HomeMy WebLinkAbout20101130.tiff 2.
RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR AMENDED USE BY SPECIAL REVIEW PERMIT #1394 - ZADEL
FAMILY, LLLP, CIO NORTHERN COLORADO CONSTRUCTORS, 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 May 14, 2008,the Board of County Commissioners approved Amended Use
by Special Review Permit#1394,for Zadel Family, LLLP, c/o Northern Colorado Constructors, Inc.,
9075 County Road 10, Fort Lupton, Colorado 80621,for a Mineral Resource Development Facility,
including a Concrete and Asphalt Batch Plant, Materials Blending, Import of Materials, and Gravel
Mining, in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lots 3, 4, 5, 6, 7, and 12, and part of Lot 11, of the
Lupton Meadows Land Company Subdivision,
together with the former right-of-way of the Denver,
Laramie, and Northwestern Railroad; all being a part
of Section 24, Township 2 North, Range 67 West of
6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval,the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Zadel Family, LLLP, c/o Northern Colorado Constructors, Inc., with terms and
conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Performance Bond #6619641 from First
8 National Insurance Company of America, c/o Flood and Peterson Insurance, Inc., 4687 West 18th
rced Street, Greeley, Colorado 80634, in the amount of$13,121.00, and
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WHEREAS, after review, the Board deems it advisable to approve said agreement and
� 0 accept said Performance Bond as stated above, copies of which are attached hereto and
S incorporated herein by reference.
-.trn NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
r o County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
- o Improvements between the County of Weld, State of Colorado, by and through the Board of County
=o o Commissioners of Weld County, and Zadel Family, LLLP, c/o Northern Colorado Constructors, Inc.,
=-moo be, and hereby is, approved.
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IMPROVEMENTS AGREEMENT-ZADEL FAMILY, LLLP, CIO NORTHERN COLORADO
CONSTRUCTORS, INC.
PAGE 2
BE IT FURTHER RESOLVED that Performance Bond #6619641 from First National
Insurance Company of America, do Flood and Peterson Insurance, Inc., 4687 West 18th Street,
Greeley, Colorado 80634, in the amount of$13,121.00, be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of May, A.D., 2010.
Imo"` BOARD OF COUNTY COMMISSIONERS
�4IFe La WELD COUNTY, COLORADO
ATTEST: :Tr
�i r are ��'�. �►
/' ugl s adem.'her, Chair
Weld County Clerk to the B.% • tow-
s, CUSED
♦ / , Barbara Kirkmeyer, Pro-Tem
Dep Clerk i. he Board EXCUSED
Sean P. Con y
APPROVED A FORM: f 7
iam F. Garc
County Attorney (c
David E. Long
Date of signature: ( 1 10
1 111111 11111 111111 111111 1ul IIII 1111111 111 11111 IIII IIII
3700290 06/18/2010 11:54A Weld County, CO 2010-1130
2 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL0525
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IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Zadel Family, LLLP, (Northern Colorado Constructors, Inc.) — AmUSR-1394
THIS AGREEMENT, made and entered into this 26th day of May , 2010,
by and between the City of Thornton, Colorado, hereinafter called "Property Owner," Northern
Colorado Constructors, Inc., hereinafter called "NCCI", and the County of Weld, State of
Colorado, acting through its Board of County Commissioners, hereinafter called "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of and NCCI is the lessee of the following
described property in the County of Weld, Colorado:
Lots 3, 4, 5, 6, 7, and 12, and part of Lot 11, of the
Lupton Meadows Land Company Subdivision,
together with the former right-of-way of the Denver,
Laramie, and Northwestern Railroad; all being a part
of Section 24, Township 2 North, Range 67 West of
the 6th P.M., Weld County, Colorado and
hereinafter referred to as "the Property," and
WHEREAS, Property Owner and NCCI have acquired land use permits from County for a Mineral
Resource Development Facility, including a Concrete and Asphalt Batch Plant, Materials Blending,
Import of Materials, and Gravel Mining, on approximately 175 acres on the above-described real
property, and the County is currently in the process of amending an Use-by-Special Review filed
by NCCI for the Property (AmUSR-1394), and
WHEREAS, County acknowledges that pursuant to the Water Storage Reservoir Construction
Agreement (hereinafter referred to as "Lease Agreement") executed by Property Owner and NCCI
on May 14, 2008, NCCI shall use the property for the construction and operation of industrial
mmom . facilities related to the core business of NCCI, defined under the Lease Agreement as gravel
8 mining, and develop the mined gravel pit for delivery to Property Owner for use as lined water
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CC storage, and
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Z.32 WHEREAS, Property Owner acknowledges that while NCCI may be primarily responsible for
o- g complying with the terms and conditions of this Agreement and the conditions of USR-1394 and
- cAmUSR-1394, in the event of non-compliance by NCCI, the property may become subject to
g various judicial restrictions and possible liens, and
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• t5 WHEREAS, the Property Owner and NCCI acknowledge that the issuance of AmUSR-1394 is
o conditional upon NCCI's performance of the on-site and off-site improvements which are described
iwirmd in this Agreement and depicted in a set of plans provided by NCCI (hereinafter referred to as
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o O "Plans"), a copy of which is attached to this Agreement and made a part hereof, and
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WHEREAS, Property Owner and NCCI acknowledge that while NCCI may engage in the activity
related to the businesses described above prior to the initiation and/or completion of said
improvements, County may revoke the permit(s) if the improvements are not completed as
described in this Agreement, and
WHEREAS, the parties agree that NCCI shall be primarily responsible for the completion of the
on-site improvements as set forth on the accepted Construction Plans and AmUSR-1394 Plat Map,
(with Property Owner being responsible for said improvements only in the event of NCCI's failure
to complete the improvements), and that NCCI shall post collateral for only the on-site landscaping
improvements upon its execution of this Agreement, and
WHEREAS, the parties agree that neither Property Owner nor NCCI shall be required to
commence work on any on-site improvements, other than landscaping, or any of the off-site
improvements, nor to provide collateral for said improvements until NCCI submits and receives
approval for an application for grading permit 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 25: In the event NCCI determines that a concrete and/or asphalt
batch plant shall be constructed, NCCI shall be responsible for the construction of certain on-site
and off-site safety improvements, which shall include: construction of adequate asphalt or concrete
paved turning radii (60) feet at the main entrance onto WCR 25, drainage and signage installations,
as indicated on the approved construction Plans. The main entrance improvements will include
asphalt or concrete paving to the scale house and loading dock, in accordance with the requirements
of the Department of Public Works.
