HomeMy WebLinkAbout20093069.tiffRESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1662 - NOBLE ENERGY, 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 October 1, 2008, the Weld County Board of Commissioners approved Use
by Special Review Permit #1662, for Western Equipment and Truck, Inc., 2055 1st Avenue,
Greeley, Colorado 80631, c/o Noble Energy, Inc., 1625 Broadway, Suite 2000, Denver, Colorado
80004, for a Mineral Resource Development Facility, including an Oil and Gas Support and Service
(storage of pipe (tubulars) and production equipment) in the A (Agricultural) Zone District on the
following described real estate, to -wit:
Lot C of Amended Recorded Exemption #4066;
being part of the SE1/4 of Section 31, Township 4
North, Range 66 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 Noble Energy, with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with check #2009114041 from Noble Energy,
Inc., P.O. Box 909, Ardmore, Oklahoma 73402, in the amount of $4,940.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said check as stated above, copies of which are attached hereto and incorporated herein
by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvements between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Noble Energy, be, and hereby is, approved.
BE IT FURTHER RESOLVED that check #2009114041 from Noble Energy, Inc., P.O.
Box 909, Ardmore, Oklahoma 73402, in the amount of $4,940.00, be and hereby is, accepted.
2009-3069
PL1978
/4' -Cps -/c)
IMPROVEMENTS AGREEMENT - NOBLE ENERGY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of November, A.D., 2009.
ATTEST:
Weld County Clerk to the Boar
BY
Dep'ut Clerkdo the Board
AP
Count Attorney
M
Date of signature
BOARD OF COUNTY COMMISSIONERS
L fCO TY, COLORADO
Rademach
EXCUSED
Sean P. Conway
Pro-Tem
A /
area Kirkmey
David E. Long
2009-3069
PL1978
MEMORANDUM
Wi�Pc.
COLORADO
TO: Board of County Commissioners
DATE: November 23, 2009
FROM: Kim Ogle, Planning Services�jl
SUBJECT: Acceptance of Cash Deposit
Noble Energy, Inc.
(USR-1662)
On November 13, 2009, the Department of Planning Services received a Cash Deposit for
Noble Energy, located at 110 West Broadway; Ardmore, OK 73402 for the off -site improvements
associated with the Noble Energy pipeyard facility, Case Number USR-1662, in the amount of
four thousand nine hundred forty and 00/100s ($ 4,940.00) dollars.
The Weld County Attorney finds the Agreement is in the appropriate form; the Department of
Public Works and the Department of Planning Services, have determined that the amount of the
agreement will be sufficient to meet the required warranty collateral for the off -site improvements
for the Noble Energy pipeyard facility, Case Number USR-1662 and the Department of Planning
Services recommends acceptance of this cash deposit.
2009-3069
Kim Ogle
From: Richard Hastings
Sent: Tuesday, November 17, 2009 11:45 AM
To: Kim Ogle
Cc: David Bauer; Don Dunker; Donald Carroll; Stephanie Arries
Subject: Noble Energy (USR-1662) Improvements Agreement
Attachments: USR1662 NOBLE ENERGY WARRANTY ACCEPTANCE.doc
Kim,
Public Works reviewed the signed agreement associated with the above -mentioned memo. The only
questions Public Works have are related to the unsigned Exhibits A & B. Since this project is
completed, is it necessary for Noble to sign those two exhibits? Otherwise, Public Works
finds no problems associated with the Improvements Agreement.
Thanks,
Rich Hastings
Weld County Public Works/Engineering Dept.
