HomeMy WebLinkAbout20093536.tifff V5e-'Goo
Chris Gathman
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Chris,
Don Dunker
Monday, June 29, 2009 11:05 AM
Chris Gathman
Donald Carroll; David Bauer; Clay Kimmi; Richard Hastings
USR-1670 detention pond may not work, may need to do retention
Just to recap the meeting we had this morning with Loren Shanks with Drexel Barrel, Tom H.
Attorney, and Don the applicant for Northern Disposal (USR-1670) at CR-31 and 0 St.
The applicant has indicated that Great Western Rail Road will require them to sign an
agreement that says the RR Company without cause with only 30 days notice can eliminate
the pond discharge pipe bored under the RR tracks. Drainage easements and pipes need to
be functional for the duration of the detention pond.
I asked the applicant to see if the RR Company would remove this requirement from the
agreement for the pond discharge pipe, they indicated they would.
Public Works will consider a retention pond at this location provide the RR company will
not remove the clause about the pond discharge pipe from the agreement. The applicant
will need to submit a letter requesting retention to Dave Bauer, P.E. County Engineer.
They will need to provide results of a minimum of two hole peculation tests to Public
Works and the pond must be designed to drain within 72 hours. The retention pond will be
required to be 1.5 time the size of the detention pond for a 24 -hour storm event as per
Weld County code. No credit will be given for the side slopes only the pond bottom
footprint for peculation. They must take into account offsite flows.
Loren indicated that the access into the facility is at the crest of the hill and that no
culvert is required, I told him to look at the possibility that should the retention pond
fill up with storm water the over -flow flows may need to transfer through this pipe to
flow westward. Loren will look into this and include an explanation in the drainage
report.
Let me know if you have any questions or corrections.
Thanks,
Don Dunker, P.E.
Weld County Public Works
1111 H Street
Greeley, CO 80631
phone: 970.304.6496 ext. 3749
fax: 970.304.6497
ddunker@co.weld.co.us
1
3oo9- 3531.E
�L i ' I
LandRail Agreement No. 406444
Revision Date: 1.19.2009
PIPE LINE CROSSING LICENSE
THIS AGREEMENT, hereinafter referred to as "License", effective the last date of:execution set
forth below, between Great Western Railway Company of Colorado, LLC, a Colorado limited liability
company hereinafter referred to as "Licensor", and Northern Colorado Disposal, Inc., a Colorado
corporation hereinafter referred to as "Licensee". Licensor and Licensee may sometimes be referred to
as a "Party" or collectively as the "Parties".
WITNESSETH:
1. Term: This License shall take effect the date as of the last date of execution set forth below, and
unless sooner terminated as herein provided, shall continue in force for so long as such use as herein defined
continues or until either Party shall give the other Party not less than thirty (30) days written notice, with or
without cause and regardless of performance or non-performance of any of the covenants and agreements
contained herein and regardless of any fee having been paid in advance for any period and without regard to
any loss or damage incurred by either Party as a result of such termination or cancellation. The Licensor
will not execute this License until it receives a signed original from Licensee, and in no event is entry under
this License permitted until Licensor has executed it.
2. Location: In consideration of rental, fee or other sums of money hereinafter agreed to be paid by
Licensee to Licensor, and of the covenants and agreements of Licensee as hereinafter set forth, Licensor
hereby grants a license and permission to Licensee to construct, install, use, maintain, repair and operate a
storm water pipe line, as more particularly described in Licensee's application, marked Exhibit "A",
attached hereto and made a part hereof, situated on, across or along Licensor's property at or near Greeley,
county of Weld, and State of Colorado. The term Pipe Line shall be deemed to mean the actual line(s) and
any and all appurtenances and that portion of Licensor's property, in so far as they relate to said Pipe Line.
The location of the Pipe Line is more particularly described on the drawing marked Exhibit "B", attached
hereto and made a part hereof, but generally described as follows:
A 16.438" steel pipe encasing a 12.75" PVC pipe crossing Licensor's
property at an angle of 80, more or less, measured from the centerline of
Licensor's main line track, located 1,465 feet west of Licensor's Mile Post
No. 94, as shown on Exhibit "B" hereto.
3. Rental: (a) Licensee shall pay Licensor the sum of One Thousand, Two Hundred and No/100ths
US Dollars ($1,200.00 US) per annum, payable in advance, without demand, for each and every year, or
fractional part thereof, during the term of this License, or any renewal thereof. Licensee shall pay to
Licensor any and all sales tax, if any and if applicable which may occur as a result of the payment of the
above rental. Licensee shall pay to Licensor an additional sum of money equal to one and one half (1V2%)
percent per month of the total unpaid rental stated above, in the event said rental is not received by Licensor
within thirty (30) days from the date it is due and payable.
