 2013 70,000.00 dollars Cattle Guards Year 2013 12,000.00 dollars Stop Sign Year 2013 150.00 dollars Fencing Year 2013 3,040.00 dollars Landscaping — Grass Seed Year 2013 2,500.00 dollars Engineering and Supervision 9,800.00 dollars Total Estimated Cost for improvements 107,790.00 dollars 2010-2339 pL 20 i C Items covered under this Agreement for USR-1682 include: Site Grading Year 2013 $ 4,200.00 dollars Street Base Year 2013 20,000.00 dollars Fencing Year 2013 15,580.00 dollars Landscaping — Grass Seed Year 2013 2,500.00 dollars Engineering and Supervision 4,228.00 dollars Total Estimated Cost for improvements 46,508.00 dollars The Weld County Attorney finds the Agreement is in the appropriate form. The Department of Public Works and the Department of Planning Services, have determined that the amount of the agreement will be sufficient to complete the work required for the Holton Family LLC, do Ready Mixed Concrete Company (USR-1608) and for the Morton Lakes LLC, do Ready Mixed Concrete Company(USR-1682)for site improvements generally located in Sections 1, 6, 7 and 12,Township 1 North, Range 66W of the 6th P.M, Weld County, Colorado, case numbers USR-1608 and USR- 1682. The Departments of Public Works and Planning Services' recommends to accept the Agreement as presented. HART ENVIRONMENTAL PO. Box 1303 Boulder, Colorado 80306 Phone: 303.411.6602 September 13, 2010 Mr. Kim Ogle Weld County Department of Planning Services 1555 North 17th Ave. Greeley, CO 80631 RE: Holton and Morton Lakes Improvements Agreements Dear Kim: Transmitted with this letter please find the Holton Lakes (USR 1608) Improvements Agreement,with exhibits, signed by Thomas M. Holton, as manager of the Holton Family LLC and by Ronald S. Henley, as President of Ready Mixed Concrete Company. In addition,transmitted herewith please find the Morton Lakes (USR 1682) Improvements Agreement, with exhibits, signed by Ronald S. Henley as President of Ready Mixed Concrete Company. Sincerely, Michael J. (Mike) Hart Encl. Cc: Bill Timmons, Ready Mixed Concrete Company Tom Holton, Holton Lakes, LLC IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY) Morton Lakes LLC, C/O Ready Mixed Concrete Company—USR-1682 •THIS AGREEMENT, made and entered into this �T� day of (l e:foker , 2010, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," Ready Mixed Concrete Company, hereinafter called "RMCC", and the Morton Lakes LLC, hereinafter called "Property Owner." The County, RMCC and Property Owner may each be referred to herein individually as a "Party" or collectively as the "Parties." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption No. 1469-12-1-RE 1525, as per the map recorded January 6, 1994 in Book 1421 at Reception No. 2367922, being part of the SE '/4 of Section I, and the NE '/a of Section 12, both in Township 1 North, Range 67 West of the 6`h Principle Meridian, Weld County, Colorado, together with a Non- Exclusive Easement and Right-of-Way for Ingress and Egress purposes as granted in the document recorded April 10, 1985 at Reception No. 02005215 and all right of access, ingress, and egress for agricultural purposes over and across existing traveled roads delineated on Lot A of Recorded Exemption No. 1469-1-4 RE 835, being part of the SE '/ of Section 1, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, RMCC is solely responsible for the mining and reclamation of the sand, gravel and stone in, on and under the Property under the terms of a mined land reclamation permit issued by the Colorado Department of Natural Resources, Mined Land Reclamation Board ("DRMS Permit No. M-2008-082"), which permit is secured by a reclamation performance bond posted by RMCC with the State of Colorado, and WHEREAS, Property Owner and RMCC have acquired a land use permit from County for a Mineral Resource Development Facility, including a Concrete Batch Plant, Recycled Concrete and Gravel Mining, and the importation of mineral resource material from USR-1608 (Holton Lakes), as reflected in that certain Special Review Permit #1682 ("USR-1682") (hereinafter the "Mineral Development Facility Activities"), and WHEREAS, by letter dated October 10, 2008 addressed to Mr. Kim Ogle of the County Department of Planning Services (a copy of which is attached hereto and made a part hereof as Exhibit "D"), RMCC is authorized to engage in all permit related activities that involve the 111111111111111111111111111111111111111 III 11111 IIII IIII 3725305 10/14/2010 11:56A Weld County, Co 22C/C,— a 