1111 H Street (Site Address)
P.O. Box 758 (Mailing Address)
Greeley, CO 80632-0758
Office:(970) 304-6496 EXT. 3727
Cell:(970) 381-3767
rhastings@co.weld.co.us
Original Message
From: Kim Ogle
Sent: Sunday, November 15, 2009 9:40 PM
To: Richard Hastings
Cc: Stephanie Arries
Subject:
Rich
Attached is the Planning Memorandum for Noble
Kim
1
724
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Noble Energy— USR-1662
THIS AGREEMENT, made and entered into think day of ova,
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Noble Energy, hereinafter called "Property
Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lot C of Amended Recorded Exemption
#4066;being part of the SE1/4 of Section 31,
Township 4 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has acquired land use permits from County for a Mineral Resource
Development Facility, including an Oil and Gas support services facility on approximately 14
acres on the above described real property, and the County is currently in the process of
considering an Use -by -Special Review for the Property (USR-1662), and
WHEREAS, the Property Owner acknowledges that the issuance of USR-1662 is conditional
upon Property Owner's performance of the on -site and off -site improvements which are
described in this Agreement and depicted in a set of plans provided by Property Owner
(hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a
part hereof, and
WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the
businesses described above until said improvements have been completed, and
WHEREAS, the parties agree that Property Owner shall not be required to commence work on
the on -site or off -site improvements, nor to provide collateral for said improvements until
Property Owner submits an application for grading or for a Right -Of -Way permit for
construction of accesses.
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 38: Property Owner shall be responsible for the construction
of certain on -site and off -site safety improvements, which shall include: construction of
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adequate asphalt or concrete paved turning radii (60) feet at the main entrance onto WCR 38,
drainage and signage installations, as indicated on the approved construction Plans. The main
entrance improvements will include asphalt or concrete paving into the site from County Road
38 to ensure a complete revolution of the truck tires.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements on WCR 38, 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.
3.0 Engineering Design and Construction Plans: All engineering designs and
construction plans provided by Property Owner shall include, at a minimum, ingress/egress
entrance intersection layouts, existing and proposed grading, drainage designs, storm drainage
pipe sizings and inverts, a cross section of the base/asphalt, approach roads, and adequate turning
radii, and pavement markings. In addition a geotechnical asphalt pavement design to
accommodate heavy truck traffic, prepared by a Professional Engineer licensed to practice in
Colorado, is required for WCR 38. These plans, when reviewed and accepted by the Weld
County Engineer, shall be a part of the Plans, which are a part of this Agreement. For all
construction in the County right-of-way, prior to the issuance of any access permit or right-of-
way permit, a construction schedule giving times and locations of all proposed improvements
shall be provided to Public Works for review and acceptance.
4.0 Construction Standards: All construction and materials controls for a project shall
conform to the requirements in effect as the time of the completion of the improvements set forth
in the "Standard Specifications for Road and Bridge Construction" provided by CDOT.
5.0 Traffic Control: Prior to the construction in the County right-of-way and as a
condition of issuance of any access permit or right-of-way permit, the applicant shall submit a
traffic control plan for County review. During construction, signage shall be posted in
accordance with the then current version of the "Manual of Uniform Traffic Control Devices".
6.0 Off -Site Dust Control: County will determine the proportionate share of dust
control and/or paving costs to be paid by Property Owner based upon then current truck trip
counts that identify traffic loading due to Property Owner -sourced traffic. The amount and
extent of dust control and paving measures will be determined by site -specific conditions at the
time, as determined exclusively by County personnel.
In order to accurately determine percentage of Property Owner 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 Property
Owner (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.
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The County will have sole responsibility for determination of the percentage of truck traffic on
all affected roads.
