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Home My WebLink About20241310.tiffRESOLUTION RE: ACCEPT FULL RELEASE OF WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR19-0071 - DPG FARMS, LLC, AND CALVIN GOZA, C/O HOLCIM - WCR, 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 February 26, 2020, the Weld County Board of Commissioners approved the application of DPG Farms, LLC, 3300 South Parker Road, Suite 300, Aurora, Colorado 80014, and Calvin Goza, 1620 Holly Avenue, Greeley, Colorado 80631, c/o J-2 Contracting Company, 105 Coronado Court, Unit A-101, Fort Collins, Colorado 80525, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0071, for open mining (sand, gravel and stone) and processing of minerals, including recycle operations for concrete and asphalt. Also included is a mine office, scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage, and employee and vendor parking in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the S1/2 S1/2 and N1/2 SE1/4 of Section 1, and part of the NW1/4 SW1/4 and N1/2 of Section 12, all within Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, on February 8, 2021, the Board approved an Improvements and Road Maintenance 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, DPG Farms, LLC, and Calvin Goza, c/o J-2 Contracting Company, with further terms and conditions being as stated in said agreement, and WHEREAS, additionally on February 8, 2021, the Board accepted project collateral in the form of Performance Bond #2312108 from North American Specialty Insurance Company, 1200 Main Street, Suite 800, Kansas City, Missouri 64105, in the amount of $1,590,308.68, and WHEREAS, on September 15, 2021, the Board approved warranty collateral in the form of Bond Rider #2312108 from North American Specialty Insurance Company, 1200 Main Street, Suite 800, Kansas City, Missouri 64105, reducing the amount of Performance Bond #2312108 from $1,590,308.68 to $238,546.30, and WHEREAS, on July 31, 2023, the Board approved an Assignment and Assumption of the Improvements and Road Maintenance Agreement for USR19-0071 from DPG Farms, LLC, and Calvin Goza, c/o J-2 Contracting Company, to DPG Farms, LLC, and Calvin Goza, c/o Holcim — WCR, Inc., and 4965287 Pages: 1 of 2 06/11/2024 10:28 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO illl �1R'M l�rJ ilirglitY lib "III CC . COL /rtw/DA/STM /KR /hO 07A6/,2'i 2024-1310 PL2737 APPROVE FULL RELEASE OF WARRANTY COLLATERAL (USR19-0071) - DPG FARMS, LLC, AND CALVIN GOZA, C/O HOLCIM - WCR, INC. PAGE 2 WHEREAS, the Department of Planning Services received a request from the applicant, Chris Leone, J-2 Contracting Company, requesting the Board of County Commissioners release the warranty collateral for J-2 Contracting Company, in the form of Bond Rider #2312108 from Swiss Re Corporate Solutions, Attn: Dulce R. Huggins, North American Specialty Insurance Company, 1450 American Lane, Suite 1100, Schaumburg, Illinois 60173, that reduced the amount of Performance Bond #2312108 from $1,590,308.68 to $238,546.30, for the two (2) year warranty period that ended on May 4, 2023, and WHEREAS, upon recommendation of staff from the Weld County Departments of Public Works and Planning Services that conducted a final site inspection, the Board deems it advisable to release said warranty collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the currently held warranty collateral, in the amount of $238,546.30, procured in the form of a Bond Rider which is attached to and forms part of Performance Bond #2312108, for J-2 Contracting Company, issued by Swiss Re Corporate Solutions, Attn: Dulce R. Huggins, North American Specialty Insurance Company, 1450 American Lane, Suite 1100, Schaumburg, Illinois 60173, be, and hereby is, released. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of May, A.D., 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: �J `' ✓ ,� Weld County Clerk to the Board BY:(- /lI•lt)UAuYik APP Deputy Clerk to the Board ty Att ey Date of signature:X1512 4 4965287 Pages: 2 of 2 06/11/2024 10:28 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 1111 wRJ !I#. WM Ih ilk:.51d BIM WELD COUNTY 0 Ross, Chair Perry L. B Mike ' reeman aine Pro-Tem 2024-1310 PL2737 August 1, 2024 J-2 Contracting Company Attn: Chris Leone Email: chrisleone©i2contracting.com RE: Full Release of Warranty Collateral Performance Bond and Bond Rider #2312108 — USR19-0071 — DPG Farms, LLC, and Calvin Goza, c/o Holcim — WCR, Inc. Dear Mr. Leone: CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Enclosed please find copies of the letter to the insurance company and the released Performance Bond and Bond Rider#2312108 and a copy of the Board of County Commissioner's Resolution, dated May 22, 2024, authorizing the release of the Performance Bond and Bond Rider held as collateral in the amount of $238,546.30 for USR19-0071. If you have any questions, please contact me at (970) 400-4227, or email me at choffman@weldgov.com. Very truly yours, heryl L. off an Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Max Nader, Department of Planning Services Clerk to the Board File PL2737 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 August 1, 2024 Mrs. Dulce R. Huggins Flood and Peterson 4821 Wheaton Drive Fort Collins, CO 80525 RE: Release Performance Bond and Bond Rider #2312108 — U USR19-0071 19-0071 / USR19-0071 R 19-0071 DPG Farms, LLC, and Calvin Goza, c/o Holcim — WCR, Inc. Dear Mrs. Huggins: Enclosed please find the released Performance Bond and Bond Rider #2312108 and a copy of the Board of County Commissioner's Resolution, dated May 22, 2024, authorizing the release of the Performance Bond and Bond Rider #2312108 held as warranty collateral in the amount of $238,546.30 for the above referenced case. If you have any questions. please contact me at (970) 400-4227, or email choffman@weld.gov. ry truly yours Cheryl . H.ffma', Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Max Nader, Department of Planning Services Clerk to the Board File PL2737 i r ►- 1 oz1 orJo) t. � ol� aQci l� J w °• Ip TAU a. • �m a o O SILL a _r rrzl� W 1 v UI� tu, ei "IL Cu- rasp _Jo I 1 1 1 1 1 1 1 co to ru ru NM _ Q-. Er. 0 0 0 CD 1 0 MIll D S S N a r i re -1 RJ m S S r` U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com IAL Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees S City, PS Form 3800, April 2015 PSN 7530-02-000-9047 Postmark Here oi, - . a.._..o_F_ ..sellwaeirea SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, ., or on the front if space permits. 1. Article Addressed to: • LoliAri— f ifir2" cjt SIN 9590 9402 8258 3094 6628 94 i COMPLETE THIS SECTION ON DELIVERY A. Si X ature eived by (Printed Name) D Agent Addressee Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: p No 2. Article Number (Transfer from service label) 7021 1970 0000 9097 0428 3. Service Type D Adult Signature O Adult Signature Restricted Delivery QCertified Mail® ❑ Certified Mail Restricted Delivery D Collect on Delivery ❑ Collect on Delivery Restricted Delivery r Insured Mail Insured Mail Restricted Delivery (over $500) O Priority Mail Express® O Registered MaiITM Registered Mail Restricted Delivery D Signature ConfirmationiM O Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Swiss Re Corporate Solutions Rider to be attached to a November 23rd, 2020 on be North American Specialty BOND RI[ North American Specialty Insurance Compan Washington International Insurance Comp Westport Insurance Corpor ion 1450 American Lane, Su 1100 Schaumbur! 60173 COLLATERAL RELEASED NO LONGER REQUIRED by Board •f W Id County Commissioners date: Ag p //ea by: d form part of Bond No: 2312108 effective If of J-2 Contracting Compan executed by surance Company Commissioners of Weld Count It is hereby agreed that: Colorado The amount of thi Collateral phase of t written acceptance of from Weld County. Wri and shall be reduced to Bond, and shall be he improvements. T n acceptance and in fav . r of Board of County 15 ' • of the original amount throughout the Warranty in total by the County for (2) years following its s bond may not be canceled without written consent to for the improvements is: May 4, 2021 Bond Penalty shall be reduc • from " ,590,308.68 to $238,546.30 Nothing herein contained shall vary, alter, exte and the attached bond as amended by this ri and agreed that the liability of the attache This rider is effective on 23rd d Signed, sealed and dated this an •f the terms and conditions of the attached bond r except -s noted above, and it is expressly understood and as ame ' ed by this rider shall not be cumulative. f November 020 • day of August 2021 By: North American Spe R. Huggins Ity Insurance Company Sur a ey-in-Fact ss: w WE KNOW A laws of the ' to of New Hampshire, and having its