3.37 3 of 19 R 0.00 D 0.00 Steve Moreno Clerk & Recorder coordinated mining and reclamation of the Property and the property subject to USR-1602 (Holton Lakes), and WHEREAS, Section 3, Paragraph A of USR-1682, titled"Prior to release of the Grading Permit,"requires that prior to recording the plat RMCC shall complete the improvements or complete an Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all required materials, and WHEREAS, RMCC will not be in position to complete the improvements prior to recording the plat, and WHEREAS the scope of the improvements which are the subject of and described in this Agreement are limited to those depicted in Exhibit "C"titled "Landscape Plan Map," which exhibit comprises Sheet 5 or 5 of the USR-1682 plat as previously filed by RMCC with the County Departments of Public Works and Planning, and as subsequently accepted by the County Department of Planning and as subsequently reviewed by the County Department of Public Works, and WHEREAS, the improvements that are the subject of the Exhibits "A," "B" and "C" attached hereto are private improvements and, as such, will not be dedicated for public use, and WHEREAS, Property Owner and RMCC acknowledge that neither may engage in any Mineral Development Facility Activities until said improvements have been completed in conformance with USR-1682, and WHEREAS, County acknowledges and agrees that RMCC shall not be required to commence work on the on-site improvements described in the Exhibits "A," "B" and "C" attached hereto nor to provide collateral for said improvements as required by this Agreement until RMCC submits and receives approval of an application for grading permit from the County. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and ▪ o covenants contained herein, the parties hereto promise, covenant and agree as follows: d ▪ • x o ed A. Required Off-Site Improvements: Non-Applicable at this time. In the event that direct access is required to the Property, RMCC shall apply to Weld County and/or CDOT for the g c3 required permits, as needed. Granting of new points of access could generate obligations with 3 d Weld County for Off-Site Improvements and "Road Maintenance Collateral." S3 w B. Haul Routes: Non-Applicable mow cc it =Ws paN o C. Road Maintenance Requirements: Non-Applicable —'o � o o D. On-Site Improvements: =NO 1.0 Landscaping and Fencing Requirements: RMCC shall construct and seed the is 8 m screening berm shown on the accepted Construction Plans and Exhibit"C." RMCC shall at its own as in al O T r o M:PLANNING^•DEVELOPMENT REVIEW\USA-Use by Special Review\USR-1682 Morton Lakes\ImprovementsAgreement\RMCCMorton i7 a Lakes(USR-1682)_FINAL IA(9-9-10).docx 2 expense plant, install and maintain all grass and other landscaping and re-seeding where applicable as shown on the accepted Construction Plans and Exhibit "C." Additionally, RMCC shall install and maintain fencing on the property as indicated on the accepted Construction Plans and Exhibit "C." In the event any of the improvements extend into a State or County Right-Of-Way, a Right- Of-Way permit may be required. 2.0 On-Site Grading: RMCC shall at its own expense grade internal roads depicted in Exhibit "C", said private roads to be used on the Property to facilitate Mineral Development Facility Activities, accesses and parking areas (if any). RMCC shall be responsible for all maintenance of the onsite improvements. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. In the event any of the improvements extend into State or County Right-Of-Way, a Right-Of-Way permit may be required. 3.0 Timing of Improvements: RMCC shall not be required to initiate any improvements until the grading permit is issued by County. Any alterations to the accepted Construction Plans must be pre-approved in writing by the Planning and Public Works Departments. At that time, RMCC agrees that all landscaping and other on-site improvements, as indicated in Paragraph D. 1.0 and Paragraph 2.0 above shall be completed within the parameters established in Section E. 6.0 and Exhibit B. 4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements, RMCC shall contact the County Department of Planning Services and the County Department of Public Works and request an inspection of the on-site improvements described in Paragraph D.1.0 and D.2.0 above. The County's representatives shall then initiate the process for "Acceptance of Improvements" set forth in Paragraph E. 6.0. 