6.0 Future Improvements: Future improvements and maintenance to the haul route(s)
designated in this Agreement 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 all
Colorado Department of Transportation (CDOT) access issues associated with afore -mentioned
haul route. Future CDOT or County mandated measures may include improvements to the
following intersections if it is determined by the County that the Property Owner is utilizing the
intersections: State Highway 60 and WCR 38.5, State Highway 60 and WCR 38(Eastem
Portion), US Highway 85 and WCR 38.5, and US Highway 85 and WCR 38. 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 and road
maintenance. Incidental use of intersections at State Highway 60 and WCR 38.5, State Highway
60 and WCR 38(Eastem Portion), US Highway 85 and WCR 38.5, and US Highway 85 and
WCR 38 up to and including 5 trips per day will be allowed; site specific truck traffic in excess
of 5 trips per day to or from the Noble Energy facility (USR-1662), trigger the above -mentioned
improvements. County personnel alone shall make all determinations regarding the gathering of
and use of traffic data when making decisions regarding the need for road maintenance and 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 each
improvement, namely the application for the grading permit or Right -Of -Way access permit
resulting from the commencement of activities on the property(s). At that time, Property Owner
agrees that all on -site and offsite improvements shall be completed within the parameters
established in Section E.-7.2 and Exhibit B, herein.
B. Haul Routes:
1.0 Established Haul Routes:
a. All trucks will enter and exit the site via the proposed access road directly
onto WCR 38 at the plant site. The designated haul route shall be east from the
facility on WCR 38 to State Highway 60, at which point traffic can disperse north
or south. No facility related traffic will enter or exit the site to the west.
In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned
haul route for a limited period of time which shall be established by County at the time that the
deviation is allowed. If County approves such deviation, trucks will utilize paved county roads
whenever possible. No haul truck may exceed CDOT required specifications for pounds per axle.
2.0 Haul Route Signage: Property Owner shall install haul route signs at all exit
points of the Property which can be clearly seen by drivers leaving the facility and which clearly
depict County approved haul routes.
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3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads
other than those specifically authorized for use in this Agreement is permitted without the prior
written amendment of this Agreement.
4.0 Effect of Future Changes to Haul Routes: In the event that County is requested
by Property Owner or site operator to approve the use of an additional access, new haul route, or
an alternative haul route as a result of a change in Property Owner's site activities and/or truck
circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved
portion of County roads, and if County determines that dust control or paving is required on the
unpaved portion of said haul route roads, Property Owner agrees that dust control or paving
measures to protect the public health, safety, and welfare shall be instituted.
County will determine the proportionate share of dust control and/or paving costs to be paid by
Property Owner based upon then current truck trip counts that identify traffic loading due to
Property Owner -sourced traffic. The amount and extent of dust control and paving measures will
be determined by site -specific conditions at the time, as determined exclusively by County
personnel.
C. Road Maintenance Requirements:
1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner agrees
to excavate, repair, or patch any damage on current or future haul route roads, which in the sole
opinion of County has been created by heavy truck hauling from the Property. Should Property
Owner's site activities and/or should Property Owner's truck circulation patterns change in the
future so that County approves an alternate haul route, and all or a significant portion of Property
Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes
other portions of County roads, Property Owner shall cooperate with County in maintenance of
said roads. The type and method of repair will be determined by the County Engineer or his
representative, and shall require a written amendment to this Agreement executed by County and
Property Owner. All repairs shall commence within thirty (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
based on the number of then current truck trips on the haul route.
4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is
anticipated that Property Owner and other Property Owners subject to agreements similar to this
Agreement will perform the required road maintenance work and will share in the equipment,
labor, and materials required. Any such sharing arrangement between Property Owner and others
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shall be conducted pursuant to separate agreements between the Property Owner and other
Property Owners. County shall approve the Agreements only to determine whether the required
improvements/maintenance projects have been adequately addressed. County alone shall
determine the sufficiency of all road improvement/maintenance projects when completed.
5.0 Violation of Terms of Agreement: If Property Owner does not perform as
outlined in this Agreement and Exhibits A and B such non-performance will constitute a
violation of Property Owner's land use permits granted by County, and County will take
whatever remedial measures it deems necessary, against Property Owner. In addition to any
other remedy available to the County in law or equity, a failure to comply with this Agreement
shall be considered grounds for revocation of USR-1662 as it now exists or may, from time to
time, be amended in accordance with the procedures of the Weld County Code.
