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Home My WebLink About20090802.tiffRESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN - LAFARGE WEST, 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 2, 2007, the Weld County Board of Commissioners approved a Site Specific Development Plan and Amended Use by Special Review Permit #1259, for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District, for Lafarge West, Inc., 1800 North Taft Hill, Fort Collins, Colorado 80521, on the following described real estate, to -wit: N1/2 of Section 13; SE1/4 NW1/4 of Section 12; the east 30 acres of the SW1/4 SE1/4 of Section 12; S1/2 of the east 60 acres in the SW1/4 /4 of Section 12; W1/4 SW1/4 SE1/4 of Section 12; NW1/4 SE1/4 of Section 12; the east 30 acres of the NE1/4 SW1/4 of Section 12; part of the N1/2 NE1/4 of Section 24; E1/2 SE1/4 of Section 12, all in Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, and W1/2 NW1/4 of Section 18; W1/2 SW1/4 of Section 18; Lots A and B of Recorded Exemption #2347, being part of the NW1/4 of Section 19; Lots 1 and 2 in the SW1/4 of Section 19; part of the W1/2 SE1/4 of Section 19; part of the NW1/4 SE1/4 of Section 19; W1/2 SW1/4 of Section 7, all in Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado 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 Lafarge West, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. 2009-0802 PL1477 I 0 2w' , /-}-/-'r'C IMPROVEMENTS AGREEMENT - LAFARGE WEST, INC. PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Lafarge West, Inc., be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of April, A.D., 2009. BOARD OF TY COMMISSIONERS WELD CO LORADO ATTEST: �JM r, �r,,w 1 U J Weld County Clerk to t BY Dept Clerk the Board APPROV my A ttorney Date of signature. �li qIC9 William F. Garcia, Chair A CEO `j lar dX�O,, Sr w��-l�-c/ Doug laa',6^ademacll,,er, Pro-Tem Sean P -Conway filut /FLA__ arbara Kirkmeyer David E. Long 2009-0802 PL1477 0 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS LAFARGE WEST, INC. - AmUSR-1259 zt THIS AGREEMENT, made and entered into this y day of /`1/1; / , by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and Lafarge West, Inc., hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, or has a controlling interest in , the following described property in the County of Weld, Colorado: See Exhibit "A" attached hereto and incorporated herein by reference, hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending Import of Materials, and Gravel Mining on approximately 1,152 acres on the above described real property, and the County is currently in the process of considering a Amended Use -by -Special Review for the Property, and WHEREAS, the Property Owner acknowledges that the issuance of AmUSR-1259 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall commence work on and provide collateral for the improvements as detailed in Section 7.2 and Exhibit "C," herein. 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 6: Property Owner shall construct the following improvements: a turning radii of sixty feet (60'), deceleration lane in the west bound lane, drainage and signage installations, at the main entrance of the Property adjacent to Weld County Road 6 (hereinafter WCR 6), and any other improvements as depicted on the accepted plans, (a copy of which have been attached hereto and made a part hereof). 2.0 Weld County Road 8: Property Owner shall construct an over -head conveyer to move material from a site on the north side of Weld County Road 8 (hereinafter WCR 8) to the main processing facility on the south side of WCR 8, as depicted on the accepted plans. Any I 111111 11111 III111 1111 I I I 1111111 III 11111 I I I I I I I I 3617515 04/20/2009 01:25P Weld County, CO 1 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 2009-0802 service accesses, constructed by the Property Owner, on WCR 8 will be paved within the County Right -Of -Way and provide accepted drainage and signage installations. 3.0 Road Improvements Responsibilities: Property Owner is solely responsible for improvements on WCR6 and WCR 8 designated in Sections 1.0 and 2.0 of this Part A and on Exhibit B-1, and for any construction improvements mandated by the Colorado Department of Transportation (hereinafter "CDOT"), and for all expenses associated therewith. These responsibilities include, but are not limited to the following: utility locates; right-of-way clearances and permits; coordination with oil and gas operators and facilities, affected railroad facilities and affected irrigation facilities; traffic control; and project safety during construction. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory agencies. 4.0 Engineering Design and Construction Plans: All engineering designs and construction plans provided by Property Owner shall include, at a minimum, ingress/egress entrance intersection layouts, grading, drainage, a cross section of the base/asphalt, approach roads, and adequate turning radii, and pavement markings. In addition a geotechnical design is required on the depth of asphalt on WCR 6 and WCR 8, to accommodate heavy truck traffic. These plans, when accepted by the Weld County Engineer, shall be a part of the Plans, which are a part of this Agreement. 5.0 Construction Standards: All construction and materials controls for a project shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. During construction, signage shall be posted in accordance with the then current version of the "Manual of Uniform Traffic Control Devices". 6.0 Effect of Future Changes to Haul Routes: In the event that County should approve the use of an additional haul route or an alternative haul route which Property Owner may request as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional haul route utilizes an unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said roads, Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and paving costs to be paid by Property Owner based upon truck trip counts that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 7.0 Future Improvements: Future improvements to the haul route may be required by County for reasons related to: changes in site activity or truck circulation patterns and numbers, roadway classification changes, and newly permitted facilities affecting the haul route traffic usage. Property Owner shall address Colorado Department of Transportation (CDOT) access issues associated with Property Owner's use of the afore -mentioned haul route. Future CDOT mandated measures may include improvements to the intersection of WCR 6 and U.S. Highway 85. Property Owner shall pay a proportionate cost share based on the number of truck trips using then current data on the haul route in the implementation of the above -mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of 1111111111111111111111111111 IIII 111111 2 3617515 04/20/2009 01'25P Weld County, CO 2 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 traffic data when making decisions regarding cost sharing. 8.0 Timing of Improvements: Property Owner shall not be required to complete the aforementioned offsite improvements until the occurrence of the triggering event for all improvements, namely the application for the grading permit. At that time, Property Owner agrees that all offisite improvements shall be completed within the parameters established in Section 7.2 and Exhibit C, herein. B. Haul Routes: 1.0 Established Haul Routes: All trucks shall enter and exit the site via the proposed access road directly onto WCR 6 at the facility site. All truck traffic exiting the facility shall travel east on WCR 6 and utilize the light at the intersection of WCR 6 and U.S. Highway 85. In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned haul route for a limited period of time, and if County approves such deviation, trucks will utilize paved county roads whenever possible. 2.0 Haul Route Signage: Property Owner shall install haul route signs at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner agrees to pay a proportionate share, based upon relative heavy truck hauling usage, of the cost to excavate, repair, or patch any damage on WCR 6 from the facility entrance east to the intersection of WCR 6 and U.S. Highway 85 which in the sole opinion of County has been created by heavy truck hauling from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads. The type and method of repair will be determined by the County Engineer or his representative, and shall require a written amendment to this Agreement executed by County and Property Owner. All repairs shall commence within thirty (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 Property Owner and all other Property Owners who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall pay a proportionate cost of a complete restoration 1111111 11111 111111 1111101111IIII111111III11111IIIl1III 3617515 04/20/2009 01:25P Weld County, CO 3 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 3 Revised 03/09/04 based on the number of then current truck trips on the haul route of Property Owner to and from the Property. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is anticipated that Property Owner and other Property Owners subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner and others shall be conducted pursuant to separate agreements between the Property Owner and other Property Owners. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in this Agreement and Exhibits "B-1," "B-2," "C," and "D," all being attached hereto, such non-performance will constitute a violation of Property Owner's land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for revocation of AmUSR- 1259 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 Requirements: Property Owner shall landscape and maintain the landscaping of the property. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs described and enumerated on Exhibits B-2 and D which are attached to this Agreement. 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its own expense, grade, pave, and install accepted drainage facilities in the interior portion of the property in accordance with the directives of the Weld County Department of Public Works, as described in Exhibit B-2, which is attached to this Agreement. 3.0 Timing of Improvements: Property Owner shall not be required to complete the landscaping requirements until the occurrence of the triggering event for all improvements, namely the application for the grading permit. At that time, Property Owner agrees that all landscaping shall be completed within the parameters established in Section 7.2 and Exhibit C, herein. E. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements listed on Exhibits B-1 and B-2, according to the construction schedule set forth in Section 7.2 and Exhibit C, herein. 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 11111111111111111111111111111III! 111111III IIIII III! 1111 3617515 04/20/2009 01:25P Weld County, CO 4 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 4 Revised 03/09/04 improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements listed herein and on Exhibits B-1 and B-2, with the improvements being completed in accordance with Section 7.2 and Exhibit C, herein. The Board of County Commissioners, at its option, may grant an extension of the time of completion stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Property Owner's expense. 3.4 AmUSR-1259 improvements shall be completed, according to the terms of this Agreement, in accordance with Section 7.2 and Exhibit C, herein. 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees or otherwise except for the liability, loss, or damage arising from the intentional torts Hill 11111 111111 11111 1111 1111111111111 11111 1111IIII 5 3617515 04/20/2009 01:25P Weld County, CO 5 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of Road Improvements: Property Owner shall warranty all improvements to public rights -of -way, including all privately created and maintained roads or rights -of -way, or easements for a period of one (1) year. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. 6.1 If desired by the County, portions of the improvements may be placed in service when completed according to the schedule herein stated, but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction within AmUSR-1259 for which the improvements detailed herein have been started but not completed as shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on AmUSR-1259 improvements in that phase of AmUSR-1259 is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of improvements within AmUSR- 1259 and required offsite improvements, and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County inspect the improvements and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial acceptance, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the improvements after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within AmUSR-1259, the Board of County Commissioners shall fully accept said improvements as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County to guarantee completion of the improvements listed in Exhibits "A," must be equivalent to One -Hundred percent (100%) of the value of the improvements as shown in this Agreement. 