2.0 Road Improvements Responsibilities: NCCI shall be responsible for all designated
; improvements, as specified above in Section A.1.0, on WCR 25, and for any other construction
c improvements mandated by the County, and for all expenses associated therewith. These
Nom' d responsibilities may include, but are not limited to the following: design, surveys, utility locates;
o ces present and future right-of-way clearances and permits; coordination with oil and gas operators and
MMM facilities, affected railroad facilities and affected irrigation facilities; traffic control; and project
safety during construction. NCCI shall obey all applicable regulations issued by the Occupational
=8 d Safety and Health Administration (hereinafter "OSHA"), Colorado Department of Public Health
MT?, and Environment, (hereinafter "CDPHE") and other regulatory agencies.
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N 3.0 Engineering Design and Construction Plans: All engineering designs and
=,o construction plans provided by NCCI shall include, at a minimum, ingress/egress entrance
fro intersection layouts, elevations, existing and proposed grading, drainage designs, storm drainage
=o o pipe sizings and inverts, a cross section of the base/asphalt, approach roads, and adequate turning
—N o radii, and pavement markings. In addition a geotechnical asphalt pavement design to accommodate
Imo heavy truck traffic, prepared by a Professional Engineer licensed to practice in Colorado, is
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required for WCR 25. These plans, when reviewed and accepted by the Weld County Engineer,
which shall be 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 at 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, NCCI 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 Off-Site Dust Control and/or Paving (If Applicable): County will determine the
proportionate share of dust control and/or paving costs to be paid by NCCI based upon then current
truck trip counts that identify traffic loading due to NCCI-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. In order to accurately determine percentage of NCCI
haul truck traffic, the County reserves the right to install traffic counters on the driveway(s) of their
facility. The percentage of haul truck traffic utilizing County roads in the vicinity of the site
attributable to NCCI (or their contractors, clients, tenants, or customers) activities will be
determined by traffic counts conducted by the County on the primary and requested alternate or
revised haul routes. The County will have sole responsibility for determination of the percentage of
truck traffic on all affected roads.
7.0 Future Improvements: Future improvements to the haul route(s) designated in this
Agreement may be required by County for reasons related to: changes in site activity or truck
- o circulation patterns and numbers, roadway classification changes, and newly permitted facilities
affecting the haul route traffic usage. NCCI shall address all Colorado Department of
�0 Transportation (CDOT) access issues associated with afore-mentioned haul route. Future CDOT or
County mandated measures may include improvements to the following intersections: WCR 18 and
_ US Highway 85, WCR 18 and WCR 25, WCR 18 and WCR 23, and WCR 25 and WCR 20.5.
a 3 m NCCI shall pay a proportionate cost share based on the number of truck trips using then current
I:C1 o 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.
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•T o 8.0 Timing of Improvements: NCCI shall not be required to complete the
Coo aforementioned offsite improvements until the occurrence of the triggering event for each
—moo improvement, namely requirements of the County pursuant to Paragraphs A.6.0 and A.7.0 above,
=°,2 Z1 the application for the grading permit or Right-Of-Way access permit resulting from the
o ac commencement of activities on the property(s). At that time, NCCI agrees that the required
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g N collateral will be posted and all on-site and offsite improvements shall commence and shall be
o completed within the parameters established in Section E.-7.2 and Exhibit"B-2", herein.
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9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site
improvements, NCCI shall contact a representative of the Weld County Department of Public
Works and request an inspection of the off-site improvements described in paragraph A.1.0 and
A.2.0 above. The County's representatives may then initiate the acceptance process set forth in
Paragraphs E.6.0, sections 6.1-6.3.
9.1 All references in this Agreement to "Acceptance of Improvements" shall
refer to the County confirming completion of said improvement(s) according
to the accepted construction plans. By accepting any improvement, the
County does not thereby accept said improvement for purposes of future
maintenance, nor does the County accept any present or future
responsibilities or obligations relative to these improvements.
B. Haul Routes:
1.0 Established Haul Routes:
1.1 The main eastbound route is defined as follows: out of the NCCI Pit #1
operation main entrance, south on WCR 25 to WCR 18, thence east to U.S.
Highway 85.
1.2 The limited use westbound route is defined as follows: out of the NCCI Pit
_ #1 operation main entrance, south on WCR 25 to WCR 18, thence west to
a d WCR 23 (only temporary local deliveries).
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o 1.3 In unusual or rare occasions, if particular projects mandate deviation from the
_a(-'.= above-mentioned haul route for a limited period of time (which is defined in
°; this Agreement as a period of not more than thirty days), which shall be
a o 2 established by County at the time that the deviation is allowed. If County
mmo a `o approves such deviation, trucks will utilize paved county roads whenever
- possible. A deviation from the established Haul route lasting more than thirty
—R d (30) days or requests for two or more deviations within a twelve month period
ti shall be subject to the terms of Paragraph 4.0 of this Section B. In the event
a=o that haul truck traffic, in excess of 15% of the daily facility truck trips, utilizes
al o o alternate haul routes, the provisions of Paragraph 4.0 of this Section B shall
—_o be triggered. No haul truck may exceed CDOT required specifications for
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o n 2.0 Haul Route Signage: NCCI shall install haul route signs at all exit points of the
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Property which can be clearly seen by drivers leaving the facility and which clearly depict County
-M CDs 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.
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4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by
Property Owner or NCCI to approve the use of an additional access, new haul route, or an
alternative haul route as a result of a change in NCCI 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, NCCI agrees that dust control or paving measures to protect the
public health, safety, and welfare shall be instituted. County will determine the proportionate share
of dust control and/or paving costs to be paid by NCCI based upon then current truck trip counts
that identify traffic loading due to NCCI-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: NCCI 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 NCCI's site activities
and/or should NCCI's truck circulation patterns change in the future so that County approves an
alternate haul route, and all or a significant portion of NCCI's sourced traffic no longer utilizes the
above-described haul route and instead utilizes other portions of County roads, NCCI 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 may require a written amendment to
this Agreement executed by County, NCCI and Property Owner. All repairs shall commence within
thirty (30) days of receipt of Weld County's written notice.