D. On -Site Improvements:
1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and
maintain the landscaping of the property. Specifically, Property Owner shall at its own expense,
plant, install and maintain all trees, grass and shrubs and other landscaping described and
enumerated on Exhibits A and B which are attached to this Agreement. Additionally, the
Property Owner shall install and maintain fencing to screen the exterior of the property.
Specifically, Property Owner shall at its own expense install and maintain fencing described and
enumerated on Exhibits A and B which are attached to this agreement.
2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its
own expense, grade and/or pave specified roadway portions, and install accepted drainage
facilities, in the interior portion of the property in accordance with the directives of the Weld
County Department of Public Works and Department of Planning, as described in Exhibits A and
B which are attached to this Agreement. Refer to Section A., paragraph 1.0 of this agreement for
specific paving requirements extending into the facility site from WCR 38. Additional
infrastructure improvements will be addressed at the time of application for an amended USR.
3.0 Timing of Improvements: Property Owner shall not be required to complete the
landscaping requirements until the occurrence of the triggering event for all improvements,
namely the application of the grading permit or an amendment to the existing USR. At that time,
Property Owner agrees that all landscaping shall be completed within the parameters established
in Section E. 7.2 and Exhibit B.
E. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all
engineering services in connection with the design and construction of the improvements listed
on Exhibit "A," according to the construction schedule set forth in Exhibit "B," both of which
are attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
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conform to the standards and criteria established by the County for public
improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road
improvements on public rights -of -way or easements and all improvements
interior on the Property for approval prior to the letting of any construction
contract.
2.0 Rights -of -way and Easements: Before commencing the construction of any
improvements herein agreed upon for public rights -of -way or easements, Property Owner shall
acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and
facilities traversed by the proposed improvements. All such rights -of -way and easements used
for the construction of roads to be accepted by the County shall be conveyed to the County and
the documents of conveyance shall be furnished to the County for recording.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements listed on Exhibit "A" and described in parts A and D of this agreement, which is
attached hereto and incorporated herein by reference, with the improvements interior to the
Property being completed by the dates set forth on Exhibit "B" (On -site), and improvements to
public rights -of -way or easements being completed also in accordance with the schedule set forth
in Exhibit "B" (Off -site). 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 Said USR improvements shall be completed, according to the terms of this
Agreement, within the construction schedule appearing in Exhibit "B."
The Board of County Commissioners, at its option, may grant an
extension of the time of completion of items shown on Exhibit "A" upon
application of the Property Owner subject to the terms of Section 6 herein.
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4.0 Release of Liability: Property Owner shall indemnify and hold harmless the
County from any and all liability loss and damage County may suffer as a result of all suits,
actions or claims of every nature and description caused by, arising from, or on account of said
design and construction of improvements, and pay any and all judgments rendered against the
County on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees, or otherwise except for the liability, loss, or damage arising from the intentional torts
or the gross negligence of the County or its employees while acting within the scope of their
employment. All contractors and other employees engaged in construction of the improvements
shall maintain adequate worker's compensation insurance and public liability insurance coverage,
and shall operate in strict accordance with the laws and regulations of the State of Colorado
governing occupational safety and health.
5.0 Warranty of Road Improvements: Property Owner shall warranty all
improvements to public rights -of -way, including all privately created and maintained roads or
rights -of -way, or easements for a period of (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 shown on Exhibit "B,"
but such use and operation shall not constitute an acceptance of said
portions.
6.2 County may, at its option, issue building permits for construction on lots
for which the improvements detailed herein have been started but not
completed as shown on Exhibit "B," and may continue to issue building
permits so long as the progress of work on the USR improvements in that
phase of the USR is satisfactory to the County, and all terms of this
Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of improvements within the USR and
required offsite improvements, and the filing of a Statement of Substantial
Compliance, the applicant(s) may request in writing that the County
inspect the improvements and recommend that the Board of County
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
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recommendation from the County Engineer for acceptance of
improvements within the USR, the Board of County Commissioners shall
fully accept said improvements as public but with private pay.