principal offic Company a co ration organized and existing under the laws of City, Missouri, . Westport Insurance Corporation, organized u. Kansas City, Missri does hereby make, constitute and appoint: RTH AMERICAN SPECIALTY INSURANCE COMPAT HINGTON INTERNATIONAL INSURANCE COMP/ ORT INSURANCE CORPORATION GENERA! MEN BY THESE PRESENTS, THAT North Ameri SWISS RE CnRPORATE SOLUTIONS CO LLAT� RAL "'SAL RELEASED NO date:Weld �U tY Comm'R REQUIRED ///079 - of sinners by Board by: Deputy Cle to th Boar,: RUSSELL : LEAR, ROYAL R. LOVELL, KELLY T. URWILLER, STEVEN J. Lk_ t EVIN BAIRD, and SHAROLYN MAE NOLDE LOPEZ JOINTLY OR SEVE Its true and lawful Attorney(s)- obligatory in the nature of a bon law, regulation, contract or othe amount of: LLY -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and dee n behalf of each of said Companies, as surety, on contracts of suretyship as are r Ni provided that no bond or undertaking or contract or suretyship executed ' FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted an Directors of North American Specialty Insur on March 24, 2000 and Westport Insurance C Co signed by facsimile under and by the authority of the fol e Company and Washington International Insurance • gyration by written consent of its Executive Commi "RESOLVED, that any two of the President, the Secretary or any Assistant Secretary be, and each in the given Power of Attorney to execute on behalf of hereby is authorized to attest to the execution of any s such Senior Vice President, any Vice Presiden any of them hereby is authorized to e, t - Company bonds, undertakings a • wer of Attorney and to attac FURTHER RESOLVED, that the signature of such offic certificate relating thereto by facsimile, and any such Power of binding upon the Company when so affixed and in the future with `\\\OW'I Iii, � IIIi��/ 4,,cAU TY hi,_ /gel SEAL n ri Vast 1973 4,1 r4 w I-its:Qs-, r 40N * )b. ``�U111111111 11111111114 1 't10Ngl 74/ It�, •'µPO '�`rG s I SEAL Ei 0::m e. is tiNtiviegell ..... 404,1 r4tzt manouiow By Steven P. Anderson, Senior Vice & Senior Vice Pr . *dent & Senior Vice esident and the seal of the C orney or certi fic - gardtoany� By Mike A. Ito, S IN WITNESS WHEREOF, North American Special Insurance Corporation have caused their official seals this 1st day of APRIL , 20 State of Illinois County of Cook On this 1st day of APRIL , 21, before me, a Notary Public personally appeared Steven P. A ' erson , Senior Vice President of bonds or other writings may be required or permitted by er this authority shall exceed the ing Resolutions adopted by the Boards of mpany at meetings duly called and held e dated July 18, 2011. any Assistant Vice President, cute a Power of Attorney qualifying the attorney named all contracts of surety, and that each or any of them erein the seal of the Company; and it is pany may be affixed to any such Power of Attorney or to any bearing such facsimile signatures or facsimile seal shall be d, undertaking or contract of surety to which it is attached." or Vice President of Wash ent of Washington International Insurance Company orth American Specialty Insurance Company estport Insurance Corporation & ' nior Vice President of North A nior Vice President of Westport I ton International Insurance Company can Specialty Insurance Company rance Corporation Insurance Company, Washing e hereunto affixed, and these pres International Insurance Company and Westport s to be signed by their authorized officers this orth American Specialty Insurance Compa Washington International Insurance Company Westport Insurance Corporation Washington International Insuranc ompany and Senior Vice President of North American Specialty Insurance ompany and Senior Vice President of Westport Insurance Corporation d Michael A. Ito Senior Vice President of Washington International Insurance mpany and Senior Vice President of North American Specialt nsurance Company and Senior Vice President of Westport Insurance Corporation, pe ' nally known to me, who being by me duly sworn, . owledged that they signed the above Power of Attorney as officers of and acknowledged 'd instrument to be the voluntary act and deed . their respective companies. OFFICIAL SEAL M. KENNY Notary Public - State of Illinois My Commission Exports 12/04/2021 M. Kenny, Notary Pu I, Jeffre G . ' ber: , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, ashington