(b) In addition to any other considerations herein contained, Licensee agrees to pay to Licensor the
sum of $2,800.00 USD to cover Licensor's costs in preparing this License and permitting the utilization of
Pace 1 of 8
LandRail Agreement No. 406444
Revision Date: 1.19.2009
Licensor's property for the installation of the pipe line described herein.
(c) AU rentals and applicable tax payments associated with this License shall be paid in lawful
money of the United States of America, payable to the LandRail, L.L.C., sent directly to the address listed in
this Section 12(b) contained herein, or other address as designated by Licensor in writing.
(d) The payment by Licensee of any sum(s) in advance shall not create an irrevocable License for
the period for which the same is/are paid. Licensor reserves the right to periodically adjust the rent herein at
any time, by giving notice of such adjustment to Lessee at least thirty (30) days prior to the effective date of
such adjustment. Occupation of the Premises by Licensee after such effective date shall be at such adjusted
rent.
4. Specifications: (a) The Pipe Line shall be constructed, installed, used, maintained, repaired and
operated in strict accordance with any and all current requirements and specifications adopted by the
American Railway Engineering and Maintenance of Way Association, and in compliance with any and all
law, statute, regulation or order of any federal, state or municipal governmental body or any agency thereof
or created thereby. Provided however, that all materials and workmanship employed in the construction,
installation, use, maintenance, repair and operation of the Pipe Line shall be subject to the approval of the
Licensor's Chief Engineer or authorized representative.
(b) A Pipe Line crossing underneath any track(s), shall be encased in a larger pipe for a MINIMUM
of forty-eight (48) feet, twenty-four (24) feet on Licensor's property if less than forty-eight (48) feet.
Crossings of a degree substantially greater or less than ninety (90) degrees, shall be encased in a larger pipe
for the full width of the track structure. The top of the encasement pipe shall be a MINIMUM of five and
one half (5%) feet beneath the base of the rail and four and one half (4'/) feet beneath surface of ground at
all points within Licensor's property.
(c) Any appurtenance to said Pipe Line shall be constructed and maintained to a MINIMUM
clearance of no less than fifteen (15) feet from the centerline of any track(s). The side clearance of fifteen
(15) feet shall be maintained for a height of twenty-seven (27) feet. All Pipe Line(s) shall be constructed, as
nearly as possible, to cross under any track(s) at a right angle to said track(s).
(d) Licensee shall, except in emergencies, give not less than seventy-two (72) hours written notice
to Licensor of the day, hour and location that it proposes to undertake any construction work and in the
event of an emergency shall notify Licensor as soon as possible. After completion of construction of the
Pipe Line, Licensee shall be required to execute Licensor's standard Right of Entry for any maintenance or
repair work on the Pipe Line that requires entry onto Licensor's property or right-of-way.
(e) Licensee shall require each of its contractors and subcontractors to observe and conform to the
conditions and requirements specified herein; and for the purposes of the safety, protective and
indemnification provisions hereof, such contractors and subcontractors, their agents, servants and
employees, and other persons on the Licensor property at the invitation of the Licensee, its contractors or
subcontractors, shall be deemed the agents or employees of the Licensee.
(f) Licensee shall, at no expense to Licensor, obtain all permits and approvals required to exercise
this License and Licensee shall install, maintain and operate its facilities in accordance with all requirements
of lawful public authority. Licensee shall be responsible for any taxes, assessments and charges made
Page 2 of 8
LandRail Agreement No. 406444
Revision Date: 1.19.2009
against the Pipe Line or other of Licensee's facilities on Licensor's property or the operation of any of them.
(g) Licensor shall have the right, but not the duty, to furnish flagging or other protection or to
perform work to support its tracks or otherwise protects its property or facilities at any time, at Licensee's
sole risk and expense.
5. Present Occupants: Licensee shall make appropriate arrangements with any person or entity
occupying Licensor's Property which may be affected by the construction of said Pipe Line. Licensee's
Pipe Line will not unreasonably interfere with the use of Licensor's property, or create any undue hardship
on the person or entity occupying said property.