7.0 General Requirements for Collateral:
7.1 County requires Property Owner to provide collateral to guaranty all of
Property Owner's obligations under this Agreement: (1) Completion of all
improvements described in this Agreement.
7.2 Collateral submitted to Weld County to guarantee completion of the
improvements listed in Exhibit "A," must be equivalent to fifteen percent
(15%) of the value of the improvements as shown in this Agreement. Such
collateral shall be provided to the County on the dates set forth herein and
shall be held in total until all improvements have been completed. This
collateral must be submitted to County upon the approval of this
Agreement by the Board of County Commissioners.
7.3 Warranty collateral shall be submitted to County and shall be held in total
by the County for one (1) year following its written acceptance of the
improvement(s).
7.4 Collateral may be in the form of an irrevocable letter of credit (LOC) in an
amount equivalent to (15%) of the total value of the improvements set
forth in the Improvements Agreement; the LOC shall be subject to the
requirements of Weld County Code Section 2-3-30 B. The Property
Owner shall utilize only a County approved form when obtaining an LOC:
(IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF
COUNTY COMMISIIONERS OF WELD COUNTY, COLORADO). A
copy of said form shall be provided to Applicant upon request.
7.5 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 fifteen percent (15%) 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 fifteen percent (15%) of the value of the
improvements set forth in the Improvements Agreement.
8.0 Request for Release of Collateral: Collateral shall be released in accordance with
the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire
project or for a portion of the project by Weld County, the Property Owner must present a
Statement of Substantial Compliance from an Engineer registered in the State of
Colorado(hereinafter "Engineer"), that the project or a portion of the project has been completed
in substantial compliance with approved plans and specifications documenting the following:
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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 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 Commissioners.
9.0. Successors and Assigns: Except as specified below, this Agreement may
not be delegated or assigned in whole or in part by either party hereto without the express written
consent of the other party and the written Agreement of the party to whom the obligations under
this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably
withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain
the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all
of the Property or business operation conducted thereon, provided further that County's consent
to such does not relieve Noble Energy 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
M:AAGREEMENTS\Road-ImprovA2009\Noble Energy (USR-1662)AUSR- 662 IA ( 10- 6 09) Final.doex
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111111111111111111111111 III III 1111111 III 111111E III!
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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.
11. Violation of Terms of Agreement: If in County's opinion, Property Owner has
violated any of the terms of this Agreement, County shall notify Property Owner of its belief that
the Agreement has been violated and shall state with specificity the facts and circumstances
which County believes constitute the violation. Property Owner shall have fifteen (15) days
within which to 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 & C. 5.0 of this Agreement, and a failure to enter into such
Agreements in a timely manner.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
OWNEPROPERTYI� �
OWNER: VVVV ����1111����"''
P. David Padgett
PROPERTY Attorney -in -Fact
OWNER: od ah.44y. //v0,
,a/
Subscribed and sworn to before me this i S1 --day of pitIUt'/1ple1' ter/
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk William F. Garcia, Chair
NOV 2 3 2009
BY:
Deputy Clerk
he'Board
APPROVED AS TO FORM:
M:AAGREEMENTS\Road-ImprovA2009ANoble Energy (ESP-1662)AUSR- 662 IA ( 10-16-09) Final.doex
Page 10 of 10
1111111 11111 111111 111111 11111 111 1111111 III 11111111111
3666724 12/23/2009 10155A Weld County, CO
10 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
CP\
cQcc%-3G'6:
EXHIBIT A - Cost Sheet (OFF -SITE)
Name of Subdivision, PUD, USR, RE, SPR:/lSR— 1641 "No6k R pcYarot n Filing/Case #: Lot CJ ginpf LI Location: I as Ty c Il 3 a
Personnel Contact: Name 6r -r1 1Q.ckn -ei Title Fa -c.../, b ksv7 in -co -Phone tab 78S 5o 7r
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throuut this facility the following improvements.