Internatio Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correc opy of a Power o ' Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westp . Insurance Corp • . tion which is still in full force and effect. IN I ITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this / day of Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corpor BOND NO. 2312108 PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRE ‘'Ott. that J-2 Contracting Company 5 Coronado Court Unit A-101, FonO 80525 a Co oratio called `Surety" Commissio ers of Colorado, Million, Fi ofV� FO a c o 'anized under the aws of the Rete T� T-ri_th its princ' •al Rqoff . e located at 105 Coronado Cou- O f �� R, CO 8 ' 25, herei after called "Principal", ; a L'-'rance Com•an' of 1200 Main Street #8 are held and by. Weld County,reinafter called "Obligc �eioucier Hundred Ninet Thousand �.n_ Y • 3,0Nc, qs q� ate• ' Al a �R a°( gym Dollars ($1,5•x, of which wel administrators, these presents. o � �° iSSIRen, IR b s yg oard to 308.68) , lawful money of the Unitc.foard and truly made, we bind oursel ccessors and assigns, jointly and se WHEREAS, the obtain from the Oblig permit and number - USR Contracting Company - U said permit, has entered with Obligee, and th bove-bound Principal has ob a land use permit, name SPR etc) DPG Farms, LL 19-0071, and pursu i o an Improvement L erally, fined or is about to (insert the specific and Calvin Goza c/o J-2 t to the requirements of Agreement, dated //..j3_JcQ Ej WHEREAS, The Improvements Agreeme requires Principal to obtain a performance bond in an amount equal to he total cost of the improvements for which Principal is responsible..nnaming Obligee as beneficiary, and WHEREAS, the value of responsible equals One Million Hundred Eight AND NO/100 Dollar r Fiv ($1,5 vements for which Principal is Hundred Ninety Thousand, Three 9 308.68) , and WHEREAS, at completio of the Proj Agreement, the amount of t s Bond shall be the original amount throu• out the Warranty Co and shall be held in to :1 by the County for t written acceptance of e improvement(s). NOW, THEREFORE, Principal shall its undertakin Improvements demands set harmless O of Princi Obligee defaul E ct Collateral phase of the educed, by rider, to 15% of ateral phase of the Bond, (2) years following its CONDITION OF THIS OBLIGATION 11, truly and faithfully perform its covenants, terms, and conditions as reement, and if Principal shall satisfy orth in said agreement, and shall fully inde igee from all costs and damages which it may suf l's failure to perform as agreed, and shall reimburs 11 outlay and expense which Obligee may incur in makin then this obligation shall be null and void; IS SUCH, that if uties, and all of t forth in the 11 claims and ify and save r by reason and repay good any PRO DED FURTHER, that if Principal shall default in any of its ob igations set forth in the Improvements Agreement, and thereafter fully indemnify and save harmless Obligee from all costs and damag hich it may suffer by reason of said default, this obligation shal remain in full force and effect; BOND NO. 2312108 PROVIDED FURTHER, regardless of the number of years this Bond is in force, or the number of continuation certific-`°s issued, the liability of the Surety shall •ot be cumulative in amounts from G,O period and shall in no event exceed t .� e amount set forth above, or as L�,q T. � • :feteetoSe° �Rq LPRO DED FURTHER, that Surety �Ndagree that no change, exteni c/ O �� fio the ate. oU,�t NG�C terms • f the Improvements / .y Co R R � mm' . EQv thereun• r, shall in any wa) Ssto /ReO does here waive notice of n�'rS ��/ B or addition to the terms of Data PROVIDE annually automa Obligee, to gua perform its dutie conditions set fort thereof which may be the Deputy C/erk o th Boa FURTHER, this bond is NONCANL.