6. Insurance: Licensee shall purchase and maintain insurance as specified below covering the Pipe
Line, all the work and services to be performed hereunder, and all obligations assumed hereunder from
effective date of License until termination, unless duration is stated to be otherwise, with insurance
companies assigned a current Financial Strength Rating of at least A and Financial Size Category of X or
better by A.M. Best Company:
(a) Workers Compensation and Employers Liability Insurance providing workers
compensation benefits mandated under applicable state law and employers liability insurance subject to a
minimum limit of $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for
bodily injury by disease, and $1,000,000 policy limit for bodily injury by disease. Such policy is to provide
Licensor and its affiliates a minimum of 30 days advance written notice of insurer's intent to cancel or
otherwise terminate policy.
(b) Commercial General Liability Insurance written on an occurrence basis subject to limit of
$1,000,000 each occurrence for bodily injury, property damage, personal injury and advertising injury with
an annual aggregate limit of no less than $2,000,000. Policy coverage is to be based on usual Insurance
Services Office ("ISO") policy forms to include, but not be limited to: Operations and Premises Liability,
Completed Operations and Products Liability, Personal Injury Liability and Contractual Liability Insurance.
Any and all General Liability policies procured by Licensee shall be amended to delete any and all railroad
exclusions including exclusions for working on or within fifty feet (50') of any railroad property, railroad
track, railroad bridge, trestle or tunnel. (Railroad Protective Liability Insurance may be substituted for
Commercial General Liability Insurance as long as the equivalent coverage is provided.)
(c) Business Automobile Liability Insurance subject to a minimum limit of $1,000,000 for
each accident for bodily injury, property damage, personal injury and advertising injury. Policy coverage is
to be at least as broad as primary coverages and include, but not be limited to, Operations and Premises
Liability, Completed Operations and Products Liability, Personal Injury Liability and Contractual Liability
insurance. Completed Operations coverage is to be maintained for a period of not less than two years after
the termination or cancellation of this License.
(d) Umbrella Liability Insurance written on an occurrence basis subject to a limit of
$4,000,000 each occurrence for bodily injury, property damage, personal injury and advertising injury.
Policy coverage is to be at least as broad as primary coverages and include, but not be limited to, Operations
and Premises Liability, Completed Operations and Products Liability, Personal Injury Liability and
Contractual Liability insurance. Completed Operations coverage is to be maintained for a period of not less
than two (2) years after the termination or cancellation of this License.
Page 3 of 8
LandRail Agreement No. 406444
Revision Date: 1.19.2009
All insurance required of Licensee with the exception of Workers Compensation and Employers Liability
shall include Licensor and any subsidiary, parent or affiliate corporations of Licensor and their agents,
representatives, members, managers, directors, officers, shareholders and employees as additional insured
and include wording which states that the insurance shall be primary and not excess over or contributory
with any insurance carried by Licensor and its affiliates.
All insurance shall provide a minimum of thirty (30) days advance written notice of insurer's intent to
cancel or otherwise terminate policy coverage.
Licensee shall file with Licensor and its affiliates on or before the effective date of this License a valid
Certificate of Insurance for all required insurance policies. Each certificate shall identify Licensor, its
affiliates and other parties noted above as additional insureds as required and state that Licensor, its
affiliates and the other added parties will receive a minimum of thirty (30) days advance written notice of
insurer's intent to cancel or otherwise terminate policy coverage. Prior to expiration of such insurance,
Licensee shall supply updated Certificates of Insurance that clearly evidence the continuation of all
coverage in the same manner, limits of protection, and scope of coverage, as was provided by the original
Certificates.
The Licensee hereby waives all rights of subrogation against Licensor and its affiliates for damages to the
extent covered by insurance. All insurance policies of Licensee shall allow that any release from liability of
or waiver of claim for recovery from any other party entered into in writing by Licensee prior to any loss or
damage shall not effect the validity of said policy(ies) or the right of the insured or insureds to recover
thereunder.
In the event that the installation of the Pipe Line, or any part thereof to be located on Licensor's property, is
to be performed by a private contractor or a contractor independent of Licensee, said contractor shall be
required to execute Licensor's standard license for Right of Entry and Use of Premises and provide
evidence of the insurance coverage as specified in said license.
7. Liability: (a) Licensee acknowledges that persons and property on or near the Pipe Line, whether
during construction, installation, use maintenance or relocation are in constant danger of injury, death or
destruction, incident to the operation of the railroad tracks, whether by Licensor or others, and Licensee
accepts this License subject to such dangers.