2.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of NCCI, and all other Property Owners and/or Lessees who are required by County to
participate in road improvement/maintenance agreements. As a result of the annual inspection,
County, in its sole discretion, shall determine actual conditions and shall further determine what
road improvement/maintenance work is to be performed during that construction season.
3.0 Future Road Replacement: At any time in the future, if, in the opinion of County,
• E road damage increases beyond the point that repair of damage cannot maintain the road in a safe
c== and usable condition, NCCI shall pay a proportionate cost of a complete restoration based on the
=o number of then current truck trips on the haul route.
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Z•2 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners and/or
im$ 2 Lessees: It is anticipated that NCCI and other Property Owners and/or Lessees subject to
agreements similar to this Agreement will perform the required road maintenance work and will
share in expenses related to the equipment, labor, and materials required. Any such sharing
'at.)t.).) arrangement between NCCI, and other Property Owners and/or Lessees shall be conducted
—"'•0pursuant to separate agreements between NCCI and other Property Owners and/or Lessees. County
o approval of said Agreements shall be required only to determine whether the required
o o improvements/maintenance projects have been adequately addressed. County alone shall determine
o the sufficiency of all road improvement/maintenance projects when completed.
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5.0 Violation of Terms of Agreement: If NCCI does not perform as outlined in this
Agreement and Exhibits "A-1" "A-2", "B-1" and "B-2" such non-performance shall constitute a
violation of any and all land use permits granted by County to Property Owner and/or to NCCI for
the property described herein, and County will take whatever remedial measures it deems necessary
first against NCCI. If NCCI continues to fail to fulfill its obligation(s), County may then 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 AmUSR-1394 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: NCCI shall landscape and/or maintain the
screening/fencing, landscaping and re-seeding of the property where applicable as shown on the
accepted Construction Plans and AmUSR-1394 Plat Map. Specifically, NCCI shall at its own
expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re-seeding
where applicable as shown on the accepted Construction Plans and AmUSR-1394 Plat Map.
Additionally, NCCI shall install and maintain fencing to screen the property where applicable as
indicated on the accepted Construction Plans and AmUSR-1394 Plat Map. Some of these
improvements may include work extending into State or County Right-Of-Way in which case a
Right-Of-Way permit is required.
2.0 On-Site Grading, Drainage Facilities and Paving: NCCI shall, at its own expense,
grade and/or pave specified roadways, accesses and parking areas, and install accepted drainage
facilities, adjacent to or within the interior portion of the property in accordance with the directives
of the Weld County Department of Public Works and Department of Planning Services, as further
described in the accepted Construction Plans and AmUSR-1394 Plat Map. Any other on-site
improvements shall be completed as indicated on the accepted Construction Plans and AmUSR-
1394 Plat Map for this facility. NCCI shall be responsible for all maintenance of said
improvements. Refer to Section A., paragraph 1.0 of this agreement for specific paving
_ requirements extending into the facility site from WCR 25. Additional infrastructure improvements
8 will be addressed at the time of application for any future amended USR. Some of these
- cc improvements may include work extending into State or County Right-Of-Way in which case a
MIS CI Y Right-Of-Way permit is required.
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- o 0 3.0 Timing of Improvements: NCCI shall be required to complete the landscaping and
Ma E screening requirements upon completion of the reclamation process and/or at the time each of the
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NCCI agrees that all other on-site improvements, as indicated in Section D. 2.0 above shall be
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�,7 v5 completed within the parameters established in Section E. 7.2 and Exhibit B-2.
- 0 4.0 Acceptance of On-Site Improvements: Upon completion of the on-site
NC improvements, NCCI shall contact the Weld County Department of Planning Services and the
=-w o Weld County Department of Public Works and request an inspection of the on-site improvements
odescribed in Paragraph D.1.0 and D.2.0 above. The County's representatives may then initiate the
• acceptance process set forth in Paragraphs E.6.0, sections 6.1-6.3.
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E. General Requirements:
1.0 Engineering Services: NCCI shall furnish, at its own expense, all engineering
services in connection with the design and construction of the improvements identified on the
accepted Construction Plans according to the construction schedule set forth in Exhibits "B-1 and
B-2," which are (or shall be) 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 NCCI 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, NCCI shall acquire, at the
sole expense of NCCI, 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.
mom p— 3.0 Construction: NCCI shall furnish and install, at its own expense, the improvements
- CC identified on the accepted Construction Plans and AmUSR-1394 Plat Map, costs listed on Exhibit
y "A-1" and "A-2", and described in parts A and D of this agreement, which are attached hereto
-i d and/or incorporated herein by reference, with the improvements interior to the Property being
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— o e completed by the dates set forth on Exhibits "B-1" and "B-2"(On-site). Any improvements to
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Mar E public rights-of-way or easements which may become required shall be completed also in
=3 accordance with a schedule which shall be set forth in Exhibit "B-3" (Off-site). The Board of
County Commissioners, at its option, may grant an extension of the time of completion stated
a
rn herein upon application by NCCI.
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.
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3.2 NCCI shall employ, at its own expense, a qualified testing company
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mim• ,.- previously approved by the County to perform all testing of materials or
=N`� construction; and shall furnish copies of test results to the County.
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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
NCCI's expense. Any material or work not conforming to the approved plans
and specifications, to include but not limited to damages to property adjacent
to the construction plan area shall be repaired, removed or replaced to the
satisfaction of the County at the expense of NCCI.
3.4 Said USR improvements shall be completed, according to the terms of this
Agreement, within the construction schedule appearing in Exhibits "B-1"
and "B-2." The Board of County Commissioners, at its option, may grant an
extension of the time of completion of items shown on the accepted
Construction Plans and AmUSR-1394 Plat Map with associated costs shown
on Exhibits "A-1" and "A-2" upon application of NCCI subject to the terms
of Section 6 herein.
4.0 Release of Liability: NCCI 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. If NCCI fails to indemnify the
County as set forth in the preceding sentence, Property Owner shall so indemnify the County to the
extent permitted by law. 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 On-Site and Off-Site Improvements: NCCI shall warranty all
d improvements to public rights-of-way, including all privately created and maintained roads or
mim
o rights-of-way, or easements, and all on-site improvements for a period of two (2) years. The
teg warranty period shall begin only after the County's execution of a written acceptance of the
o ces improvement(s).
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6.0 Acceptance of Improvements by the County: Upon compliance with the following
d procedures by NCCI and/or Property Owner, the improvements shall be deemed accepted by the
l-a County.