�. r ically, from the date of this bond Lin, ntee that Principal shall well, trul and all of the undertakings, cove in the Improvements Agreement, anted by Obligee with or with The parties to this Improvements Agreement, to obtain a different Perf than Surety in the event t a B+ rating. rformance Bond acknowl ligee reserves the r mance Bond from a the rating of S h a IN WITNESS WHEREOF, this instrum each ne of which shall be deeme of 2020. cip. ecretary/Witne (SEAL) 9)/ eteet, Witness as to • rety d .n o ' ginal, this aril ants, terms, nd any extensions t notice to Surety. ge that through the t to require Principal nancial institution other ety by AM Best falls below t is e cuted in four (4) ccoypnterparts, Oc3 day J Contracting Company Principal B _itle Xiscee r - North a erican Speci lty Insurance Company • By. Du ' . Huggins, At -Fact 4821 Whea •n Drive 1200 Main Street #800 Address Address ►•llins, CO 80525 r ss PORTANT: Surety company executing bond must appear on the Treasury Department's mos current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. Bond must be accompanied with Attorney -in Fact's authority from the surety company certified to include the date of the bond. SWISS RE CORPORATE SOLUTIONS ORTH AMERICAN SPECIALTY INSURANCE COMPANY SHINGTON INTERNATIONAL INSURANCE COMPANY WE PORT INSURANCE CORPORATION GENERAL POV OF ATTORNEY KNOW A MEN BY THESE PRESENTS, THAT North American Sp CO` ' nmpany, a laws of the . .te of New Hampshire, and having its principal office in ti' LACom an a co •oration or anized and under the laws of the StRFR Company g existing City, Missouri, d Westport Insurance Corporation, organized under f Of Kansas City, Mis ri does hereby make, constitute and appoint: Its true and lawful Attorneys obligatory in the nature of a bon law, regulation, contract or otherw amount of: te4aSEn At We/c/ as acvl�/G � y Co/lions FR USSELL D. LEAR, K'ANNE E. VC b ��, REQ0 y. / TEVEN J. BLOHM, DULCE R. 1 _ S1 RFD �e n�rs by • t?ci0.�Fact, to make, execute, seal and deliver, for to n behalf of each of said Companies, as surety, on contra.,._ e provided that no bond or undertaking or contract or suretyship FIFTY MILLION (550,000,000.00) DOLLARS re/ corporation duly organized and : isting under i and Washington Internationnsurance nrincipal office in the ' ty of Kansas nrincipal o ce in the City of e°ard This Power of Attorney is granted an• signed by facsimile under and by the authority of the fo ing Resolutions adopted by u._ Directors of North American Specialty Insur. ce Company and Washington International Insurance ompany at meetings duly called and helu on March 24, 2000 and Westport Insurance Co • ration by written consent of its Executive Com tee dated July 18, 2011. "RESOLVED, that any two of the President, the Secretary or any Assistant Secretary be, and each in the given Power of Attorney to execute on behalf of hereby is authorized to attest to the execution of any such Senior Vice President, any Vice Presid any of them hereby is authorized to Company bonds, undertakings wer of Attorney and to att FURTHER RESOLVED, that the signature of such offi certificate relating thereto by facsimile, and any such Power of binding upon the Company when so affixed and in the future with `�`,��\\11�1h1 umml/wio fr Mfr /4eO*A A z' SEAL '•.� rn ••n .O* _O". ...... a, 1i anum fl%nor1 By s and the seal of the torney or certi f gard to an any Assistant Vice President, ecute a Power of Attorney qualifying the attorney named d all contracts of surety, and that each or any of them therein the seal of the Company; and it is ompany may be affixed to any such Power of Attorney or to any to bearing such facsimile signatures or facsimile seal shall be ond, undertaking or contract of surety to which it is attached." Steven P. Anderson, Senior V Pr. dent of Washington Tnternational Insurance Company & Senior Vic resident . North American Specialty Insurance Company & Senior V President o 'estport Insurance Corporation By Mike A. It . enior Vice President of Wash ton International Insurance Company Senior Vice President of North A can Specialty Insurance Company & Senior Vice President of Westport I ranee Corporation IN WITNESS WHEREOF, North American Specty Insurance Company, Washing International Insurance Company and Westport Insurance Corporation have caused their official sea to be hereunto affixed, and these pres- s to be signed by their authorized officers this this 4TH day of DECEMBER , 20 State of Illinois County of Cook On this 4TH day of DECEMBER ss: I 8 North American Specialty Insurance Compa Washington International Insurance Company Westport Insurance Corporation 0 18, before me, a Notary Public personally appeared Steven P. A erson , Senior Vice President of Washington International Insur. e Company and Senior Vice President of North American Specialty Insurance •mpany and Senior Vice President of Westport Insurance Corporati► and Michael A. Ito Senior Vice President of Washington