(B) LICENSEE, AS FURTHER CONSIDERATION AND AS A CONDITION WITHOUT
WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, AGREES TO INDEMNIFY
AND SAVE HARMLESS LICENSOR, ITS OFFICERS, EMPLOYEES AND AGENTS AND TO
ASSUME ALL RISK, RESPONSIBILITY AND LIABILITY FOR DEATH OF, OR INJURY TO,
ANY PERSONS, INCLUDING, BUT NOT LIMITED TO, OFFICERS, EMPLOYEES, AGENTS,
PATRONS AND LICENSEES OF THE PARTIES HERETO, AND FOR LOSS, DAMAGE OR
INJURY TO ANY PROPERTY, INCLUDING BUT NOT LIMITED TO, THAT BELONGING TO
THE PARTIES HERETO (TOGETHER WITH ALL LIABILITY FOR ANY EXPENSE,
ATTORNEYS' FEES AND COSTS INCURRED OR SUSTAINED BY THE LICENSOR,
WHF MLR IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS, ACTIONS AND CAUSES OF
ACTION OR IN THE ENFORCEMENTS OF THE INDEMNIFICATION RIGHTS HEREBY
CONFERRED) ARISING FROM, GROWING OUT OF, OR IN ANY MANNER OR DEGREE
Pane 4 of 8
LandRail Agreement No. 406444
Revision Date: 1.19.1009
DIRECTLY OR INDIRECTLY CAUSED BY, ATTRIBUTABLE TO, OR RESULTING FROM
THE GRANT OF EXERCISE OF THIS LICENSE OR THE CONSTRUCTION, MAINTENANCE,
REPAIR, RENEWAL, ALTERATION, CHANGE, RELOCATION, EXISTENCE, PRESENCE,
USE, OPERATION, OR REMOVAL OF ANY STRUCTURE INCIDENT THERETO, OR FROM
ANY ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA
COVERED BY THE LICENSE REGARDLESS OF THE NEGLIGENCE OF LICENSOR, ITS
OFFICERS, EMPLOYEES AND AGENTS. LICENSEE FURTHER AGREES TO RELEASE AND
INDEMNIFY AND SAVE HARMLESS LICENSOR, ITS OFFICERS, EMPLOYEES, AGENTS,
PATRONS OR INVITEES FROM ALL LIABILITY TO LICENSEE, ITS OFFICERS,
EMPLOYEES, AGENTS OR PATRONS, RESULTING FROM RAILROAD OPERATIONS AT
OR NEAR THE AREA IN WHICH THE LICENSE IS TO BE GRANTED WHETHER OR NOT
THE DEATH, INJURY OR DAMAGE RESULTING THEREFROM MAY BE DUE TO 1'HE
NEGLIGENCE OF THE LICENSOR, ITS OFFICERS, EMPLOYEES OR AGENTS OR
O1'HLRWISE. AT .THE ELECTION OF LICENSOR, LICENSEE, UPON RECEIPT OF NOTICE
TO THAT EFFECT, SHALL ASSUME OR JOIN IN THE DEFENSE OF ANY CLAIM BASED
UPON ALLEGATIONS PURPORTING TO BRING SAID CLAIM WITHIN THE COVERAGE OF
THIS SECTION.
(C) THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR DAMAGE TO
PROPERTY HEREIN ASSUMED BY LICENSEE, SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO, LOSS OR DAMAGE TO PROPERTY OF EITHER OF THE PARTIES HERETO,
AND INJURY TO CONTRACTORS, EMPLOYEES, OR INVITEES OF EITHER OF 1HL
PARTIES HERETO, AND WHETHER OR NOT SUCH INJURY TO OR DEATH OF PERSONS
SHALL ARISE UNDER ANY WORKMEN'S COMPENSATION ACT OR FEDERAL
EMPLOYER'S LIABILITY ACT.
(D) LICENSEE, FOR HIMSELF, OR ITSELF, AND FOR HIS, OR ITS HEIRS,
SUCCESSORS, ASSIGNS, OFFICERS, AGENTS, CONTRACTORS, AND EMPLOYEES, DOES
HEREBY AGREE TO PROTECT, DEFEND AND INDEMNIFY LICENSOR FROM, AND TO
REIMBURSE LICENSOR FOR, ANY AND ALL LIABILITY AND DAMAGES ARISING OUT OF
THE RISKS HEREIN ASSUMED BY LICENSEE, INCLUDING CLAIMS, JUDGMENTS, COSTS,
ATTORNEYS' FEES, AND ALL OTHER EXPENSES INCURRED BY LICENSOR IN DEFENSE
OF ANY CLAIMS, CAUSES OF ACTION, OR JUDGMENTS ARISING FROM ANY LIABILITY
ASSUMED BY LICENSEE HEREIN. LICENSEE SHALL AT ITS SOLE EXPENSE JOIN IN OR
ASSUME, AT 1'HE ELECTION AND ON DEMAND OF LICENSOR, THE DEFENSE OF ANY
CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION HEREUNDER ARISING. THE
WORD "LICENSOR" AS USED IN THIS LIABILITY SECTION SHALL INCLUDE THE
ASSIGNS OF LICENSOR AND ANY OTHER RAILROAD COMPANY THAT MAY BE
OPERATING UPON AND OVER THE TRACKS IN THE VICINITY OF THE LICENSE AREA.