11111111111111111111111111111 IIII 111111 III 11111 FHB 6 3617515 04/20/2009 01:25P Weld County, CO 6 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 7.2 Acceptable collateral shall be submitted at least six (6) months prior to commencement of Site Preparation, as herein defined. No grading or building permits shall be issued for sand and gravel mining or processing operations improvements on the property and no Site Preparation shall commence until cost estimates for the improvements are updated and collateral is provided in the amount of One -Hundred percent (100%) of the value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within the time schedule set forth in Exhibit "C" hereto. If improvements are not completed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Applicant's planned sand and gravel mining and processing and related operations pursuant to AMUSR-1259 that require a grading or building permit from the County pursuant to the Weld County Code. 7.3 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to (100%) of the total value of the improvements set forth in the Improvements Agreement; the LOC shall be subject to the requirements of Weld County Code Section 2-3-30 B. 7.4 Collateral may be in the form of a deed of trust upon the Property, provided that the following are submitted: 7.4.1 An appraisal is required of the Property by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of AmUSR is sufficient to cover One -Hundred Percent (100%) of the cost of the improvements as set forth in this Agreement, plus all costs of sale of the Property. 7.4.2 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 7.5 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. 7.6 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. 7.7 Collateral may be in the form of an escrow agreement where the cash in escrow is in an amount equivalent to one hundred percent (100%) of the 11111111111111111111111 111111IIII 111111 III 11111 IIII IIII 7 3617515 04/20/2009 01:25P Weld County, CO 7 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 value of the improvements set forth in the Improvements Agreement. The escrow agreement shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.3. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado 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 County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements for partial maintenance by the County, the Property Owner may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.6 For improvements to public rights -of -way or easements, the request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. The warranty collateral shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County. 9.0. Successors and Assigns: Except as specified below, this Agreement may not be delegated or assigned in whole or in part by either party hereto without the express written consent of the other party and the written Agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably 1 111111 11111 111111 11111 111111 I I I 1111111 I I 1111111111 I I I I 8 3617515 04/20/2009 01:25P Weld County, CO 8 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve Property Owner of any obligations under this Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. LAFARGE WEST, INC., Property Owner Title Date: _ [SEAL] ATTEST: By: , 2009. Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) ATTEST: Weld County Clerk to th By: Deputy Clerk to the"Bokrd/?;_ 111101111111111111111111111III! 111111 III 11111IIII IIII 9 3617515 04/20/2009 01:25P Weld County, CO 9 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder BOARD OF COUNTY COMMISSIONERS WELD COUNTYOI,ORADO By: William F. Garcia, Chairman 04/06/2009 Revised 03/09/04 EXHIBIT "A' APPLICANT'S PROPERTY PHASE 1- RITTENHOUSE THAT PART OF THE NW 1/4 OF THE SE 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SE 1/4 OF SAID SECTION 19; THENCE SOUTH ALONG THE WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 853 FEET TO THE NORTH LINE OF THE DAMIANA PROPERTY DESCRIBED IN DEED RECORDED IN BOOK 529, PAGE 433; THENCE EAST ALONG THE NORTH LINE OF SAID DAMIANA PROPERTY 264 FEET; THENCE NORTH AND PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 853 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 19; THENCE WEST A DISTANCE OF 264 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE HIGHWAY COMMISSION OF COLORADO FOR HIGHWAY PURPOSES IN SPECIAL WARRANTY DEED RECORDED IN BOOK 1401, PAGE 313, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH PROPERTY LINE FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 19 BEARS SOUTH 54°04' EAST A DISTANCE OF 3011.2 FEET; THENCE ALONG THE SOUTH PROPERTY LINE SOUTH 88°39' EAST A DISTANCE OF 68.9 FEET TO THE SOUTHEAST CORNER OF THE PROPERTY; THENCE ALONG THE EAST PROPERTY LINE NORTH 0°25'30" WEST A DISTANCE OF 856.8 FEET TO THE EAST -WEST QUARTER LINE OF SECTION 19; THENCE ALONG THE EAST -WEST QUARTER LINE OF SECTION 19 SOUTH 89°39' WEST A DISTANCE OF 159.3 FEET; THENCE SOUTH 4°48' EAST A DISTANCE OF 535.9 FEET; THENCE SOUTH 18°50' EAST A DISTANCE OF 103.1 FEET; THENCE SOUTH 4°48' EAST A DISTANCE OF 223.4 FEET, MORE OR LESS TO THE POINT OF BEGINNING. d O o U cc �Oy d C o y �U — 4) a) CL =N =f0 0 O Immo p p — CV —N vac N m — N. o CO CO 0 —ioT AND THAT PART OF THE W 1/2 OF THE SE 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE SE 1/4 OF SAID SECTION 19 WHICH IS 1310 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SE 1/4 OF SAID SECTION 19; THENCE NORTH 504 FEET; THENCE EAST 272 FEET; THENCE SOUTH 504 FEET; THENCE WEST 272 FEET TO THE PLACE OF BEGINNING; EXCEPT THAT PORTION THEREOF INCLUDED WITHIN A PARCEL OF LAND CONVEYED TO JOHN SCHELL AND CONSTANTINE SHELL IN QUIT CLAIM DEED RECORDED IN BOOK 1007, PAGE 39, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 247 FEET EAST OF THE SOUTHWEST CORNER OF THE SW 1/4 OF THE SE 1/4 OF SAID SECTION 19; THENCE NORTH TO A POINT ON THE NORTH LINE OF SAID SW 1/4 SE 1/4 ; THENCE EAST 25 FEET TO A POINT; THENCE SOUTH TO A POINT ON THE SOUTH LINE OF SAID SW 1/4 SE 1/4; THENCE WEST 25 FEET TO THE PLACE OF BEGINNING; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE NORTH 10 FEET OF THE S 1/2 OF THE SE 1/4 AND THE SOUTH 20 FEET OF THE N 1/2 OF THE SE 1/4 OF SAID SECTION 19 AS CONVEYED TO THE Revised 03/09/04 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY AND TO WELD COUNTY TO BE USED AND MAINTAINED AS A PUBLIC ROAD IN WARRANTY DEED RECORDED IN BOOK 1229, PAGE 556; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE HIGHWAY COMMISSION OF COLORADO FOR HIGHWAY PURPOSES IN SPECIAL WARRANTY DEED RECORDED IN BOOK 1401, PAGE 313, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH PROPERTY LINE FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 19 BEARS SOUTH 54°04' EAST A DISTANCE OF 3011.2 FEET; THENCE SOUTH 4°48' EAST A DISTANCE OF 247.6 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 186.3 FEET, THE RADIUS OF WHICH ARC HAS A LENGTH OF 5805 FEET, AND THE CHORD OF WHICH ARC BEARS SOUTH 5°43' EAST A DISTANCE OF 186.2 FEET, TO THE SOUTH PROPERTY LINE; THENCE ALONG THE SOUTH PROPERTY LINE NORTH 89°50' EAST A DISTANCE OF 32.8 FEET TO THE EAST PROPERTY LINE; THENCE ALONG THE EAST PROPERTY LINE NORTH 0°25'30" WEST, A DISTANCE OF 430.3 FEET TO THE NORTH PROPERTY LINE; THENCE ALONG THE NORTH PROPERTY LINE NORTH 88°39' WEST A DISTANCE OF 68.9 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. AND LOTS 1 AND 2 IN THE SW 1/4 OF SAID SECTION 19, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M. ALL IN WELD COUNTY, COLORADO. PHASE 2 - NORDEN TRUST THE N 1/2 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SECTION 24; THENCE S 00°25'10" W, ALONG THE EAST LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24. 1310.16 FEET TO THE SE CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24; THENCE S 89°45'34" W, ALONG THE SOUTH LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24, 2637.68 FEET TO THE SW CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24; THENCE N 00°12'27" E, ALONG THE WEST LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24, 1309.10 FEET TO THE NW CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24; THENCE N 89°44'15" E, ALONG THE NORTH LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24, 2642.54 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING TRACT OF LAND: LOT A OF RECORDED EXEMPTION NO. 1469-24-1 RE -4853, COUNTY OF WELD, STATE OF COLORADO. I Hill 11111 I11111 11111 I I I 1111111 I I 1111111 I I I HI 3617515 04/20/2009 01:25P Weld County, CO 