¢�ti 6.1 If requested by NCCI and/or Property Owner and approved by the County,
portions of the improvements may be placed in service when completed
a. o according to the schedule shown on Exhibits "B-1" and B-2," but such use
o o and operation shall not constitute an acceptance of said portions.
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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 Exhibits "B-1" and "B-2," 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 NCCI.
6.3a. Upon completion of the construction of the required off-site improvements,
and the filing of a Statement of Substantial Compliance by NCCI's engineer,
NCCI may, as set forth in Paragraph A.9.0, request in writing that the
County inspect the improvements and recommend to the Board of County
Commissioners that the improvements be accepted and further that the two-
year warranty period begin. Upon completion of the two-year warranty
period, the County Engineer shall, upon request by the applicant, inspect the
subject improvements, and notify NCCI of any deficiencies. If any
deficiencies are discovered, NCCI shall correct the deficiencies. The County
Engineer shall re-inspect the improvements after notification from NCCI that
said deficiencies have been corrected. If the County Engineer finds that the
improvements are constructed according to County standards, he or she shall
recommend full acceptance. 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 may fully accept said
improvements.
6.3b. Upon completion of the construction of the required on-site improvements,
and the filing of a Statement of Substantial Compliance, when necessary, by
NCCI's engineer, NCCI may, as set forth in Paragraph D.4.0, request in
writing that the County inspect the improvements and recommend to the
Board of County Commissioners that the improvements be accepted and
further that the two-year warranty period begin. Upon completion of the two-
year warranty period, the County Engineer and/or the Weld County
Department of Planning Services shall, upon request of NCCI, inspect the
csubject improvements, and notify NCCI of any deficiencies. If any
1,2
deficiencies are discovered, NCCI shall correct the deficiencies. The County
Engineer and/or the Department of Planning Services shall re-inspect the
,el
improvements after notification from NCCI that said deficiencies have been
- v corrected. If the County Engineer and/or Department of Planning Services
o 0 find that the improvements are constructed according to County standards,
` he or she shall recommend full acceptance. Upon a receipt of a positive
=3 unqualified written recommendation from the County Engineer and/or the
- d Department of Planning Services for acceptance of improvements within the
„ USR, the Board of County Commissioners may fully accept said
- •o improvements.
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—$0 7.0 General Requirements for Collateral:
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7.1 County requires NCCI to provide collateral to guaranty all of NCCI's and /or
Property Owner's obligations under this Agreement: (1) Project Collateral
for completion of all improvements described in this Agreement shall be
provided separately for on-site improvements and off-site improvements; (2)
Warranty Collateral required for all improvements during the warranty
phase; and (3) Road Maintenance Collateral (If Applicable) to be kept in
place for the life of the permit.
7.2 Project Collateral, initially for on-site landscaping improvements, submitted
to Weld County to guarantee completion of the improvements identified on
the accepted Construction Plans and AmUSR-1394 Plat Map and further
enumerated in the costs listed in Exhibit "A-I," must be equivalent to One
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Collateral for off-site improvements (if any), mentioned in
Section A.1.0 of this Agreement that include only improvements involving
turning radii and approaches can be included as part of any future on-site
collateral amount, if clearly delineated on accepted Construction Plans and
AmUSR-1394 Plat Map and differentiated on Exhibit "A-2" On-Site
Improvements of this Agreement. Such collateral shall be provided to the
County on the dates set forth herein and shall be held in total until all
improvements have been completed. The collateral for landscaping must be
submitted to County upon the execution of this Agreement.. Additional
collateral for all other future On-Site Improvements related to possible
permit related activities (e.g., construction of concrete batch plant, etc.,) shall
be provided upon submission of NCCI's application for a grading and/or
right-of way permit.
7.3 Warranty Collateral for any non-landscaping on-site improvements and any
off-site 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).
.
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7.4 Road maintenance (If Applicable) collateral shall be submitted to County
4e upon the release of the warranty collateral by the Board of County
0
a" a- Commissioners. The amount of the collateral required for road maintenance
shall be established by the Weld County Department of Public Works based
a 0, d 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
y collected by County, NCCI shall replace the amount within six (6) months.
mm
r o 7.5 Road maintenance (If Applicable) collateral shall be adjusted annually,
o o during the month of January, for inflation. The first adjustment shall be made
o no less than twelve months after, and in no event later than twenty-four
co o months from, the execution of this Agreement. The adjustment shall be equal
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to the inflation rate based on the "Colorado Construction Cost Index Report"
as published by the Colorado Department of Transportation.
7.6 Acceptable collateral shall be submitted for on-site improvements required in
D.1.0 upon execution of this Agreement and prior to commencement of Site
Preparation, as herein defined, for all other improvements. No grading or
building permits shall be issued for any site related activities on the property
and no Site Preparation shall commence until cost estimates for the
improvements are updated and collateral is provided in the amount of One
Hundred Percent (100%) of the value of the improvements to be completed,
and the Development Plans are revised to comply with all current County
standards, policies and regulations. The improvements shall be completed
within the time schedules set forth in "Exhibits B-1" and "B-2", which are
attached hereto and made a part of this Agreement. If improvements are not
completed within these time frames, the County, at its discretion, may make
demand on all or a portion of the collateral and take steps to see that the
improvements are made. "Site Preparation" shall mean earthwork grading or
performance of work, or construction or installation of improvements related
to NCCI's planned operations pursuant to AmUSR-1394 that require a
grading or building permit from the County pursuant to the Weld County
Code.
7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an
amount equivalent to One Hundred Percent (100%) of the total value of the
improvements set forth in the Improvements Agreement; the LOC shall be
subject to the requirements of Weld County Code Section 2-3-30 B. NCCI
shall utilize the following 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.
7.8 Collateral may be in the form of a surety bond given by a corporate surety
authorized to do business in the State of Colorado in an amount equivalent to
One Hundred Percent (100%) of the value of the improvements set forth in
-ooa the Improvements Agreement. The surety bond shall conform to and be
subject to the requirements of Weld County Code Section 2-3-30 B.NCCI
shall utilize only a County approved form when obtaining a surety bond
- 0g (PERFORMANCE BOND FOR BOARD OF COUNTY
-s2 COMMISSIONERS OF WELD COUNTY, COLORADO) . A copy of said
3 form shall be provided to Applicant upon request
—-' 0 7.9 Collateral may be in the form of a cash deposit made with the Board in an
o amount equivalent to One Hundred Percent (100%) of the value of the
o improvements set forth in the Improvements Agreement.
