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Home My WebLink About20073150 RESOLUTION RE: APPROVE LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT, AND IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1533 -ASPHALT PAVING COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,on March 15, 2006, the Weld County Board of Commissioners approved Use by Special Review Permit#1533,for Asphalt Paving Company, 14802 West 44th Avenue, Golden, Colorado 80403, for a Mineral Resource Development Facility, including asphalt batch and recycling plants, concrete batch plant, materials blending, import of materials, and gravel mining, in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the NW1/4 of Section 25, Township 1 North, Range 67 West of 6th P.M., Weld County, Colorado WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with a Long Term Road Maintenance and Improvements Agreement,and an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance), for the Wattenberg West Sand and Gravel Mine between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Asphalt Paving Company, with terms and conditions being as stated in said agreements, and WHEREAS, the Board has been presented with Irrevocable Letter of Credit #1356 from Colorado Business Bank, Attn: Loan Operations, 3rd Floor, 821 17th Street, Denver, Colorado 80202, in the amount of$118,648.00, and WHEREAS, after review, the Board deems it advisable to approve said agreements and accept said Irrevocable Letter of Credit 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 Long Term Road Maintenance and Improvements Agreement, and the Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance)between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County, and Asphalt Paving Company, be, and hereby are, approved. 2007-3150 PL1824 00 % Pc Pb) , dr�� //-it/- 0°1 IMPROVEMENTS AGREEMENTS - ASPHALT PAVING COMPANY PAGE 2 BE IT FURTHER RESOLVED that Irrevocable Letter of Credit #1356 from Colorado Business Bank, Attn: Loan Operations, 3rd Floor, 821 17th Street, Denver, Colorado 80202, in the amount of$118,648.00, be and hereby is, accepted. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 8th day of October, A.D., 2007. BOARD OF COUNTY COMMISSIONERS I�� WELD COUNTY, COLORADO 6) 11 ATTEST: J;.J.t �'/! V <F, H ' EXCUSED Weld County Clerk to th '� David E. Long, Chair 4S_ William H. Jer e, Pro-Tern BY:��.f�r�al � 7 I.•e-fy,,,ul De. y CI- to the Boa . (491 - Wil m F. Garcia OV A RM: c. Robert D. Masden u Attorney -- � �� wn/ Douglas ademacher Date of signature: f 0131 /O 2007-3150 PL1824 MEMORANDUM TO: Michelle Martin, Planning Services DATE: September'/ 25, 2007 FROM: Donald Carroll, Engineering Administrator }.�l/ nik SUBJECT: USR-1533, Asphalt paving Company COLORADO The Weld County Public Works Department has received and reviewed the three Improvements Agreements associated with the proposed USR-1533, Asphalt Paving Companies, the Wattenburg West Sand and Gravel Mining Operation. In reviewing the Exhibit A portion of both the private road maintenance and public road maintenance items, the Weld County Public Works accepts all three agreements as being reasonable. All other non-transportation items shall be verified by Planning Services prior to scheduling. The Weld County Public Works Department shall forward the original agreements to the Clerk to the Board for review and scheduling. Please find attached the two of the three agreements to be scheduled by the Public Works Department. The remaining private road maintenance agreement shall be scheduled by Planning Services, as it deals with landscaping and other non-transportation items. All three agreements should be scheduled for one hearing, as they are all associated with one USR case. pc: USR-1533 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1533.DOC MEMORANDUM TO: Clerk to the Board DATE: September 25, 2007 • FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: Agenda Item Please submit this enclosed item for the Board's next agenda: Long-Term Road Maintenance and Improvements Agreement And Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) Both for USR-1533 Asphalt Paving co., Wattenburg West Pit The appropriate documentation is attached. Enclosures pc: Planning staff M:\Francie\AgendaDonald nonex.doc h£ :Z d 9Z d3S LOOT S21? lu SSl '33 ,11333 3l?m �L /LI7 857 COUNTY OF WELD, STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this r64sa day of Qryd b'z f' , 2007, by and between the County of Weld, State of Colorado,hereinafter called"COUNTY"and Asphalt Paving Company(USR-1533), hereinafter called"OPERATOR." WHEREAS, OPERATOR has acquired land use permits from the COUNTY for gravel mining and plant operations on 135 acres. The property is comprised for two parcels. Lot B of Recorded Exemption RE-3007,being a portion of the north'A of the Northwest'''A and Southern most parcel is legally described as: South '/2 of the Northwest 1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado and WHEREAS,other gravel operators are operating similar gravel pits in the immediate vicinity of the above mentioned gravel pit, and WHEREAS, the gravel pits generate an increase in heavy traffic, and WHEREAS, the existing County roads that serve the gravel pits shall require increased