11 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 PHASE 3 - ANDERSON THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. EXCEPTING THEREFROM THE FOLLOWING TRACT OF LAND: LOT A OF RECORDED EXEMPTION NO. 1471-18-3 RE -4848, COUNTY OF WELD, STATE OF COLORADO. PHASE 4 - MCWILLIAMS ALL THAT PART OF THE NW 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M. WHICH LIES WEST OF THE CENTER LINE OF THE SOUTH PLATTE RIVER, WELD COUNTY, COLORADO, EXCEPT: A PARCEL OF LAND LOCATED IN THE NW 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19, THENCE S 00°11'42" W, ALONG THE WEST LINE OF SAID NW 1/4 , A DISTANCE OF 30.00 FEET; THENCE NORTH 90°00'00" EAST 747.67 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTED PARCEL; I) THENCE CONTINUING ALONG SAID PARALLEL LINE, N 90° 00'00" E, A DISTANCE OF 882.35 FEET TO THE CENTERLINE OF THE MAIN CHANNEL OF THE SOUTH PLATTE RIVER (1997) AND CONTINUING ALONG SAID CENTERLINE THE FOLLOWING 5 (FIVE) COURSES; 2) THENCE S 22°21'23" W, A DISTANCE OF 119.58 FEET; 3) THENCE S 33°19'22" W, A DISTANCE OF 67.31 FEET; 4) THENCE S 43°51'39" W, A DISTANCE OF 182.10 FEET; 5) THENCE S 46°41'03" W, A DISTANCE OF 182.88 FEET; 6) THENCE S 35°51'46" W, A DISTANCE OF 4.35 FEET; 7) THENCE DEPARTING SAID CENTERLINE, N 90°00'00" W, A DISTANCE OF 542.31 FEET; 8) THENCE N 00°33'48" E, A DISTANCE OF 427.13 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTED PARCEL, CONTAINING 7.273 ACRES, MORE OR LESS. PHASE 5 - CHIKUMA THEN 1/2 OF SECTION 13, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN AND THE W 1/2 OF THE NW 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO. LESS THAT PORTION IN THAT WARRANTY DEED RECORDED OCTOBER 23, 1908 IN BOOK 287, PAGE 208 OF THE WELD COUNTY RECORDS. 1111111 11111111111 11111 MINI 111111 111111III1111 3617515 04/20/2009 01:25P Weld County, CO 12 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 PHASE 6 - CITY OF THORNTON/D&S MINING THE W 1/2 OF THE SW 1/4 OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN (CONTAINS 80 ACRES MORE OR LESS), TOGETHER WITH THEE 1/2 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN (CONTAINS 80 ACRES MORE OR LESS), ALL IN WELD COUNTY, COLORADO. PHASE 7 (SOUTHERN PORTION) - MYRNA THE S 1/2 OF THE EAST 60 ACRES OF THE SW 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN. THE W 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN. THE EAST 30 ACRES OF THE SW 1/4 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN. ALL IN WELD COUNTY, CO. PHASE 7 (NORTHERN PORTION) AND 8 - MFM FARMS THE SE 1/4 OF THE NW 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN AND THE NW 1/4 OF THE SE 1/4 AND THE EAST 30 ACRES OF THE NE 1/4 OF THE SW 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, ALL IN WELD COUNTY, COLORADO. 111111111111 11111111111 111111 1111 111111111 111111 III 1111 3617515 04/20/2009 01:25P Weld County, CO 13 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 EXHIBIT "B-1" Name of USR: Riverbend: AMUSR-1259 Location: N'h of Section 13; SE%NW'/ of Section 12; the east 30 acres of the SW'/SE'/ of Section 12; S'h of the east 60 acres in the SW'% of Section 12; W ASW'%SE% of Section 12; NW'/SE'/ of Section 12; the east 30 acres of the NE'/SW% of Section 12; part of the N%NE% of Section 24; E'%SE'/ of Section 12, Township 1 North, Range 67 West of the 6`h P.M., Weld County Colorado, and W'/ NW'''A of Section 18; W'/SW'/ of Section 18; Lots A and B of Recorded Exemption #2347, being part of the NW'% of Section 19; Lots 1 and 2 in the SW' of Section 19; part of the W'hSE% of Section 19: part of the NW'/SE'/ of Section 19; W'VSW'% of Section 7, all in Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) Improvements Quantity Units Unit Costs Estimated Construction Cost Site grading Street grading 330 cu. yds. $15.00 $4,950.00 Street base Street paving 166 Tons $93.75 $15,562.50 Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply and storage Water mains (includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping (reseeding disturbed area in ROW) 8100 Sq ft $ .18 $1,458.00 Park improvements Road culvert 1111111111111111111111111111111111111111111111111111111 3617515 04/20/2009 01:25P Weld Courry, 14 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 Grass lined swale Telephone Gas Electric Water transfer SUB -TOTAL: $21,970.50 Engineering and Supervision Costs $ 0_00 TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 21.970.50 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 "C„ 1111111111111111111111111111 HUMAN HIM III IIII 3617515 04/20/2009 01:25P Weld County, CO 15 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 EXHIBIT "B-2" Name of USR: Riverbend: AMUSR-1259 Location: N%z of Section 13; SE'/<NW'/ of Section 12; the east 30 acres of the SW`/SE% of Section 12; S`h of the east 60 acres in the SW'/ of Section 12; W'hSW'/SE`/ of Section 12, NW'/SE'% of Section 12; the east 30 acres of the NE'/SW'/ of Section 12; part of the N'/2NE'/ of Section 24; E'/ZSE'/ of Section 12, Township 1 North, Range 67 West of the 6th P.M., Weld County Colorado, and W'h NW% of Section 18; W'%SW'/ of Section 18; Lots A and B of Recorded Exemption #2347. being part of the NW'/ of Section 19; Lots 1 and 2 in the SW'/ of Section 19; part of the W''SE'% of Section 19; part of the NW'/SE'/ of Section 19; W''SW'/ of Section 7, all in Township 1 North, Range 66 West of the 6`h P.M., Weld County, Colorado. Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Costs Construction Cost Site grading Street grading 22,617 SY $.80 $18.093.60 Street base 3.770 CY $30.00 $113,100.00 Street paving 2.164 TN $60.00 $129.840.00 Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply and storage Water Mains (includes bore) Fire hydrants Survey and street monuments and 1 LS $7.000 $7.000.00 Street lighting Street Names Fencing requirements Landscaping 1 See Exhibit $46.54 $46.549 Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer 1111111111111111111111111111111111111111111111111111111 Revised 03/09/04 3617515 04/20/2009 01:25P Weld County, CO 16 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder SUB -TOTAL: $314.582.60 Engineering and Supervision Costs $ 6.000 TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION: $ 320,582.60 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 1 IIIIII 11111 11111 11111 111111 IIII 111111 III IIIIII III 1111 3617515 04/20/2009 01:25P Weld County, CO 17 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 EXHIBIT "C" d a 9 o` a) CC a d ara 0 0 O o C �U i �IIg aCL o 10 0co ci a o o 0 moo N te a N aID - r LO �n o COy- Name of USR: Riverbend: AMUSR-1259 Location: NY of Section 13; SE%NW% of Section 12; the east 30 acres of the SW'/SE% of Section 12; S'/z of the east 60 acres in the SW% of Section 12; W''SW ASE'A of Section 12; NW'/ SE'/ of Section 12; the east 30 acres of the NE'/ SW'/ of Section 12; part of the N''NE' of Section 24; E'/ASE'% of Section 12, Township 1 North, Range 67 West of the 6th P.M., Weld County Colorado, and W'h NW'A of Section 18; W'/2SW'/ of Section 18; Lots A and B of Recorded Exemption #2347, being part of the NW'% of Section 19; Lots 1 and 2 in the SW % of Section 19; part of the W'/2SE'A of Section 19; part of the NW'/SE'/ of Section 19; W'VSW'A of Section 7, all in Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Construction of the improvements listed in Exhibit B-1 and B-2 shall be completed as follows: A. Collateral for the improvements listed in Exhibit B-1 and B-2 shall be delivered pursuant to Section 7.2 of the Agreement, to which this Exhibit C is attached, before any improvements are constructed. B. All improvements shall be completed within three years from the date of approval of the final plat, except to the extent the time for completion is extended pursuant to Paragraphs C and D, below. C. If Applicant determines that the improvements will not be completed within three years from the date of approval of the final plat, then Applicant may obtain an extension of the time for completion by supplying to the County either of the following: i. A copy of the annual report to the Colorado Division of Reclamation, Mining and Safety (DRMS) most recently filed to maintain the mining and reclamation permit issued by the DRMS for the property in effect, or ii. A copy of such other reports, filings or information as reasonably demonstrate ongoing maintenance of the property and permits related thereto as a mineral resource development facility. Such other reports, filings or information may include without being limited to a listing of work that has been done in connection with the uses authorized by AMUSR-1259, a listing or description of water or air monitoring reports and any other reports or studies that have been performed