5.0 Property Owner's Obligations Regarding On-site Improvements: Property Owner shall have no obligation, financial or otherwise, to complete or maintain any of the improvements described in this Agreement. o E. General Requirements: rc 1.0 Engineering Services: RMCC shall furnish, at its own expense, all engineering CD x services required (if any) in connection with the design and construction of the improvements .641' identified on the accepted Construction Plans and Exhibit "C" according to the schedule set forth in - o g Exhibit"B." Nmm� 3 2 1.1 The required engineering services (if any) shall be performed by a ct c Professional Engineer and Land Surveyor registered in the State of mi.=CO L co Colorado. —moo o c 1.2 The required engineering services (if any) shall consist of, but not be limited mom-o to, surveys, designs, plans and profiles, estimates, construction supervision, 4 o and the submission of necessary documents to the County. cc -LO) —M �N M M:PLANNING^ DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1682 Morton Lakes\ImprovementsAgreement\RMCCMorton LO Lakes(USR-1682)_FINAL IA(9-9-I 0).docx 3 1.3 RMCC shall furnish construction drawings for the road improvements on public rights-of-way, if any. 2.0 Rights-of-Use: As provided in Exhibit "D" hereto, the mining and reclamation of the Property and USR 1608 (Holton Lakes) will be coordinated and the access between the two will change in location over the respective lives of USR 1682 and USR 1608. 3..0 Construction: RMCC shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and Exhibit "C" and RMCC shall be solely responsible for the costs listed on Exhibit "A," and described in parts A and D of this Agreement, with the improvements interior to the Property to be completed by the dates set forth in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in Exhibit"B" upon application by RMCC. 3.1 Said construction shall be in strict conformance with the accepted Construction Plans and Exhibit"C." 3.2 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at RMCC's expense. Any material or work not conforming to Exhibit "C" or the accepted Construction Plans, including but not limited to damages to property adjacent to areas where improvements will be installed as provided in Exhibit "C," shall be removed or replaced to the satisfaction of County at the expense of RMCC. 4.0 Release of Liability: RMCC, shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees (if any) engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the applicable laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of On-Site Improvements: RMCC shall warranty all improvements depicted on the accepted Construction Plans and Exhibit "C" for a period of one (1) year. The warranty period shall commence after the County's execution of a written acceptance of the improvements as provided in Paragraph E. 6.0. 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by RMCC, the improvements shall be deemed accepted by the County. M:PLANNING^ DEVELOPMENT REVIEW\USR-Use by Special Review USR-1682 Morton Lakes\ImprovementsAgreement\RMCCMorton Lakes(USR-l682)_FINAL IA(9-9-10).docx 4 1 Hill IIIII 111111111111 II 1111111111111 III 1111111111111 72 0/14/2010 11:56A Weld County, CO 1720730159 o.305 19 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6.1 If requested by RMCC and approved by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not, alone, constitute an acceptance of said portions of the improvements. 6.2 Upon completion of the construction of the required on-site improvements, and the filing of a Statement of Substantial Compliance RMCC's engineer, RMCC may request in writing that County inspect the improvements. The Statement of Substantial Compliance shall be prepared by an engineer registered in the State of Colorado (hereinafter "Engineer"), indicate that the improvements have been completed in substantial compliance with Exhibit "C" and the accepted Construction Plans and document the following, if the following is so required under Paragraph E. 1.0 titled "Engineering Services": 6.2.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County as reflected in Exhibit"C" and the grading permit. 6.2.2 "As-built" plans shall be submitted with the Statement of Substantial Compliance. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as approved in Exhibit "C" and the accepted Construction Plans, or that any material deviations from the same have received prior written acceptance from the County Engineer. °C 6.2.3 The Statement of Substantial Compliance must be accompanied by, if a a Y applicable, a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any � d utilities. - o` 3 6.3 Upon completion of the one-year warranty period, the County Engineer and the County Department of Planning Services shall, upon request of RMCC, co - ?"' inspect the subject improvements, and notify RMCC of any deficiencies. If _ _ o any deficiencies are discovered, RMCC shall correct the deficiencies. The c County Engineer and the County Department of Planning Services shall re- � inspect the improvements after notification from RMCC that said a o deficiencies have been corrected. If the County Engineer and the County Department of Planning Services find that the improvements are constructed to 0) as provided in Exhibit "C" and the accepted Construction Plans, each shall Lrecommend full acceptance of the improvements. Upon receipt of a positive o OD f", written recommendation from the County Engineer and the County Department of Planning Services for "Acceptance of Improvements" within M:PLANNING^ DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1682 Morton Lakes\ImprovementsAgreement\RMCCMorton Lakes(USR-1682)_FINAL IA(9-9-10).docx 5 the USR, the Board of County Commissioners shall fully accept said improvements. 6.3.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to Exhibit "C" and the accepted Construction Plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to the improvements. 7.0 General Requirements for Collateral: 7.1 County requires RMCC to provide Project Collateral for completion of all improvements described in Exhibits "A" and "C" to this Agreement. 7.2 Project Collateral submitted to County to guarantee completion of the improvements identified in Exhibit "C" and further enumerated in the costs listed in Exhibit "A," must be equivalent to One-Hundred Percent(100%) of the value of the improvements as shown in Exhibit "C." Such collateral shall be provided to the County on the dates set forth herein and shall be in the form provided for in Paragraph E. 7.3 below. 7.2 Acceptable Project Collateral shall be submitted prior to commencement of Site Preparation, as herein defined. The improvements shall be completed d within the time schedule set forth in Exhibit "B" hereto. "Site Preparation" mi. 12 _ 0 shall mean earthwork grading or performance of work, or construction or CC installation of improvements related to Applicant's planned operations ▪ C pursuant to USR-1682 that require a grading permit from the County pursuant to the County Code. "▪ d 7.3 The Project Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to One Hundred Percent (100%) of the total value of the improvements set forth in this Agreement (including Exhibits ti "A" and "C") and the plat; the LOC shall be subject to the requirements of �'r County Code Section 2-3-30 B. RMCC shall utilize only a County approved form when obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF O, CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD cm g COUNTY, COLORADO). A copy of said form has been provided to o RMCC. cc -tom The Project Collateral may be in the form of a surety bond given by a LO a o corporate surety authorized to do business in the State of Colorado in an "O° amount equivalent to one hundred percent (100%) of the value of the improvements set forth in this Agreement. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. RMCC shall utilize only a County approved form when obtaining a surety M:PLANNING-.'DEVELOPMENT REVIEW USR-Use by Special Review\USR-1682 Morton Lakes\ImprovementsAgreement\RMCCMorton Lakes(USR-1682)_FINAL IA(9-9-10).docx 6 bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to RMCC upon request. The Project Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth this Agreement. 7.4 The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a "three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best. The Board further reserves the right to require RMCC to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by RMCC within sixty (60) days of the Board's notice to RMCC that the rating has fallen and that the collateral must be replaced. RMCC may not terminate existing collateral until replacement of collateral has been secured. 