(E) AS A PRECONDITION TO LICENSEE'S INDEMNIFICATION OBLIGATIONS
UNDER THIS SECTION, THE INDEMNIFIED PARTY WILL (A) COOPERATE WITH
LICENSEE IN ANY INVESTIGATION AND PROVIDE LICENSEE WITH ALL INFORMATION
IN THE POSSESSION OR CONTROL OF THE INDEMNIFIED PARTY RELATING TO ANY
MATTER FOR WHICH AN INDEMNIFIED PARTY SEEKS INDEMNIFICATION, AND (B)
PROVIDE LICENSEE WITH TIMELY NOTICE OF ANY MATTER OR INCIDENT FOR
WHICH THE INDEMNIFIED PARTY MAY MAKE A CLAIM FOR INDEMNIFICATION BY
Paae 5 of 8
LandRail Agreement No. 406444
Revision Date: 1.19.2009
LICENSEE.
8. Waiver: Licensee waives the right to question the validity of this License or any of the terms and
provisions hereof, or the right or power of the Licensor to execute and enforce this License. This License is
made without covenant on the part of the Licensor to warrant its title to the property involved with said Pipe
Line, or to give or to defend Licensee in the peaceful possession of said property and Licensee shall waive
all right to claim damages in die event Licensee shall be evicted, ejected or required to surrender possession
of the property by anyone owning or claiming title to or an interest in the property, or by reason of failure of
title of Licensor, or for any other cause whatsoever. Licensee further agrees to indemnify and save harmless
the Licensor and to assure all risk, responsibility and liability (including any expenses, attorneys' fees and
costs incurred or sustained by Licensor) arising from, growing out of, or in any manner or degree directly or
indirectly attributable to or resulting from any deficiency or insufficiency of Licensor's title affecting the
right of the Licensor to make this grant.
9. Repairs and Relocation: (a) Licensee will at all times maintain the Pipe Line in a safe and secure
manner, and in a condition satisfactory to Licensor's President or authorized representative. Licensor may
request the Licensee to change the location of the Pipe Line, or any part thereof, or to make reasonable
repairs or changes as the judgment of Licensor deems it necessary in order to avoid interference with or
danger in the use or operation of Licensor's railroad, or any of its present or future appurtenances. In the
event it is desired by Licensor to use or improve its property or any portion thereof occupied or impacted by
the said Pipe Line, then Licensee shall at its sole expense, and within thirty (30) days after written notice
from Licensor to do so (or on shorter notice in case of an emergency), make changes to the Pipe Line as
required or remove said Pipe Line, or as much of the line as is located upon the portion of the property as
required by Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this License as to the
maintenance of safe conditions in and about said Pipe Line or to make any necessary repairs, or to relocate
said Pipe Line, then Licensor may cause such condition to be made safe, or change of location to be made,
or repairs to be made, or Pipe Line to be removed from Licensor's property. Licensor acting as the agent of
Licensee, may perform such work as is necessary in the judgment of Licensor, and Licensee shall, on
demand, promptly reimburse Licensor the sole cost hereof, plus fifteen (15%) percent thereon as a charge
for the supervision, accounting, and use of tools; or Licensor may terminate this License by giving Licensee
not less than ten (10) days advance written notice of its intention to do so.
(c) In case Licensor shall at any time, or from time to time, require the removal of only a portion of
said Pipe Line, this License shall continue in force and be applicable to the portion of portions of said
pipeline and other facilities remaining from time to time until said entire Pipe Line has been removed and
the rental shall be adjusted accordingly.
10. Termination: If Licensee fails to keep or perform any of Licensee's covenants herein contained,
or in die sole judgment of Licensor the use of its property or tracks make it impractical to maintain die
existence of said Pipe Line as herein authorized, Licensor has the right to terminate this License upon thirty
(30) days written notice to Licensee.
11. Restoration: Upon termination of this License, whether in accordance with the provisions of
Section I, 9 or 10 hereof, or otherwise, Licensee shall promptly remove said Pipe Line from Licensor's
property, and restore said property to its prior condition, or a condition satisfactory to Licensor's President
Piave 6of8
LandRail Agreement No. 406444
Revision Date: 1.192009
or authorized representative. If Licensee fails to remove said Pipe Line within thirty (30) days after
termination of this License, Licensor may remove same, and charge the expense thereof to the Licensee on
the basis provided in Section 9(b) hereof.