maintenance and improvement due to the increase in heavy truck traffic, and WHEREAS,the existing Weld County Road 6 that serves the gravel pits and plant site will require increased maintenance and improvement due to the increase in truck traffic, and WHEREAS,haul trucks average 25-ton capacity and access the site throughout the working day. Approximately 50 round trips occur each working day. Employee,vendor,passenger vehicles, and light trucks will also access the site as necessary. WHEREAS, COUNTY and OPERATOR have reviewed maintenance and improvement proposals put forth by OPERATOR,and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said gravel pits. NOW,THEREFORE,in consideration of the mutual covenants and conditions hereinafter set forth, COUNTY and OPERATOR mutually agree as follows: 1. OPERATOR will have the following duties for the duration of any material haulage from the Wattenberg West Pit(permitted as USR-1533)with the legal description: Lot B of Recorded Exemption RE-3007 being a portion of the north 'A of the Northwest 'A and Southern most parcel is legally described as: South 1/2 of the Northwest 1/4 of Section 25,township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado and �11111111111111111liii11111111111111111III11111lIIIIIII - 1 - 3515857 11/06/2007 03:11P Weld County, CO 2007-3150 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk:Recorder Haul Route(s) A. The Eastbound route is defined as follows: exit Wattenberg West Pit operation's main entrance, east on WCR 6 to U. S. Highway 85, thence North or South (approximately 90%) B. The Westbound route is defined as follows: exit Wattenberg West Pit operation's main entrance, West on WCR 6 to I-25 (approximately 10%). C. If operator's distribution and/or daily trips change more than 20%, additional requirements for upgrading and maintenance shall be required. Improvements D. OPERATOR shall complete the road improvements associated with the proposed operation and as outlined below. E. OPERATOR shall complete the haul route improvements prior to hauling material into or off of the site. Haul route improvements will be completed no later than five (5)years from the date of this agreement whether hauling has commenced or not. F. OPERATOR will provide testing services and inspection for the construction of the improvements. The COUNTY will only provide oversight. A registered professional engineer,registered in the State of Colorado,shall provide the COUNTY with a letter that certifies the proper installation of the improvements. G. OPERATOR shall pay 100%of the improvements on WCR 6 for their main entrance improvements. H. The safety improvements shall include: OPERATOR shall provide design and construction plans showing improvements to WCR 6 at the main pit entrance, including additional asphalt,adequate turning radiuses,left turn slot,and acceleration lane, match of the existing base and asphalt cross section. I. The approach road from the scale house and small paved parking lot shall be widened and paved to accommodate truck traffic. J. These design drawings will require approval by the Public Works Director/County Engineer or his representative. A registered professional engineer registered in the State of Colorado must prepare the construction plans. The plans, when reviewed and approved, will constitute a section of this agreement. They will be attached hereto and referenced as Exhibit"A." K. The OPERATOR shall warrant and guarantee all improvements for a period of one year from completion. 1131l fill IIIIIIIIII MEN IIIIIIIIIl,k11) IIIIIII _ 2 - 3515857 11/0612007 03:11P Weld Coder CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Maintenance L. OPERATOR agrees to excavate, repair, or patch any damage on said road that has been created by heavy truck hauling from Wattenberg West gravel pits. The type and method of repair will be determined by the Public Works Director/County Engineer or his representative. The repairs shall commence within thirty(30) days of receipt or our written notice. M. There will be annual road inspections in the spring to determine actual conditions and what work is to be performed that summer if any repairs are needed. N. At any time in the future,if road damage has increased beyond the point that repair of damage can reasonably restore the road, OPERATOR will pay a proportionate cost share based on truck traffic using the haul route in the reconstruction of those parts of said road. O. If reconstruction is required, OPERATOR shall pay a proportional share of the cost to reconstruct. The share will be determined by dividing the volume of the site- generated trucks by the total volume of trucks. The COUNTY will provide the traffic volumes. 2. Prior to the start of mining, the COUNTY AND OPERATOR will document the existing condition of the roadways. This effort will ensure that OPERATOR will not be held responsible for existing roadway damage, if any. 3. Failure of either party to perform any of its respective obligations hereunder by reason of acts of God, strike, or acts of any governmental agency or authority having jurisdiction over matters set forth herein shall excuse timely performance of such obligations, but shall not excuse the performance of such obligations as soon as reasonably practical. The parties may, however,mutually consent to excuse a party from performing any obligation,in whole or in part,upon a showing that performance has been rendered impracticable by reason or FORCE MAJEURE. 