8.0 Release of Project Collateral: Upon the County Engineer and the County Department of Planning Services finding that the improvements are constructed as provided in Exhibit "C" and the accepted Construction Plans, each shall recommend full acceptance of the improvements as provided in Paragraph E. 6.3. Upon receipt of a positive written recommendation from the County Engineer and the County Department of Planning Services for "Acceptance of Improvements" within the USR, the Board of County Commissioners shall fully accept said improvements and release the Project Collateral. 9.0. Successors and Assigns: In the event that RMCC seeks to transfer, delegate or assign its obligations under this Agreement to a party (other than an affiliate of RMCC) that is not a signatory to this Agreement (hereinafter "Third Party"), the Third Party shall be required to enter into a replacement or amended "Improvements Agreement" with County as provided in Paragraph G. 2.1 of this Agreement. In the event the Property becomes subject to the jurisdiction of another governmental entity all of the County's rights and obligations under this agreement shall terminate. 10.0 County Engineer: All references in this Agreement to "County Engineer" shall refer to any individual or individuals appointed by the County Engineer to act on his/her behalf. 11.0 Violation of Terms of Agreement: If in County's opinion, RMCC has violated any term of this Agreement, County shall notify RMCC in writing of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. RMCC shall have thirty (30) calendar days from the date of receipt County's written notice within which to cure the violation or otherwise demonstrate why RMCC is in compliance with the terms of the Agreement. If, after thirty (30) calendar days, County believes in good faith that there has been a violation of the terms of this Agreement, County shall either M:PLANNING^ DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1682 Morton Lakes\ImprovementsAgreement\RMCCMorton Lakes(USR-1682)_FINAL IA(9-9-10).docx 1 IRO 11111 IDE EMI II 1111111111111 III 11111 IIII IIII 3725305 10/14/2010 11:56A Weld County, CO 9 of 19 R 0.00 D 0.00 Steve Moreno Clerk& Recorder provide RMCC additional time to respond upon good cause shown or initiate proceedings to revoke USR-1608. F. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. G. Termination of Agreement: 1.0 Termination Event: This Agreement shall terminate upon the earliest of the following events: 1.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon RMCC's complete cessation of all activities permitted under USR-1682 or any amendments thereto. A partial cessation of activities shall not constitute a termination of this Agreement. RMCC shall provide written notice to County of said cessation of activity, which County shall then verify. If written notice is not provided to County, termination of this Agreement shall not occur until County has determined that USR-1682 is inactive, evidence of which shall be three (3) years following the date of the County's observance of the cessation of activities, as provided in Sec. 23-2-290.E of the Weld County Code. 1.2 Execution of Replacement or Amended "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1682". This Agreement shall terminate following County's execution of a replacement or amended Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1682 with a Third Party. At such time that a replacement or amended Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1682 takes effect, RMCC's Project Collateral shall be returned by County to RMCC, or RMCC successors or assigns, as provided in Paragraphs G. 3.0 or G. 4.0 below, if not so previously returned as provided in Paragraph E. 8.0. 2.0 Termination Procedures. 2.1 Termination Procedures. If RMCC desires to delegate, transfer or assign its rights and obligations under this Agreement to a successor (other than an affiliate of RMCC), RMCC shall provide County with a written "Notice to Transfer," stating the date of transfer, and identifying the Third Party to whom the transfer shall be made. Following receipt of the Notice to Transfer, County shall inspect the improvements required under the terms of this Agreement to determine whether the improvements have been completed as contemplated in Exhibit "C" and the accepted Construction Plans. If the improvements have been accepted by County as provided in Paragraph E. 6.0, the delegation, transfer or assignment shall be approved upon posting of replacement Project Collateral by Third Party under a replacement or amended Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1682. If the improvements have not been completed, M:PLANNING ry DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1682 Morton