12. Miscellaneous: (a) The personal pronouns used herein as referring to Licensee shall be
understood so to refer to Licensee whether Licensee be a natural person (one or more), a partnership, a
corporation, or any combination thereof, and all the covenants and agreements contained herein shall be the
joint and several covenants and agreements of all such parties.
(b) Any notices hereunder to be given by Licensor to Licensee shall be deemed to be properly given
if, served upon or delivered to Licensee or his authorized representative, or if deposited in the United States
mail, postage prepaid and addressed to Licensee at the address listed below. Any notice hereunder to be
given to Licensor by Licensee shall be deemed to be properly given if the same be deposited in the United
States mail postage prepaid, addressed as below:
LICENSOR: Great Western Railway of Colorado, LLC
c% LandRai 1, L.L.C.
Attn: Director of Real Estate
50 S. Steele St. STE 374
Denver, Colorado 80209
LICENSEE: Northern Colorado Disposal, Inc.
337 East 8th Street
Greeley, Colorado 80631
(c) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor
shall any alteration, amendment, supplement or waiver of any of the provisions of this License be binding
upon either Party hereto, unless same be supplemented, altered, changed or amended by an instrument in
writing, signed by Licensor and Licensee.
(d) All obligations of Licensee hereunder to protect, indemnify and hold harmless the Licensor shall
also extend to members, managers, directors, officers, shareholders, employees and/or contractors of
Licensor, and to companies and other legal entities that control, are controlled by, are subsidiaries of or
affiliated with the Licensor, their officers, managers, agents, employees, members, directors, shareholders
and/or contractors.
(e) This License is made subject to the rights granted by or through Licensor for any surface, sub-
surface or aerial uses antedating this License, including but not limited to, the construction, maintenance,
operation, renewal and/or relocation of fences, pipelines, communication lines, power lines, railroad tracks
and signals, and any and all appurtenances applicable thereto. Licensor accepts and reserves the right to
grant additional uses of the same or similar nature subsequent to the execution of this License, without
payment of any sum for damages, so long as such use does not unreasonably interfere with the use of Pipe
Line by Licensee.
(0 This License and all of the provisions herein contained shall be binding upon the Parties hereto,
their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in
writing to Licensor of any name changes. Licensee agrees not to assign this License or any interest therein,
Page 7 of 8
LandRail Agreement No. 406444
Revision Date: 1.19.2009
without the consent of Licensor in writing, which consent shall not be unreasonably withheld, and any and
every attempted assignment without prior written consent shall be void and of no effect. In the event of any
assignment, Licensee shall at all times remain fully responsible and liable for the compliance of all of its
obligations under the terms, provisions and covenants.
(g) Nothing in this License shall be construed to place any responsibility on Licensor for the
quality of the construction, maintenance or other work performed on behalf of Licensee hereunder or for the
condition of any Licensee's facilities.
(h) Any approval given or supervision exercised by Licensor hereunder, or failure of Licensor to
object to any work done, material used or method of construction, reconstruction or maintenance, shall not
be construed to relieve Licensee of its obligations under this License.
(i) All exhibits attached hereto are incorporated as if fully set forth herein.
(j) Licensee further indemnifies Licensor against any and all liens that may be placed against
Licensor's property in the course of construction of this crossing, and agrees to immediately satisfy any
liens so placed.
(k) This License shall be governed under the laws of the State of Colorado, and venue shall be
proper in the federal or state courts of the State of Colorado for any action arising under the terms of this
License or performance thereof..
IN WITNESS WHEREOF, the Parties hereto have executed this License as of the last date of execution set
forth below:
LICENSOR, acting through its agent LICENSEE:
LandRail, L.L.C.:
By: By:
Printed name: Printed name:
Title: Title:
Date: Date:
Page 8 of 8
APPLICATION FOR PIPE LAVE CROSSING1PARALLEL ENCROACHMENT UNDER/OYER PROPERTIES AND TRACKS
Plans for proposed installation shall be submitted to and meet the oppmval of the pmpeny owner, and a massing agreement must be fully
executed between the property owner and the applicant before construction can begin. Material and installation ate to be in strict
accordance with specifications of the American Railway Engineering Association and requirements of the properly owner. Original and
Brom O) copies of this fans shall be submitted, accompanied by a 4 loner -sized prints of a drawing showing plan, elevation section of
crossing from held survey, location in respect to Mile Post, width of retired right of way, location ofadiacmt mums Westing crossing,
and all information required in Figures I and 2 of ARFMA Specifications, Part 5. If open cutting or tunneling Is necessary, derails of
sheeting and method of supporting tacks or driving mnnei shall be shown
I. Complete Legal Name of Applicant:
Northern Colorado Disposal, I:rc.