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c-23 cc reject collateral which is deemed inappropriate or insufficient, which may
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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 NCCI 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 NCCI within sixty (60) days of the Board's notice to NCCI
that the rating has fallen and that the collateral must be replaced. NCCI may
not terminate existing collateral until replacement collateral has been
secured.
8.0 Request for Release of Collateral: Collateral shall be released in accordance with the
provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire
project or for a portion of the project by Weld County, NCCI 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.
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
o County Engineer.
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,ts 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.
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o 8.5 If required for this project, a letter must be submitted from the appropriate
Fire Authority indicating the fire hydrants are in place in accordance with the
� approved plans. The letter shall indicate if the fire hydrants are operational
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and state the results of fire flow tests.
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o o final Construction Plans.
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8.7 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the Weld
County Department of Planning Services and the Weld County Department
of Public Works, NCCI and/or the Property Owner, (if Property Owner has
supplied any or all of the collateral) may request release of the collateral for
the project or portion of the project by the Board. This action will be taken at
a regularly scheduled public meeting of the Board.
8.8 For all off-site and on-site improvements (including improvements to public
rights-of-way or easements), the request for release of "Project Collateral"
shall be accompanied by "Warranty Collateral" in the amount of fifteen
percent (15%) of the value of the improvements as shown in this Agreement.
However, collateral for improvements fully accepted for maintenance by a
responsible governmental entity, special district or utility company will be
fully refunded to NCCI.
8.9 "Road Maintenance Collateral" (If Applicable) shall be maintained as long
as the USR is active. It shall be adjusted annually by the inflation rate based
on the "Colorado Construction Cost Index Report" as published by the
Colorado Department of Transportation. Road Maintenance Collateral shall
be adjusted annually, during the month of January, for inflation. The First
adjustment shall be made no less than twelve months after, and in no event
later than twenty-four months from the execution of this Agreement.
8.10 The parties agree that the collateral provided for the On-Site Improvements
related to landscaping shall be held by County until the State of Colorado
approves the reclamation of the property and releases the bond which it holds
from NCCI.
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
12 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
e„y improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the
-of_ Property or business operation conducted thereon, provided further that County's consent to such
i does not relieve NCCI or the City of Thornton of any obligations under this Agreement.
UNotwithstanding 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 NCCI or Property
Owner (or either of their assigns, delegates or successors in interest) to another governmental entity
- N 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,
o successors and assigns of NCCI and the Property Owner, and upon recording by the County, shall
o c 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, NCCI and/or Property
Owner has violated any of the terms of this Agreement, County shall notify NCCI and/or 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. NCCI and/or Property Owner
shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If,
after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of
the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the
subject matter of this Agreement. Violations of the terms of this Agreement include violations of
the agreements contemplated by Paragraphs C. 4.0 and C. 5.0 of this Agreement, and a failure to
enter into such Agreements in a timely manner.
12.0 Priority of Interpretation: The provisions of this Agreement shall govern the
relationship between County, NCCI and Property Owner. Should conflict in any of the provisions
of this Agreement and the LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENTS FOR COUNTY ROADS 18 AND 25 (ZADEL) executed 03/21/2005 between
County and NCCI pursuant to USR 1394 be identified, the provisions of this Agreement shall
prevail.
F. Termination of Agreement:
1.0 Termination Event: This Agreement shall terminate upon the earliest of the
following events:
1.1 Cessation of all Permit Related Activities. Termination of this Agreement
shall occur upon Operator's complete cessation of all activities permitted under AmUSR-
1394 or any amendments thereto. A partial cessation of activities shall not constitute a
Termination of this Agreement, nor shall County's issuance of a partial release constitute a
Termination. Operator shall provide written notice to Property Owner and County of said
cessation of activity, which County shall then verify. If written notice is not provided to
County, Termination of this Agreement hall not occur until County has determined that the
Use by Special Review is inactive, which shall be three (3) years following County's
—
swimca s observance of the cessation of activities, as provided in Sec. 23-2-200.E of the Weld County
- d
Code.
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1.2 Execution of Replacement "Improvements Agreement According to Policy
is
=- 61 Regarding Collateral for Improvements — AmUSR-1394 by New Property Owner. This
Agreement shall terminate following County's execution of a new Improvements
`" Agreement According to Policy Regarding Collateral for Improvements — AmUSR-1394
. with a new property owner who has purchased the Property, and intends to make use of the
c rights and privileges available to it through the then existing AmUSR.
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o Regarding Collateral for Improvements — AmUSR-1394 by New Operator. This Agreement
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shall terminate following County's execution of a new Improvements Agreement According
to Policy Regarding Collateral for Improvements — AmUSR-1394 with a new operator who
has assumed the operation of the business on the Property which business activities are
permitted by the then existing AmUSR.
2.0 Termination Procedures.
2.1. Termination Procedures Following Cessation of Permit Related Activities.
Following the events outlined in paragraph 1.1 above, County shall conduct its annual road
inspection. Said road inspection shall be conducted on or before May 31 following the
announcement or determination of the cessation of permit related activities on the Property.
The results of the inspection shall be delivered in writing to the Property Owner and
Operator. If the County determines that pursuant to the terms of this Agreement, the
Operator must complete any of the improvements and/or road maintenance obligations
outlined herein, said obligations must be completed within a reasonable period of time
thereafter, but in no event later than six (6) months following the determination that permit
related activities have ceased. Collateral shall not be released by County until such time as
county determines that all of the improvements have been completed.