I.akesUmprovementsAgreement\RMCCMorton Lakes(USR-I682)_FINAL IA(9-9-10).docx 8 1 1111 11111 DTI 11111111EMI 11111 III 111111 III III 3725305 10/14/2010 11:56A Weld County, CO 10 of 19 R 0.00 D 0.00 Steve Moreno Clerk & Record RMCC shall either complete the improvements or County shall require Third Party to post replacement Project Collateral under a replacement or amended Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1682. If the improvements have not been completed, the Board of County Commissioners may, in its sole discretion, hold a hearing to determine whether the RMCC Project Collateral should be called upon to pay County or a contractor of the County to complete the improvements described in Exhibit"C" or the accepted Construction Plans. 3.0 Consequence of Termination by Cessation of Permit Related Activities. Following County's confirmation that RMCC has ceased all activities related to USR-1682 and completed the improvements described in Exhibit "C" and the accepted Construction Plans, County shall release RMCC from all further obligations under this Agreement and shall release the Project Collateral RMCC has posted. 4.0 Consequence of Termination by Execution of Replacement or Amended Improvements Agreement According to Policy Regarding Collateral for Improvements — USR- 1608 with Third Party. Following County's execution of an Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1682 with Third Party, neither Property Owner nor RMCC shall have any further rights, obligations or liabilities under this Agreement, USR-1682, or the subsequent Improvements Agreement with Third Party. In addition, County shall release to RMCC the Project Collateral RMCC has posted, if it has not already done so. 5.0 Consequence of Termination Pursuant to Permit Revocation. In the event that activities related to USR-1608 cease as a result of the revocation of the permit, RMCC will be released from any of the obligations imposed by the terms of this Agreement only after RMCC's successful completion of all improvements required under this Agreement as provided in Exhibit "C" and the accepted construction plans, or after County accesses the collateral to the extent necessary to complete improvements County, in its sole discretion, deems necessary to preserve public interests. Whether the private improvements will be required to be completed upon permit revocation will be assessed by County during the permit revocation process. 6.0 Modification. This Agreement sets forth the entire understanding among the Parties regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all Parties. The Parties agree that if, for any reason, any provision, term, or portion of any provision or term of this Agreement shall be held invalid, illegal, or unenforceable, this Agreement shall automatically be conformed to such holding, and the validity, legality, and enforceability of the remaining terms, provisions or portions of provisions and terms of Agreement shall not be impaired but shall continue in full force and effect. H. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the undersigned parties that any person M:PLANNING^ DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1682 Morton Lakes\ImprovementsAgreement\RMCCMorton Lakes(USR-1682)_FINAL IA(9-9-I 0).docx 9 1111111111111111111111111111111111111111111111111111111 3725305 10/14/2010 11:56A Weld County, CO 11 of 19 R 0.00 D 0.00 Steve Moreno Clerk& Records or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROP V Y OWN R: OPERATOR: Morto es LL Ready Mixe' ' oncret- C'mpany By: Juil By: � Prsident, Rea ixed Concrete Company,Manager Presi.-nt,Ready M es'Concrete Company of Morton La e LC STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this !Outlay o A 2010 by Ronald S. Henley as President Ready Mixed Concrete Company, Manager of orton Lakes LLC, a Colorado limited liability company. `Cy My Commission Expires: ,' IZ k°' :7 otP RY:a _' zo.� G E Witness my hand and o la'seal. `` II PUFSL Q`cp tr. ,`� lC� 3�� IXIS �z `ti o2Et0FnC° xy�v' Notary Public mn s inn E'- STATE OF COLORADO• ) CITY AND ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this (pl"Nay of -a2010 byAcagja S. Henley as President of Ready Mixed Concrete Company, a Colorado corporation. PP_1E Aar"cos• C).