4. This Agreement may not be assigned in whole or in part by either party hereto without the written consent of the other party. Such consent will not be reasonably withheld, conditioned, or delayed. 5. If any clause or provision of this Agreement is illegal,invalid,or unenforceable,then it is the intention of the parties that the remainder of this Agreement shall not be affected. 6. Should OPERATOR sell its operation,cease operating,file bankruptcy,or in any way release ownership and responsibility of the permitted property, this Agreement as set forth herein, shall be terminated. If the aforementioned release should occur, OPERATOR shall give a minimum notice of ninety(90) days to the COUNTY before the date of termination. If the aforementioned release should occur, the COUNTY shall have the option of immediately terminating this Agreement. Notwithstanding the terms of this paragraph,the requirements 111111111111111111MI111111IE111111III11111IIII101 - 3 3515857 11/06/2007 03:11P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder of USR-1488 shall not be waived by the terms of this paragraph and the failure to have a maintenance Agreement in effect may be grounds to revoke the USR-1533. 7. All construction and material controls for a project will be in accordance with the current Standards Specifications for Road and Bridge Construction, as supplemented or revised, provided by the Colorado Department of Transportation. During construction,signage shall be posted in accordance with the most current Uniform Manual on Traffic Control Devices. 8. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 9. Indemnification: To the extent authorized by law, OPERATOR agrees to indemnify,save, and hold the COUNTY harmless from and against any and all claims, damages,losses, and judgments, which may be suffered or incurred by the COUNTY as a consequence of any breach by OPERATOR of its obligations and duties set forth in this Agreement on those portions of the haul route described in this Agreement. In the event that any dispute shall arise under this Agreement,the prevailing party in such dispute shall be entitled,in addition to any other relief to which such party may be granted, to recover its reasonable attorney's fees and court costs incurred in connection with the resolution of such dispute. 10. By entering into this Agreement, the parties do no intend, either expressly or implicitly,to create a joint venture or partnership. Except as provided herein,neither party shall have the right or authority to act for,or on behalf of,or to enter into any obligations which are binding on the other party to this Agreement. 11. All notices to be given under this Agreement shall be in writing and delivered in person,or mailed by certified or registered U.S. Mail, or sent by a nationally recognized overnight delivery service,to the party to receive such notice at the following addresses: Weld County Board of Commissioners (COUNTY) P.O. Box 758 Greeley, Colorado 80632 Asphalt Paving Co (OPERATOR) 14802 W. 44th Avenue Golden, CO 80403 All notices shall be effective upon receipt by the party to receive such notice, or by the third day following deposit of said notice in U.S. Mail,or the first day following deposit of acknowledgement of refusal of delivery of said notice. 11111111111111111111111111111111111111111111111111 4 3515857 11/06/2007 03:11P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement the day and year first above written. WHEREFORE,parties have hereunto set their hands and seals the date and year first written above. ATTEST: ASPHALT PAVING COMPANY By: 2-.(3 i e (plea print) ATTEST: n 1j OARD OF COUNTY COMISSIONERS ; w i,I%* r� �J M LD COUNTY, COLORADO Weld County Clerk to the Board cif t11-2, � • By: lbi1Fq&42Tp y: (7-l eputy lerk to the Bo d William H. Jerke, Pro-Tema+T 0 8 2001 M:\AGREEMENTSRoad-Improvk200AAsphal[Paving Company.doc 111111111111 HOE IIII11111111111111111 III 11111 1111 11 - 5 3515857 11/06/2007 03:11P Weld County, CO 5 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder ? ,OD7-5/51 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this'T'A day of 06-4,,,e , 2007, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County, and Asphalt Paving Company(USR-1533)hereinafter called "Applicant." WITNESSETH: WHEREAS, Applicant is the owner of, or has a controlling interest in the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption No. RE-3007, being a portion of the North '/z of the Northwest Section 25, Township 1 North, Range 67 West, 6th Principal Meridian, County of Weld, State of Colorado; listed in the Weld County Assessor's Office as Parcel No. 146925000020 and South 'h of the Northwest '''A Section 25, Township 1 North, Range 67 West, 6t° Principal Meridian, County of Weld, State of Colorado; listed in the Weld County Assessor's Office as Parcel No. 146925000002. WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known as Wattenberg West Sand and Gravel Mine has been submitted to the County for approval, and WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits A and B of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development _ improvements listed on Exhibit AA,@ which is attached hereto and incorporated herein by reference. — cc 1.1 The required engineering services shall be performed by a Professional Engineer and v Land Surveyor registered in the State of Colorado,and shall conform to the standards 0 and criteria established by the County for public improvements. = CU te' d 1.2 The required engineering services shall consist of, but not be limited to, surveys, d designs, plans and profiles, estimates,construction supervision, and the submission - a of necessary documents to the County. —r °--' 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision H or Planned Unit Development to the County for approvalprior to the letting of moo P PP any 0 00 =fig 1 —o • ••••• X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERC WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PUBLIC- t r 042407.DOC -m construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of- way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit AA,@ which is attached hereto and incorporated herein by reference,according to the construction schedule set out in Exhibit AB@ which is also attached hereto and incorporated herein by reference. 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 for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; 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 Applicant'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 Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement,within the construction schedule appearing in Exhibit AB.@ The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit AB@ upon application by the Applicant subject to the terms of Section 6 herein. 111111111111111111111111111111111 IIIIIIIII11111 11111111 3515856 11/06/2007 03:11P Weld County, CO 2 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2 X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PUBLIC- 042407.DOC 4.0 Release of Liabilib/: Applicant 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. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence,the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit AB,@ but such use and operation shall not constitute an approval of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit AB,@ and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development 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 streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets,and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he or she shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development,the Board of County Commissioners shall fully approve said streets as public but with private pay. 11111111111 1111111111 111111 HID 111111 III VIII IIII IIII 3515856 11/06/2007 03:11P Weld County, CO 3 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3 X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PUBLIC- 042407.DOC 7.0 General Requirements for Collateral: 7.1 The improvements shall be completed prior to any hauling into or off of the site and in any case no later than five (5)years from the date of this agreement. 7.2. The collateral amount may be adjusted annually to reflect increases in cost based on the "Consumer Price Index (CPI) for the Urban Consumers. Boulder-Denver- Greeley-All Items" as published by the Federal Bureau of Labor Statistics. 7.3 Weld County shall have the authority to require such increases in the collateral amount. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits AA@ and AB.@ 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general 9 improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the 62 x Letter of Credit will sign the Improvements Agreement acknowledging the r. C•3Y agreement and its cost estimates. - 0 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total E Letter of Credit amount cannot be drawn upon and will remain available to 3 Weld County until released by Weld County. r H 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the a r Letter of Credit shall be either the date of release by Weld County of the a co o final fifteen percent(15%),or one year from the date of Final Plat approval, a pro whichever occurs first. Said letter shall stipulate that, in any event, the — _coo . 4 aTC_ a co N X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATrENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVALU01-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\0402LIMPROVEMENTSAGREE-PUBLIC- a-10 0 042407.DOC -o,0 Letter of Credit shall remain in full force and effect until after the Board has received sixty(60)days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development 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 development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for a -o improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld a°Jc County Board of Commissioners. mom i Via.d 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial o" institution. i •—• 0 c �U N m2 8.3.4 If Weld County determines there is a default of the Improvements 0 Agreement,the escrow agent,upon request by the County,shall release any M r °3 remaining escrowed funds to the County. wry 2, � O o = _N 5 co --O cc X:\PROJECTS BV CLIENT\ASPHA LT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PUBLIC- IG N co „ 042407.DOC = n co ��o —171n 8.4 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 as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 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 approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling,testing and inspections found in the Colorado Department of Transportation(CDOT)Materials Manual. 