2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property
or Transfer of Operations. If the Property Owner or Operator desires to assign its rights and
obligations under this Agreement to a successor Property Owner or Operator, the Property
Owner or Operator shall, prior to the transfer, provide County with a written Notice to
Transfer, stating the date of transfer, and identifying the party to whom the transfer shall be
made. Following receipt of the Notice to Transfer, County shall inspect the improvements
required under the terms of this Agreement to determine whether the improvements have
been completed. If the improvements have not been completed, the Property Owner and/or
Operator shall either complete the improvements or post collateral equal to the cost of the
completion of the improvements, if such collateral is not in place. If collateral is available at
the time, County shall hold a hearing to determine whether the collateral should be called
upon to pay County or a contractor of the County to complete the improvements. County
shall also inspect the road(s) which are covered by this Agreement to assess the current um—aD
o condition of the road(s) and determine whether Operator and/or Property Owner would be
required to perform road maintenance within the following twelve months had the
cc
tits Agreement not been assigned. If road maintenance is, in the opinion of County, required,
e
Property Owner and/or Operator shall be required to either perform the road maintenance or
to post collateral equal to the cost of said maintenance. County shall not execute a new
�3 f, Improvements Agreement According to Policy Regarding Collateral for Improvements —
a g AmUSR-1394 with a successor Property Owner and/or Operator prior to the performance of
m3 the road maintenance or the posting of collateral for said maintenance, unless the new
cc ti Property Owner and/or Operator posts collateral for the required maintenance.
r 3.0 Consequence of Termination by Cessation of Permit Related Activities. Following
w oe County's confirmation that Property Owner and/or Operator has/have ceased all permit related
N activities and has/have completed previously uncompleted Improvements and or completed any
o
=�o required road maintenance, County shall release Property Owner and/or Operator from all further
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obligations under this Agreement. No Further permit related activities shall be permitted unless and
until approved by County following execution of a new Improvements Agreement According to
Policy Regarding Collateral for Improvements — AmUSR-1394 with a Property Owner and
Operator.
4.0 Consequence of Termination by Execution of Replacement Improvements
Agreement. Following County's execution of an Improvements Agreement According to Policy
Regarding Collateral for Improvements — AmUSR-1394 with a successor Property Owner and/or
Operator, the predecessor Property Owner and/or Operator shall have no further rights and/or
obligations under this Agreement or in AmUSR-1394.
5.0 Consequence of Termination Pursuant to Paragraph E.11.0. In the event that
activities related to AmUSR-1394 cease as a result of the revocation of the permit as described in
Paragraph E.11.0 of this Agreement, neither Property Owner nor Operator will be released from
any of the obligations imposed by the terms of this Agreement.
G. Governmental Immunity. No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or
other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable
now or hereafter amended.
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r °C H. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
co enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
imm z•r, enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this
o c°,
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
Warm Emoc" o not included in this Agreement. It is the express intention of the undersigned parties that any person
Eia d� or entity, other than the undersigned parties, receiving services or benefits under this Agreement
�' d shall be an incidental beneficiary only.
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a r-o IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
ao c on the day and year first above written.
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o,o PROPERTY OWNER:
m cc CITY OF THORNTON,
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O r— a Colorado 'r ipal corpo • ion
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1 1111) By:
/7 1 ��� Jack thre., e, City Manager
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APPROVED AS TO FORM:
Margaret Emerich, City Attorney
Assistant City Attorney
\`\\\� *NNS..I..r4Oh�•�'''
LESSEE:
a -... s Northern Colorado Constructors, Inc. (NCCI)
u, ONRY '
\1 ,.. By:
' gTEIOFIG�`\``�. rr
5pL,,, el. ? 42APres:clewr
commission Print Name and Title
S 1 day
of tJ,py , 2010.
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ATTEST: • BOARD OF COUNTY COMMISSIONERS
s co
d WELD COUNTY, COLORADO
��y ,I3 Ste`
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- o Weld County Clerk to the oa . • ' Douglas ademacher, Chair
��imen N Y
ce B : I�. i ;� � ®{ �� MAY 262010
=�;.r leputy CI• to the Board
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TORM: _
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ynty Attorney
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EXHIBIT A-1 Cost'Sheet (ON-SITE) "Landscaping"
Name of Subdivision,PUD,USR,RE,SPR: A/1 G C.= Pd* 1:1- f Filing/Case#:401,1451i-LTV;Location: 7.147 &lC R Z
Personnel Contact:Name C/1.t4Q Zaaiel Title Tit/*t.a A PhontjOt-3157- 734.
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements (ON-SITE)
(Leave spaces blank where they do not apply)
Ouantitv Units Unit Costs($1 Estimated Construction
Cost(S)
Site Grading
Street Grading
Street Base
Street Paving
Entrance Improvements(Per Sec. E.-7.2)
Curbs,Gutters,and Culverts
Sidewalk
Water Quality Capture Feature
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Erosion Control Measures/BMP's
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area
Street Lighting
Street Names
Signage&Pavement Marking
Fencing Requirements
Landscaping Trees 75 [ . S. /I/ ?' $ 00
Park Improvements
Telephone
Gas
Electric
Septic System
Sewer Tap
Water Tap
Water Well
SUB-TOTAL: p
Engineering and Supervision Costs$ i1?$.m&
(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 $ /9/102 ee
1 111111 11111 111111 111111 II11 IIII 1111111 III 1111111 11 1111
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EXHIBIT;A 1 Cost Sheet (ON-SITE) � Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
By: l-k
Applicant
Trez, wc- Date iv\cc\ ,20 '°
C
Title
By: M. 7,4i)
Ap licant
I�Ie_SIGL1 Date LA c../ to ,20 ( O
Title
(If corporation, to be signed by President and attested to by Secretary,together with corporate seal.)
%%%%%% uiunnH,.kg 15)
__p O -._. 4
A� t4 %
\\ \\\111141��������lilt III 1111111!&'e!er 11:54R Weld County,
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M:WGREEMENTS\Exhibits\Exh A-1 on-site- Landscaping.xlsx
EXHIBIT AA-2 Cost Sheet (ON-SITE),/ I "Future Improvements"
Name of Subdivision,PUD,USR,RE,/SPR: /✓Cr T p t1 NO / Filing/Case#: 7f/I{K�d(L 09 cation: T02 -�fWk
25
Personnel Contact: Name GL up Zai/ Title 7214,41/444 Phone Sag-$Sr /-%
Intending to be legally bound,the undersi med Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements (ON-SITE)
(Leave spaces blank where they do not apply)
Ouantity Units Unit Costs($) Estimated Construction
Cost re,
Site Grading 315.5-co
Street Grading /.5#8, co 4)134 02,5-tv
- Art I.- S,acQ-8p)
Street Base r,r saw r•-yte $/SD cav, ACV.90
Street Paving 4fl 1090 a,rve 5,5760 903s'a'. ego
Entrance Improvements(Per Sec. E.-7.2)
Curbs,Gutters,and Culverts
� p� n
Sidewalk cfruO.fl&1 lo j,�.�Q�YG 450, ,Q ivy �Lo(.g.