• ••° • / y.0 y My Commission Expires: s/ I.9C( C t. O "` :�_ ��ov.of: Witness my hand and officialseal. y �� (� �� y� s • •••-• a (klLIQ.0`Vkk lit ��s L " face Th n"' ,i•y :m,r1s;';R� Notary Public M:PLANNING n•DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1682 Morton Lakes\ImprovementsAereement\RMCCMnrtnn Lakes(USR-1682)_FINAL IA(9-9-I0).docx 10 I 11111 11111 DIU 111111 II 111111II 11111 III 111111 III IIII 3725305 10/14/2010 11:56A Weld County, CO 12 of 19 R 0.00 D 0.00 Steve Moreno Clerk& Record/ BOARD OF COUNTY COMMISSIONERS WELD COY, COLORADO ' ocx4,fr- C\eatn All Doug1 s Rade acher, Chair ATTEST: •3 Oi,T042010 Weld County Clerk to th=[.o. 1/42 itel •,, / BY: l ;�' . Q2 ',ir�r � Deputy Cl' to the B�1w �� APPROVED AS TO FORM/ J ounty Attorney 111111111111 NMI EMI II 111111II 11111 III 111111 III IIII 3725305 10/14/2010 11:56A Weld County, CO 13 of 19 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:PLANNING^ DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1682 Morton Lakes\ImprovementsAgreement\RMCCMorton Lakes(USR-1682)_FINAL IA(9-9-10).docx I <_,7D/D - .7-1 ATTACHMENT"A" to Improvements Agreement According to Policy Regarding Collateral for Improvements (On-Site Only) Morton Lakes LLC, c/o Ready Mixed Concrete Company USR 1682 Cost Sheet (On-Site) EXIIIIIIT A-Cost Skeet(©N-SIM SE1/4,S1,T1N Nesre of Subdivision.PUD,USE,RE,SPR: Morton Lakes Filing/Cased: USR-1682 Wtatioa:R67W, 6th P.M. Personnel Contact Name Bill Timmons Title G.M. Ploae303 .659. 0630 ilaieto&ekead&tat ieamdericar tapir=0bent Wen m WINO*alnalawraWhdiairL/writ aaswweemc Improvements (Leave apnea Weak wAent ey do rmr WO') 1St Sat Unit Casts al Fakraditegaiths Site Grading 28 Hours $150 . 00 $4, 200 . 00 Street Grading Street Base (Class 6) 4, 000 Yards $5 .00 $20, 000 . 00 Street Paving Entrance Improvemeub(Pa Sea E.-7.2) Curbs,Gutters,and Culverts Sidewalk Stormwater/Drainage Facilities Refeutioa/Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erodes Control Measures/BMP's Laterals(house or building connected) Water Supply and Storage Water Mains(includes bore) Fire Hydrants Survey,Street Monuments/Boxes Parldug Area Street Lighting Street Names Signage&Pavement Marking Fencing Requirements 8,200 feet $1 . 90 $15, 580. 00 Landscaping 60 lbs. $15 .00 $2, 500 . 00 Park Improvements Telephone Gas Electric Water Transfer SUR-TOTAL: $42, 280 . 00 Engineering and Supervision Costs S $4, 228 .00 (Testing,lrspeedea,as-bulk plans and work in addition to preliminary and Real pSt supervision of actual construction by caetractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S $46, 508 . 00 1111111 11111 111111 111111 1113111111111111 111111 III 1111 3725305 10/14/2010 11:56A Weld County, CO 14 of 19 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ATTACHMENT"B" to Improvements Agreement According to Policy Regarding Collateral for Improvements (On-Site Only) Morton Lakes LLC,c/o Ready Mixed Concrete Company USR 1682 Time Sheet (On-Site) & (Off-Site) EXHIBIT B-Time Schedule(ON-SITE)& (OFF-SITE) Name ofSubdivision,PUD,USR,RE,SPR: Morton Lakes Filing/Case#:U$R—1682 Location:SE1/4 , S1,T1N, R76I' Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All Improvements shall be completed within 3 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) O( - ITE) (OFFSITE) Site Grading Start Oct . 1, 2013 Street Grading Street Base Start Oct . 1, 2013 Street Paving Curbs,Gutters,and Culverts Sidewalk Stormwater/Drainage Facilities Retention/Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Laterals(house or building connected) Water Supply and Storage Water Mains(includes bore) Fire Hydrants Survey,Street Monuments/Boxes Parking Area Street Lighting Street Names Signage&Pavement Marking Fencing Requirements Start Oct . 1, 2013 Landscaping Start Oct . 1, 2013 Park Improvements Telephone Gas Electric Water Transfer Final Completion Date for Entire Project November 30, 2 013 IIIIII 11111 10111 111111 111111111111111 III 111111 III IIII 3725305 10/14/2010 11:56A Weld County, CO 15 of 19 R 0.00 0 0.00 Steve Moreno Clerk& Recorder ATTACHMENT "C" to Improvements Agreement According to Policy Regarding Collateral for Improvements (On-Site Only) Morton Lakes LLC, c/o Ready Mixed Concrete Company USR 1682 Morton Lakes Plat Use By Special Review - USR 1682 Landscape Plan Map, Sheet 5 of 5 STATE 14 IGHwAY.f - �� ,a, ; 2,42 _ • BARBED WIRE FENCEPEMEIER FINE"c'°er=navuo .mm•�..a srrs.°ar STD _ M. I. m. 5 I I• I r. I I F I I --- a".vmyseaum•mwr e5q� mayor moron 53 50 omevm mm. �I PROPOSED SEED H%FOR TOPSOL STIXxi FPROTELIMM w�oauu•usn•ee.s rvaw usa ew I� ] „ - _ % I.r wuiewxour s288Mxmm [mmrron Name -N. yierv...l Seed,Rate ;p .r.—`. - - horns Grasses _ MstthtG411.1 g I 5 1 eaW 3 we_ 3 , 'I• arerteree,44 _pre Lama 1 W mw• a. IIIIQ y --/.