9.3 "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 approval from the County Engineer. 9.4 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. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate on -o if the fire hydrants are operational and state the results of fire flow tests. 0 O a6 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction "Y plans. 00 c 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) ego Pp ty, may M 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. (n -T c o 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in d the amount of fifteen percent(15%) of the value of the improvements as shown in - O this Agreement excluding improvements fully accepted for maintenance by the -o c responsible governmental entity, special district or utility company. -co n cc LO -co M =r o 6 _co CO X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PUBLIC- 042407.DOC • 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, Subdivision or Planned Unit Development, requires the dedication, development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development(PUD)Plan, if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined according to Chapter 24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described,and shall be binding upon the successors in ownership of said land. — d 0 (a d cc =o a6 -VY = CU O (O0C y -9 - a, d M r(A -T O C if; —o —o -moo -� . 7 cc m cm X:\PROJECTS BY CLIENT\ASPH.ALT PAVING\04021-WATTENBERG WESTWHASE III-SUBMITTAL THROUGH --� APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PUBLIC- -T"- 042407.DOC o (Dn IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. ASPHALT PAVING COMPANY By: TITLE: Subscribed and sworn to before me this l9 day of Aire" , 2007. .••OTAgR°. 'III ( :i J. . My Commission expires: `' �✓ f : i I Notary Publ f p • i / / •S J loll-`/it; IIIN•.,A • I : / 0 • IIOf :\ (rgL\G dos 1I`FO.F CO�Or, MyCommissbn Ezpires0712412009 ATTEST: j� � /A i La OARD OF COUNTY COMMISSIONERS (Jat ,, / !�" LD COUNTY, COLORADO Weld County Clerk to the Board • u /�..)9 H. Jerke, Chair Pro pp T" 0 8 2007 Dep Clerk the Board --V::: 7'-' -------I.....-7, / APPROVED AS TO FORM: "' County Attorney `- o V - cc a e6 V Y = =0 O O G C3 N 7 O d 1 N --N �0c, en O n _co O _N -_CDC 8 _O - cc X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH to 04 APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PUBLIC- LO 042407.DOC =ao �U3is y o-C.,CO o?GY92-315e) EXHIBIT AM Name of Subdivision or Planned Unit Development: Wattenberg West Sand and Gravel Mine Filing: USR- 1533 Location: WCR 6 and WCR 23 1/2 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 2,352 CUYDS $15 $35,280 Street grading 1,930 SQYDS $2 $3,860 Street base 1,115 TONS $4 $15,610 Street paving 865 TONS $65.20 $56,398 Curbs,gutters,and culverts Signing and Striping Lump $7,500 Sum 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 Park improvements v Road culvert C8J Grass lined swale Telephone a ea imm Gas is Electric 0 E Water transfer �" d SUB-TOTAL: $118,648 �9 `o — dam CD Engineering and Supervision Costs $ Included in above pricing == -T(n c o (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual o construction by contractors) 0 —^o—o N o TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 118,648 =100 —oo mimr 9 mom to S 10 T X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH tra APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PUBLIC- 0 042407.DOC 1-rn 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 c,mplet d according to the construction schedule set out in Exhibit AB.@ By: g :Apse*cant Date: Ars/ 12 Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 111111111111111111 IIII 111111 HID 111111 III 111111 III IIII 3515856 11/06/2007 03:11P Weld County, CO 10 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 10 X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PUBLIC- 042407.DOC EXHIBIT AB@ Name of Subdivision or Planned Unit Development: Wattenberg West Sand and Gravel Mine Filing: USR- 1533 Location: WCR 6 and WCR 23 1/2 Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within 5 years from the date of approval of the final plat.Construction of the improvements listed in Exhibit AA@ shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Note: All Improvements shall be completed in the time frames described in Street base this agreement Street paving 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 d Survey and street monuments and boxes Pa Street lighting - rc Street name signs „� Fencing requirements immLandscaping o.' Park improvements C Road culvert o'2 Lie Grass lined swale Telephone Gas a_co —r Electric o o Water Transfer — o SUB-TOTAL: *61 _g9? x 11 N • T X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH - o APPROVAW0I-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PUBLIC- 042407.DOC 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. B •V^..? ', 1cant. /t ^-5le/- lr/ Date: , 20 d . Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 1 111111 11111 111111 IIII 111111 11111 1111 III 111111 III IIII 3515856 11/06/2007 03:11P Weld County, CO 12 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 12 X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PUBLIC- 042407.DOC O72,1 Gr &'SI L._ l211 ,e1 Colorado Business Bank COBIZ Financial IRREVOCABLE LETTER OF CREDIT NO. 1356 August 10,2007 821 17th St. Denver, CO 80202 cobizbank.com Weld County Board of Commissioners ATTN: Clerk to the Board P.O. Box 758 Greeley, CO 80632 RE: Asphalt Paving Co. 14802 W.44th Ave. Golden,CO 80403 Dear Sir or Madame: We hereby open our Irrevocable Letter of Credit in your favor for the account of Asphalt Paving Co., 14802 W.44th Ave.,Golden, CO 80403,for a sum not to exceed the aggregate of One Hundred Eighteen Thousand Six Hundred Forty-eight and no/100($118,648.00)US Dollars. Each draft so drawn must be marked"Drawn under COLORADO BUSINESS BANK,Attn: Loan Operations,3`d Floor, 821 17th St.,Denver,CO 80202, Letter of Credit No. 1356 and be accompanied by a"signed statement from the Board of County Commissioners of Weld County,Colorado stating that Asphalt Paving Co.has committed a material breach of the Improvements Agreement According to Policy Regarding collateral for Improvements regarding Private Road Maintenance dated the day of ,2 by and between Asphalt Paving Co. and the Board of County Commissioners of the County of Weld." This credit is subject, so far as applicable,to"The Uniform Customs and Practice for Documentary Credits, 1993 Revision,The International Chamber of Commerce Publication No. 500." We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored and presented for payment to our main office, COLORADO BUSINESS BANK,Attn: Loan Operations, 3'd Floor, 821 17th St.,Denver,CO 80202. This letter of credit will expire on August 10,2007 at 3:00 p.m. Mountain Time. This letter of credit is automatically extended without amendment, for additional one year periods from the current expiration or any future expiration date unless 60 days prior to such current expiration date COLORADO BUSINESS BANK notifies beneficiary in writing that the letter of credit will not be renewed. This letter of credit will have a full and final maturity date of September 30,2012. In the case you receive such a notification, you may draw by presentation of the following: (a)a draft at sight on COLORADO BUSINESS BANK(b)a statement purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we have received notice from COLORADO BUSINESS BANK the Letter of Credit No. 1356 will not be renewed and that Asphalt Paving Co. has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 1356; (c)copy of letter from COLORADO BUSINESS BANK non-renewal of Letter of Credit No.1356 and the original letter of credit.. Yours trul(19ey, Jeff Vice President 71 0 0 \ \ v. ) ) 1 C § P. E 0 w C cA �_ \ o rn = E - a. § ° - _ \ \ k ? . t ` \ C § \ / \ u / / / \ { / K4 § b. § \ / § a § / \ § 74 U o ? f ] \ 8 .. 3 j § ) ] � // � � \ 6 ) o \ [ / \ [ / ) �� / co O _ z g ? d ) } \ { \ � z / / ) / / \y � @e / E-4 Q k2 - = kC \ _ ® z ® 33 § & p � 3 Q C. = « = U \ ct¢ \ / E. \ \ - h (fit PHONE(970)336-7215, Ext. 4225 FAX: (970)352-0242 yul P.O. BOX 758 GREELEY, COLORADO 80632 C. COLORADO June 17, 2009 COLORADO BUSINESS BANK ATTN; LOAN OPERATIONS, 3RD FLOOR 821 17TH STREET DENVER, COLORADO 80202 RE: Letter of Credit#1356 for Asphalt Paving Company Ladies and Gentlemen: This letter shall act as a reminder of your obligations to the Board of County Commissioners of Weld County under the above-referenced Letter of Credit. As you are aware, on the 10th day of August, 2007, Colorado Business Bank issued a Letter of Credit on behalf of Asphalt Paving Company naming the Board of County Commissioners of Weld County, Colorado as beneficiary. The dollar amount of the Letter of Credit was established at One Hundred Eighteen Thousand Six Hundred Forty-eight) ($118,648.00). The terms of the Letter of Credit require that it be maintained by your institution until the 30th day of September, 2012, with auto renewal unless 60 days notice is provided. If you believe that the Letter of Credit expires prior to that date, please contact me immediately, as you are required under the terms of the Letter of Credit to replace it. If you have any questions regarding this letter or your obligations under the Letter of Credit, or if you disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000, ext. 4227. Very truly yours, Donald D. Warden /7Q Clerk to the Board /an ,, "t By:lite/BLit C/tlu Deputy Clerk the Board pc Asphalt Paving Company yOL /'d`f :moo 2- 3/50 U.S. Postal ServiceTM P- CERTIFIED MAILIM RECEIPT IT (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery inf•rmati•n visit•ur we•site at www.us•s.c•ul ru rn� .. t L „. _, v✓ .:� .... ul Postage $ m O Certified Fee — C.SV Vol" Postmark O Return Receipt Fee — ^C/ (Endorsement L/ Required) Here Restricted Delivery Fee - / flJ (Endorsement Required) ri ri Total Postage 8 Fees lPl SenkTo . /'cradc '�k_5,'ncss 84/j M1 Street,Apt No.; /^' ,(arPo aox .lTlF� '/ VL42ertdZD.1 �j. fP1C or c.•y State,ZI 7 Deli✓Pr co feaoa Hello