Water Quality Capture Featu e
Retention/Detention Ponds
Road Culvert 3 o I-n f 2.5 • /2� p?
Grass Lined Swale t ,� -5, 4 OA7.go
Ditch Improvements
Erosion Control Measures/BMP's L• 5 S . A. . S • !/.<50-p
Fire Hydrants
Survey,Street Monuments/Boxes / 4. 5 2 . S,
Parking Area
Street Lighting
Street Names
Signage&Pavement Marking 2 .S . ry� A0
Fencing Requirements i
Landscaping
Park Improvements
Telephone
Gas
Electric
Septic System
Sewer Tap
Water Tap
Water Well
SUB-TOTAL: !.0 rgr
�j 7�
Engineering and Supervision Costs$ ��®} 49°.. ---
(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 $ �e//3.4.5:
4247
1 111111 11111 111111 111111 1111 III' 1111111 III 1111111 11 1111
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!X1i.EB.IT A 2 Cast Sheet ttii SITE) S><gnat�tre gage
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
By:
Applicant
- Date Hop 2-0 ,20 /0
Title
By: A. fctE
App icant
Pots: ci,e, "1 Date Ate/ 2n , 20 1 O
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
c 1.. l
ob ,
"-:d J,Lr" c c
"
/t' 3
.i
111111%HI 1111113131llidil III 1111111
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M:\AGREEMENTS\Exhibits\Exh A-2 on-site- Future Improvements.xlsx
EXHIBIT B-1 -Time Schedule "Landscaping" B y j '.1 jr
Name of Subdivision,PM,I1SR,RE,SPR: Kec.d pad-- / Filing/Case thA M{s(=i3/Location: SJ4' WCR"17
Intending to be legally bound,the un
dersigned Applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within is 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-SITE) (OFF-SITE)
Site Grading
Street Grading
Street Base
Street Paving
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main
Erosion Control Measures/BMP's
Laterals(house or building connected)
Water Supply and Storage
Water Mains(includes bore)
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area
Street Lighting
Street Names
Signage&Pavement Marking
Fencing Requirements
Landscaping t r .Q0
I T
Park Improvements �C O
Telephone
Gas
Electric
Water Transfer
Final Completion Date for Entire Proiect Ales D
1 111111 11111111111111111Hill 1111111 111 1111111 II IIII
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EXHIBIT B-1 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: ljATi,-
Applicant
I rm.sn-..— Date 2o ,20 /O
Title
By: ./-/1•
App icant
Pre s.ae"_E Date ,M07 70 ,20 10
Title
(If corporation, to be signed by President and attested to by Secretary,together with corporate seal.)
c: .
4c , .
111111111111111111111111In1111111III1111111111111
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M:WGREEMENTS\Exhibits\Exh B-1 Time Schedule.xlsx
EXHIBIT B-2 Time Schedule "Future Improvements" p
Name of Subdivision,PUD,USR,RE,SPR: ,flee...- pth / Filing/Case#: 4-){'I US IQ l -Lo tion: O e�.¢/ toct Z5
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do not apply)
ION-SELF)Vl/_ _Q 0 / (OFF-SFFE) O
Site Grading el 1/4 v /ez�7 1 I flan ' a" 3 4 d yr
Street Grading Jitteted a04 Aat Maid�'r' t ,+oI
Street Base t,, . D a 0`4 A r,)i_. _p at*
street Paving .2.0/4
0/4 'Cd/f�yP irisei sTwn,r q v'
Curbs,Gutters,an inverts 7 'l*%,II` , effia n °'4
Sidewalk N
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale n_ , p ,�tl I
"'' al94 aye aft"'
US I
Ditch Improvements J�
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main /
Erosion Control Measures/BMP's flL_, _ D „ Q`/ (del
tt o,a l4
Laterals(house or building connected) '/e/vly' 1 OL '4- ..t vg i'f
Water Supply and Storage
Water Mains(includes bore)
Fire Hydrants
Survey,Street Monuments/Boxes of al
d /Z.,.
Parking Area
Street Lighting
Street Names ///��l /
Signage&Pavement Marking ,� // 4..e/it
o11 / �/ _ 2 - o o4 t
ab,
Fencing Requirements fex�l(�t.V ( (�.v// ! /iL/[iW
Landscaping r' - p,•/ter^
Park Improvements
Telephone
Gas
Electric
Water Transfer
Final Completion Date for Entire Protect rs O l 4 leg' z�j/ as
1 HID 11111 111111 111111 IIII Ell 1111111 III 1111111 11 1111 -v
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EXHIBIT B-2 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: eikit,0 JX
Applicant
ree-cx.r Date fit ?o ,20 /o
Title
By: Si_ M jowl/
Applicant
Pte S; city\ Date ,Mci ZO ,20 ID
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
. g�RIICTp
"/. TL
a
o: -j .( :
o: o; ku
L: G
p •. J GG, �C
111111 11111 111111 111111 IIII IIII 1111111 III 1111111 II Ill
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M:\AGREEMENTS\Exhibits\Exh B-2 Time Schedule.xlsx
ESTIMATE
WEST GROVE LANDSCAPING INC.
604 EVITA CT
BERTHOUD, CO 80513
970.532.0121
Bill To
Northern Colorado Constructors, Inc.
9075 WCR 10
Fort Lupton, CO 8-621
Date
5/5/2010
DESCRIPTION QTY UNIT RATE AMOUNT
TREE PLANTING AT NCCI PIT# 1
37 EA 194 7,178.00
AUTUMN PURPLE ASH 2.5" cal 38 EA 125 4,750.00
AUSTRIAN PINE 6' SIZE
Estimate Updated 5/5/2010
Total $11,928.00
449:4t: MEMORANDUM
TO:
DATE: Board o May 24f 2010 County Commissioners
COLORADO
FROM: Michelle Martin 11I
SUBJECT: AmUSR-1394
The Department of Planning Services received a Performance Bond for the Private
Improvements Agreement for AmUSR-1394. AmUSR-1394 was approved by the Board of
County Commissioners on May 14, 2008 for An Amended Site Specific Development Plan and a
Special Review Permit for a Mineral Resource Development facility (including a Concrete and
Asphalt Batch Plant, Materials Blending, Import of Materials and Gravel Mining) in the A
(Agricultural) Zone District. (NCCI Pit#1)
Legal: Lots 3-7, part of Lot 11 and all of Lot 12 in Lupton Meadows Subdivision together
with the former right of way of the Denver Larimer and Northwester railroad all in
Section 24, T2N, R67W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 18 and west of and adjacent to County Road
25
Parcel No.: 131124101008, 131124101009, 131124101010, 131124101004, 131124101011,
131124101012
The collateral for the Improvements Agreement is in the amount of $13,121.00 for the on-site
landscaping improvements.