Improvements
blank they do
(OFF -SITE)
(Leave spaces where not apply)
Quantity
Units
Unit Costs ($)
Estimated Construction
Cost (s:
Site Grading
Street Grading
Street Base
Street Paving
/ S O
S i
t G?/S Y
$ //,, s aao
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
13 D
L F
$ J30 /LF
3 i s Goo
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 S({ Ns
44
e o✓
$ Sop An
$ .2 000
J
Fencing Requirements
Landscaping
Park Improvements
Telephone
Gas
III 1111111III 11
55A Weld County, CO
Steve Moreno Clerk
Electric 111111111111IIIIIIIIIIIIIIIII
III III 1111
Transfer
12/23/2009 10
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& Recorder
SUB -TOTAL:
a 9 /a o.
Engineering and Supervision Costs $
(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 $ 3°2,133,00
38/3
EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
By:
Applicant
Date , 20 _
Title
By:
Applicant
Date , 20 _
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1111111 Iilll IIIIII 11111111111 III 11111 III 111111 III IIII
3666724 12/23/2009 10:55A Weld County, CO
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M:WGREEMENTS\Exhibits\Exh A off-site.xls
EXHIBIT //IB`�-//Time
11 Schedule
� (ON -SITE) &/(O1FF-S�yIwTE)) (� 7 ? (�
Name ofSubdivision, PU'D, USR, RE, SPR:µ.5g /& tiedak pe. T4 /Filing/Case #:Lot cods Loce on:'aP f �- CR3 2
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements
O -Pit ITc&tS tort plcre
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
(Leave spaces blank where they do not apply )
Time Schedule
WAS7TEl
fOFF-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 Arca
Street Lighting
Street Names
Signage & Pavement Marking
Fencing Requirements
Landscaping
Park Improvements
Telephone
Gas
Electric
Water Transfer
Final Completion Date for Entire Project
/I
1111111 11111 111111 111111 1 11111111111111111111111 1111111
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EXHIBIT B - Time Schedule- Signature Page
The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion
for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot
be met.
By:
Applicant
Date , 20
Title
By:
Applicant
Date , 20
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
11111111111111111111111111111 III 1111111 III 111111 III IIII
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M:WGREEMENTS\Exhibits\Exh B Time Schedule.xls
INVOICE NUMBER
INVOICE DATE
DESCRIPTION
DISCOUNT
NET AMOUNT
102009WELD
20-OCT-09
BOND FOR ROAD AT PIPEYARD
0.00
4,940.00
0.00
4,940.00
NOBLE ENERGY, INC.
10/21/09
2009114041
150191
P.O. BOX 909 110 W. BROADWAY
$****4,940.00
DATE
CHECK NO.
ACCT. NO.
ARDMORE, OKLAHOMA 73402 (800) 220-5824
TOTAL
PLEASE DETACH BEFORE DEPOSTING CHECK
NOBLE ENERGY, INC
P.O. BOX 909 '.110 W BROADWAY.'`
ARDMORE; OKLAHOMA 73402 (800) 220-5824
1O/21/09
PAY
TO THE
ORDER
OF
DATE
CHECK NO.
200911-4041
JPMorgan Chase Bank NA
TEXAS CONTROLLED DISBURSEMENTS
DALLAS, TX 75201'
111100 0002
EXACTED4,940dolsOOcts
Four Thousand ,Nine Hundred Forty Dollars And 00 Cents***
WELD COUNTY BUILDING DEPT
918 10TH STREET
GREELEY, CO 80631
United States
11111111111111111111111 VIII III 111111 III 111111111111
2009114041
32-88/1113
$****4,940.00`
3666724 12/23/2009 10:55A Weld County, CO
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