concerning the property or a summary schedule setting forth the Applicant's estimate of when the Site Preparation work (as defined in Section 7.2 of the Agreement) will commence, improvements required by this Agreement and plants and other facilities will be installed or constructed and when Production Operations, as herein defined, will commence. "Production Operations" shall mean the commencement of plant erection or installation or stripping, excavation or other operations preparatory to or in connection with production and sale of aggregate materials from the property. D. Any reports, filings or other information report filed to extend AMUSR-1259 shall be filed with the County at least thirty days prior to the expiration of (i) the original time it was deemed or presumed active or (ii) any prior extension, as applicable. E. In response to a filing of any of the reports, data or information authorized by clause C.ii, Revised 03/09/04 above, the County may reasonably request additional information documenting ongoing maintenance of the property and permits related thereto as a mineral resource development facility and shall provide Applicant a reasonable time to supply such requested additional information. F. Upon the filing of the information described in Paragraph C, above, the time for completion shall be extended for one year from the three-year deadline for completing improvements. Applicant may obtain successive one-year extensions by making such annual filings, at least thirty days prior to the expiration of the prior extension. Improvements Time for Completion Site grading Street grading Prior to Production Operations Street base Street paving Operations Prior to Production Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply and storage Water mains Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping Prior to Production Operations during the 1st growing season after completion of Site Preparation Park improvements Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB -TOTAL: The County, at its option, and upon the request of the Applicant, may grant an extension of time - 111111111111111111111111111111111111111III 111111 111 1111 3617515 04/20/2009 01:25P Weld County, CO 19 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. 1111111 11111 111 11111111111 1111111111111 1111111 3617515 04/20/2009 01:25P Weld County, CO 20 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 EXHIBIT D LANDSCAPING PLANS 1111111 11111111111 11111111111 IIII 111111 III 1111111 111111 3617515 04/20/2009 01:25P Weld County, CO 21 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 37Po31rc3 /S5377v 11a3d021C all 311S/OY3H 30 9213511 3allflf am 131,11? 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Please schedule for the first available Board hearing and send hearing confirmation to me at the address or email below: Anne Johnson Lafarge North America 114009 Business Park Circle, Suite 200 Longmont, CO 80504 (303) 653-4101 anne.johnson(a:laParue-na.com JLAFARGE AGGREGATES & CONCRETE Anne Best Johnson, AICP Land Manager Rocky Mtns Metro North And Northern LAFARGE NORTH AMERICA INC. - Western U.S. Region 11409 Business Park Circle Suite N 200, Longmont, CO 80504 Direct: (303) 684-2307 Fax: (303) 684-2327 Cell: (303) 653-4101 anne.johnson@lafarge-na.com www.lafargenorthamerica.com LAFARGE NORTH AMERICA INC. - Western U.S. Region 10170 Church Ranch Way, Suite 200 Westminster, CO 80021 Main: (303) 657-4000 www.lafargenorthamerica.com a,c; Pt% MEMORANDUM TO: Board of County Commissioners April 1, 2009 FROM: Jacqueline Hatch-Drouillard SUBJECT: AMUSR-1259, Lafarge West Inc, Riverbend Site Lafarge West Inc do Anne Best Johnson has submitted a signed improvements agreement regarding the collateral for improvements for AMUSR-1259 - Riverbend. The agreement stipulates that the recording of the plat for AMUSR-1259 is conditional upon the property owner's performance of certain improvements. The property owner acknowledges that prior to activity related to the business described on AMUSR-1259 collateral in the amount of three hundred and forty two thousand five hundred and fifty three dollars and ten cents ($342,553.10) will be submitted to Weld County for collateral. The departments of planning services and public works along with the County attorney request approval of the improvements agreement. 1— :C2 J Hello