2. Agreement to be in the name of Referent from above):
3. Type o(Applicant(plcose meek one): Corporation X LLC_Individual_ Municipality _Partacnhip_
(General — limited _ ) Other
If applicable,state/province of incorporation or organization: Weld County. Colorado
Federal The Identification number (if applicable): 841256057
4. Mailing Address:
337 East 8th Street Greeley, CO. 80631
Billing Address (if different):
Overnight Delivery Service Address:
S. Contact Petsot: Don Frei
6.PhotteNo.: f97R 353-4090
rte: President
Fat No.:1 970 1 352-1507
Email: nartherncolaradodlaposahogmail.cola
7. Location: 1.469 ft West (dir) from'oeaseat RR Mlle Post (REQUIRED): 94 vs
IL Nearest RailroadStadom Greeley County Weld St CO
9. Within limits of public highway name NONE
10. Temporary track support or rewmpping ratptired7 ( ) Yes Qt) No If yes, please describe:
II. Winos, poles, obstructions to be batted? ( ) Yea (X) No lfyes, please describe
12_ Product to be conveyed. STORM WATER (1.55.C3) Flammable? ( )Yes ([) No Temp
13. Max. Work ngPscsourc N.A. PSI. Field Test Pressurm P.R. PSI.
Type lest N.A.
14. Location of shut.offvalve. N.A.
15. PIPE SPECIFICATIONS CARRIER PIPE CASINO PIPE
Material PVC STEEL
Material Speciheations and Grade ASTM 02321 MIN A139
Min. Yield Strength of Mai PSI
Mill Test Pressure PSI AASHTO M278 ABTA A139
Inside Diameter
11.938" 16"
Wall Thickness 0.406' 0.2190
Outside Diameter
Type ofSeem NONE SEAMLESS
Laying Lengths 20' 20'
Kindofloints BELL & SPIGOT FIELD WELDED
Total Length within RR ROM 103.46' 103.46'
YENTS tl N.A. . Size N.A. Ht. above pound P.R.
SEALS: Bothmds XIS One end BURY: Bare of mil to tap of casing 4 R 6 in.
•. BURY(Notbeneath tmdn): 1 R. 0 in. BURY (Roodwny pipe). 3 R 4 to.
CATHODIC PROTECTION: (X) Yes ( )No PROTECTIVE COATING: (X) Yes ( ) No Kind: ASPHALT
Type, aiand spacing ofinsulabrsorsupparts;1-215• POLYETHYLENE INSULATORS SPACED EVERY I'
3,300 35,000
12.75" 16.438"
16. Method offasmllotion: DIRECTIONAL BORE WITHIN 30' OF TRACES a OPEN 'TRENrOSIUr FOR REST
Exhibit "A"
if application is approved, appilcant agrees to reimburse property owner far any cost incurred by property owner incident to installation, maintenance,
and/or supervision necessitated by this installation and further agrees to =tune all liability fkr arc'deots or injuries which arise re a result of this
installation as provided in the agreement to be executed. A non-refundable document preparation fee in the amount of 51,000, an engineering
review fee of 51,000, and o Right of Entry Fee of SB00 payable (52,000 Io:nl) to LmdRalt LLC, Is required al the lime of oppUeatioa. la
addition, fees will be assessed pursuant to a written crossing agreement. Please note, if the submitted application and prints require review
by any independent environmental (HAZMAT) or other outside consultants, this review will be at applicant's sole cost and in
addition to the aforementioned fees. Please return application, payment and prints to: LnedRail LLC. l0 $. Steele St. Suite 374, Denver, CO
10209.
Don Frei
Nome Printed:
Title:
Phone No.: 970 155-4090
Preaident
Exhibit "A"
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Y:ELD COLNTY, COLORADO =:
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STATE OF COLORADO
Bill Ritter, Jr., Governor
James B. Martin, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver. Colorado 80246-1530
Phone (303) 692-2000
TDD Line (303) 891-7700
Located in Glendale, Colorado
http://www.cdphe.state.co.us
September 21, 2009
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-8928
(303)892.3090
Mr. Chris Gathman
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Colorado Department
of Public Health
and Environment
RE: Final Agency Action: Recommended Approval with Modifications of the R.U. Recycling
Northern Colorado Disposal Recycling Facility and Transfer Station Operations Plan (revised
July 29, 2009)
Dear Mr. Gathman,
The Hazardous Materials and Waste Management Division (Division) of the Colorado Department of
Public Health and Environment (Department) reviewed the above referenced operations plan that is a
revision of the original plan that was transmitted to us via a Weld County Referral dated August 27,
2008. The operations plan was accompanied by KRW Consulting, Inc. correspondence dated July 29,
2009.