After review of the collateral by the Weld County Attorney, the Department of Public Works and
Department of Planning Services, it has been determined that the amount of the agreement will
be sufficient to complete the on-site landscaping improvements required for AmUSR-1394.
01 Flood & Peterson Phone: 970.356.0123
Pax 970.336. 123
J Insurance, Inc. G reet
eele y 4687 West 18th t
Colorado
May 13, 2010
Mr. Doug Graff
Northern Colorado Constructors, Inc.
9075 WCR 10
Fort Lupton, CO 80621
RE: Weld County Board of Commissioners
Bond #6619641
Landscaping Bond for NCCI Pit#1
Dear Doug:
Enclosed please find four original Performance bonds for the above-captioned project.
Please note that the bonds and power must be dated the same day that the Improvements
Agreement is signed or later. Since we do not know the agreement date, I have
purposely not dated the Bond or the Power of Attorney form. Please be sure that when
you sign the agreement that you date the Bond and Power of Attorney form the same day
the agreement is signed or later (I have flagged each instance with a yellow flag where
the date needs to be inserted) and notify our office that that date by returning a copy of
the signed Bond and Improvements Agreement to my attention.
Please forward a copy of the signed Agreement and the Bond to my attention for
our files.
Thank you for your help with this.
Siinncerely,
K'Anne E. Vogel
Surety Bond Department
Enclosures
"Building Relationships Since 1939"
PERFORMANCE BOND FOR <__
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
BOND #6619641
KNOW ALL PERSONS BY THESE PRESENTS, that Northern Colorado
Constructors, Inc. , 9075 WCR 10; Fort Lupton, CO 80621, a Corporation,
organized under the laws of the State of Colorado, with its principal
office located at 9075 WCR 10; Fort Lupton, CO 80621, hereinafter
called "Principal" , and First National Insurance Company of America, of
Safeco Plaza, Seattle, WA 98185, hereinafter called "Surety" are held
and firmly bound unto Board of County Commissioners of Weld County,
Colorado, on behalf of Weld County, Colorado, hereinafter called
"Obligee" in the full and penal sum of Thirteen Thousand, One Hundred
Twenty-One Dollars ($13, 121.00) , lawful money of the United States for
the payment of which well and truly made, we bind ourselves, our heirs,
administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the above-bound Principal has obtained or is about to
obtain from the Obligee a land use permit, namely Zadel Family, LLLP,
(Northern Colorado Constructors, Inc. ) - AmUSR-1394 for NCCI Pit #1,
and pursuant to the requirements of said permit, has entered into an
Improvements Agreement, dated May 26. 2010 , with
Obligee, and
WHEREAS, The Improvements Agreement requires Principal to obtain
a performance bond in an amount equal to the total cost of the
improvements for which Principal is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of improvements for which Principal is
responsible equals Thirteen Thousand, One Hundred Twenty-One Dollars,
($13, 121. 00) .
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and faithfully perform its duties, and all
of its undertakings, covenants, terms, and conditions as set forth in
the Improvements Agreement, and if Principal shall satisfy all claims
and demands set forth in said agreement, and shall fully indemnify and
save harmless Obilgee from all costs and damages which it may suffer by
reason of Principal's failure to perform as agreed, and shall reimburse
and repay Obligee all outlay and expense which Obligee may incur in
making good any default, then this obligation shall be null and void;
PROVIDED FURTHER, that if Principal shall default in any of its
obligations set forth in the Improvements Agreement, and thereafter
fail to fully indemnify and save harmless Obilgee from all costs and
damages which it may suffer by reason of said default, this obligation
shall remain in full force and effect;
PROVIDED FURTHER, that Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Improvements Agreement to the work to be performed
thereunder, shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Improvements Agreement.
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew
annually automatically, from the date of this bond until its release by
Obligee, to guarantee that Principal shall well, truly and faithfully
perform its duties, and all of the undertakings, covenants, terms, and
conditions set forth in the Improvements Agreement, and any extensions
thereof which may be granted by Obligee with or without notice to
Surety.
The parties to this Performance Bond acknowledge that through the
Improvements Agreement, Obligee reserved the right to require Principal
to obtain a different Performance Bond from a financial institution
other than Surety in the event that the rating of Surety by AM Best
falls below a B+ rating.
IN WITNESS WHEREOF, this instrument is executed in four (4)
counterparts, each one of which shall be deemed an original, this 26th
day of May , 2010.
NORTHERN COLORADO CONSTRUCTORS, INC.
:tn: ; J .Lk.
n pal S c e y/Witness Title jfc-...
(SEAL)
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
w-1 i �, B . c n)�c . -:Js-� (NM Ka
Witness as to Surety K'Anne E. Vogel, Attorney-in-Fact
P.O. Box 578 Safeco Plaza
Address Address
Greeley, CO 80632 Seattle, WA 98185
Address Address
IMPORTANT: Surety company executing bond must appear on the Treasury
Department's most current list (Circular 570 as amended) and be
authorized to transact business in the State of Colorado.
Bond must be accompanied with Attorney-in Fact's authority from the
surety company certified to include the date of the bond.
POWER
OF ATTORNEY
KNOW,ALL BY THESE PRESENTS: No. 9031
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint
***********WILLIAM C.BENSLER;DIANE CLEMENTSON;KATHERINE E.DILL;DARLENE KRINGS;RUSSELL D.LEAR;
ROYAL R.LOVELL;BRANDI TETLEY;KELLY T.URWILLER;K'ANNE E.VOGEL;JENNIFER WINTER:Greeley,CO******
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST
NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly
elected officers at its home office.
IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 4th day of December 2009
P4* Kral
Dexter R.Legg,Secretary Timothy A.Mikolajewski,Vice President
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant
Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint
individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety
bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or
evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
I, Dexter R.Legg ,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney
issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force
and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 26th day of May , 2010
aomicF co ,(rp�y Rill?
e SEAL
•,r. 1.i1920..,,r,?+r Dexter R.Legg,Secretary
S-1049/DE 3'09 • •
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