{ € I ,; Stage 3 — l.�i 4 356 Ac L.ma me. 11 I IIi 3[ree�rvy baneI Smn0ro"°reu ren to 12 it agn —`2D0 f f f I. I F _ r 115 C. /_J S 5 Y nee 4 ,, Stage 4 ( .,,, 11 a i Stage 4 �� \ �.�__ \ Tl" , •, x neap II 1�� 1 ( \ i Itt 1 ,: �, ;, i d� ---I i may: or, i' iI \ `• V` r. II % II --~ MIMI a II Stages 1ii, I y A =o ''3 11 . .1., Stage 2 -., _ 212 Ac g II :i, 1 \T l $ i III ` Stage 1 r 4 I,: I I e (Wash \ '\ 1• . I fuY Seru+9 Peml - \ __ —-�11 liar=II-- ENTRANCESIGN @HWY#52 I t; I 84 I \ S� ua Y. \ �I_I ( E\� �Q LEGEND - arm y eRlremry T ___- II2 ITT—._._•._._._.._ •..,eo...tiC'�.,D_ moo.,o-.q,..b..._,•., 8- �€ �2 `' S -.. ,.rw. u III SI P0.0JET'MORTON LAKES PLAT ^DaK•^' _ REVISIONS :n•• p USE BY SPECIAL REVIEW-USR# 1662 READY MIXED CONCRETE CO. x..F.v«m...I S.n.++.aa.ma '.'^ _0.05 14585 BRIGHTON ROAD ' 3°3 `"' _ 5"FET'MU IMPROVEMENTS AGREEMENT- 6RT0•CO 80601 R,R 4 passer see Neat ® 303 (3 03)444 2 1 ) v'° 5 EXHIBIT "C" (Landscape Plan Map) a°22, 222. 2-2,,,,..22.22 °"'"" ATTACHMENT "D" to Improvements Agreement According to Policy Regarding Collateral for Improvements (On-Site Only) Morton Lakes LLC,c/o • Ready Mixed Concrete Company USR 1682 Letter from Holton Family, LLC to K. Ogle, Weld County(October 10, 2008) • October 10,2008 Mr.Kim Ogle Weld County Department of Planning Services 918 10th Street Greeley,CO 80631 RE:Morton Lakes USR Application and Holton Lakes USR 1608 Dear Kim: Ready Mixed Concrete Company is authorized by Holton Family, LLC to utilize the Holton Lakes property as described in USR-1608 in conjunction with the coordinated mining and reclamation of the Holton Lakes and Morton Lakes properties. Coordinated and authorized uses include but are not limited to the following: 1. Excavating all sand and gravel material between the Holton-Morton common boundary as shown on the attached Morton Lakes Mining Plan; 2. Reclaiming the excavated common boundary for developed water storage as shown on the attached Morton Lakes Reclamation Plan; 3. Conveying sand and gravel excavated on Holton to Morton for processing; 4. Use of the C-DOT approved Holton Lakes' access to Colorado Highway 52 for ingress and egress to Morton and, 5. Transporting sand,gravel and concrete from Morton to the C-DOT approved Holton Lakes' access to Colorado Highway 52. Please do not hesitate to call me with any questions regarding this letter. Sincerely, crS‘'�" " \ Tom Holton,Holton Family, LLC Cc:Bill Timmons,Ready Mixed Concrete Company use I 111111111111111111111111111111111411 III 111111 Ill III 3725305 10/14/2010 11:56A 1Neld Countv,erC0 �+ a 17 of 19 R 0.00 D 0.00 Steve Moreno CI& Recorder .; 3 coLaiNpo STATE - . . d - a • - 9 ftE dlBII1WJIfff80W1 3 _ 1• I It I i l +r q i iramxi 1. {t Itmimbm , ,i i I 1 1 II is �I I's rli ��r.. i raccers II I - I' / t"- -''‘ .... I _ e^..,Al 'I { ammo,., • ,1 L -: a..^Stage 3 - - - I s.r elwamro ` // • Imo \ \ � �' t_ 1l n,,‘ \% \S ras II se 1 ' " Stage II_ : f 11 I ° 111 . rl i Stage�r 1 \\}\:\ '\a\ ; ? I itI i A '"Zril 1 I '1/4.. / Ii .k. 1 ,S tp •} A\\ i t.._ ' I I I I ! : I.:1. i %.N.., =� �,\� it 1 L �_ ,q « -ie_y L was f - __ LEGEND re.m^• GORTON Minilq Table"carts mom Y___� ^.. .e..r „en wn w aM 1n o ^,wwrtw, Itw avaK ~4Y y �� d, �.4 N a.� urm ties W WK a~ C= I sub, Kf o OO € --•--_ ` I8 le.em.a~sr4re se .....ar.er C pJp Ii F S� Cm= iee-o bee m REVISIONS ruo:NORTON LADS ....we " .r.r tat.. e...e ®e ....., 3 I KF BY SPECIAL REVIEW(USR#_) READY MXEU CONCRETE CO. .«..e....l u Wree . e o 11585 a80RDN ROAD =a blb.oi.+ m yHfTIIC IMMWmNIOt our _ .N. C smsssaess ,.n....w m� � J EXTRACTION PLAN MAP ..^.....1., Pica... 11111111 11111 111111 111111 II 11111111 VIII III 111111 III 1111 3725305 10/14/2010 11:56A Weld County, CO 18 of 19 R 0.00 D 0.00 Steve Moreno Clerk& Recorder .,�W. fOldl.m SiwR HIGHWAY•Y .wr pad it I - ` 1 1 ) i w ,tw MO". Is I ' E l I J I a ti I ( ' 1 jA . 1 AI - �' _ __ _mil \,. rrJ- 1 } liiik 1 I\ ,II ' _ I -- . .� '. , I ♦ 1 Ili Ma r�� ' 1/ ///q ♦ // ", r" ate_ - t morrow.", ID BO LEGEND wanwwmr-ewm.a.: rYY V) in b -. .r.. yer�l YM g M1SOW4' At.FiM M} g * _§ 'La la 'gar:MORTON LAKES ""` 1.....W -cur-rse—wir— �•� �"'" USE By SPECIAL REVIEW(USR#—) READY MIXED CONCRETE CO. ra,,,, "�" —I __ .•y 4 14585 BRIGHTON ROAD u. aHr1111£ waRW m 118181 wt.. °own-Ism __ 5 RECLAMATION PLAN MAP ioi., ° '""0' � —•� 1111111 11111 111111 111111 II 1111111 11111 III 111111 III IIII 3725305 10/14/2010 11:56A Weld County, CO 19 of 19 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Hello