The Division conducted a technical review of the proposed site and facility operations plan in
consideration of the requirements set forth in the Solid Waste Disposal Sites and Facilities Act, Title 30,
Article 20, Part 1, C.R.S. (Act) as amended, and the Regulations promulgated thereunder, 6 CCR 1007-2
(Regulations), specifically Sections 7 and 8 of the Regulations. Based on our review, we recommend
approval of the R.U. Recycling Northern Colorado Disposal Recycling Facility and Transfer Station
Operations Plan (revised July 29, 2009) to Weld County with the following modifications. The
modifications discussed below will become part of the facility's operations plan.
General Modifications:
1) The facility shall comply with Section 8 (Recycling) of the Regulations.
2) A copy of the approved operations plan that includes a copy of this letter shall be maintained at
the facility.
Mr. Chris Gathman
September 21, 2009
Page 2 of 3
3) The facility shall contact the Office of the State Engineer regarding permitting or other
requirements pertinent to the existing on -site groundwater well and receive their authorization, if
required, to use ground water from the well.
Specific Modifications:
4) Page 1, ls' par., last sentence — The sentence is changed to state, "Relevant Regulations are
shown in parenthesis at the beginning of each section."
5) Figure 3 — Control measures shall be provided to collect storm water run-off from the twenty-
four (24) hour, twenty-five (25) year storm at the southwest portion of the site.
6) Page 3, 4"' par., last sentence — In accordance with Subsection 7.2.2(F) of the Regulations, the
sentence is changed to state, "A buffer zone around the active operating area to the nearest
property line in residential zoned areas shall be established by Weld County."
7) Page 4, 4th par., last sentence — The sentence is changed to state, "On behalf of the owner, Drexel
Barrell & Co. will provide North Weld County Water District with plans to review and comment
during the building permit application process."
8) Page 8, 4th par., 2nd sentence — The sentence is changed to state, "Northern Colorado Disposal
shall apply such control measures and operating procedures as are necessary to minimize fugitive
particulate emissions and to insure that such emissions do not constitute a health hazard."
9) Page 8, 4th par., last sentence — The sentence is changed to state, "The following fugitive
emission control measures shall include, but not be limited to, the following:"
10) Page 8, last par., 1" sentence — The sentence is changed to state, "Northern Colorado Disposal
shall apply such control measures and operating procedures as are necessary to minimize odor
emissions."
11) Page 8, last sentence continuing to top of Page 9 — The sentence is changed to state, "The
following odor emission control measures shall include, but not be limited to, the following:"
12) Page 9, item c — The item text is changed to state, "Divert odorous waste directly to the landfill."
13) Page 9, 3rd par., Is' sentence — The sentence is changed to state, "The facility shall insure that the
attraction, breeding and emergence of birds, insects, rodents and other vectors do not constitute a
health hazard."
14) Page 9, 4th par., 1" sentence -- The sentence is changed to state, "Immediate action shall be taken
to correct any nuisance conditions attributable to the operation of the waste transfer station upon
receipt of a complaint from a private party, agency, or as observed by the facility operations
manager."
Mr. Chris Gathman
September 21, 2009
Page 3 of 3
15) Appendix C, Fire Plan for Northern Colorado Disposal — "FDC" is changed to "Fire Department
Connection." "10 AG" is changed to "10 -feet above grade."
The Department requests that Weld County notify us, in writing, when a permit approving the transfer
station is issued.
In closing, the Division is authorized to bill for its review of technical submittals pursuant to Section 1.7
of the Regulations, 6 CCR 1007-2. An invoice for the Division's review of the above referenced
documentation will be sent to Don Frei (Northern Colorado Disposal) under separate cover.
Please contact me at 303-692-3389 if you have any questions.
Douglas M. Ikenberry
Solid Waste and Material Management Unit
Solid and Hazardous Waste Program
Cc: Don Frei, Northern Colorado Disposal
Troy Swain, Weld County Department of Public Health and Environment
Joe Mitchell, E.I.T., KRW Consulting, Inc.
FILE: SW WLD NCD 3.3
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