International Insurance . mpany and Senior Vice President of North American Speci. y Insurance Company and Senior Vice President of Westport Insurance Corporation, per pally known to me, who being by me duly swo ► acknowledged that they signed the above Power of Attorney as officers of and acknowledged 'd instrument to be the voluntary act and de- of their respective companies. OFFICIAL SEAL IA. KENNY Notary Public - State of Illinois My Commission Expires 12/0412021 M. Kenny, Notary Pu I, Jeffre . oldber• , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, . shington Interna '.nal Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correc opy of a Pow- of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westp . Insurance C • . oration which is still in full force and effect. WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thisday o , 20 ose "awe Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corpora BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Warranty Collateral for: DPG Farms. LLC and Calvin Goza c/n Holdm — WCR, Inc. — USR1 g-0071 DEPARTMENT: Planning Services DATE: May 7, 2024 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problemliasue: The Department of Planning Services received a request from Chris Leone, representative of J-2 Contracting Company, Inc., requesting that the Board of County Commissioners release the currently held warranty collateral for' DPG Farms. LLC and Calvin Goza c/o Holdm - WCR, Inc. in the amount of $238,546.30 held in the form of a Bond Rider to Bond Number 2312108 issued by North American Specialty Insurance Company. The two-year warranty period concluded on May 4, 2023, warranty repairs have been made and accepted by the County, and no further collateral is required to be held. Weld County Planning Services and Public Works Departments performed a final site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit C, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document 2021-0404, have been completed and are found to be acceptable. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 3. Have this BOCC Hewing item not placed on the next available agenda as neither part of the Consent Agenda nor the Regular Agenda. Weld County Collateral List: DPG Farms, LLC and Calvin Doze, c/o J-2 Contracting Company USR19-0071 (PL2737, #2021-0404) Improvements and Road Maintenance Agreement Contract ID 4443 — Approved 02/08/21 Performance Bond #2312108 — North American Specialty Insurance Company $1,590,308.68 Approved 09/15/21, #2021-2707, Contract ID 5219 - Acceptance of Bond Rider #2312108 for Warranty Collateral, Reducing the amount from 51,590,308.68 to $238,546.30, Rider effective 11/23/20 and dated 08/11/21 - $1,351,762.38 Balance $238,546.30 Consequences: • None — The work has been completed and passed the two-year warranty inspection. Impacts: • None — The developer completed the work, passed the two-year warranty inspection, and the road maintenance portion of the agreement will remain in place for the life of the USR. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • The road maintenance portion of the agreement will remain in place for the life of the USR so the developer will have a proportional share of any improvements and be responsible for any repairs. Recommendation: Option 1. The Departments of Planting Services, Public Works, and the County Attorney's Office are recommending approval of the full release of warranty collateral for DPG Farms. LLC and Calvin Goza c/o Holdm - WCR, Inc. - USR19-0071, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Suotort Recommendation Schedule Place on BOCC Attends Work Session Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine pt- Other/Comments: 2024-1310 5/Z2_ PLZT 31 Cheryl Hoffman From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Jazmyn Trujillo Martinez Tuesday, May 7, 2024 4:07 PM Cheryl Hoffman; Dawn Anderson; Elizabeth Relford; Esther Gesick; Jessica Reid; Karla Ford; Nick Marquez; Ryan Sinatra BOCC PA REVIEW - USR19-0071 — DPG Farms Signed PA & Release USR19-0071 DPG Farms.pdf Follow up Flagged ATTACHED BOCC PA REVIEW Improvements Agreement: Full Release of Warranty Collateral Case/Applicant: USR19-0071 — DPG Farms, LLC and Calvin Goza c/o Holcim — WCR, Inc. Please note: Regular Agenda Thank Karla! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North 17th Avenue P.O. Box 758 Greeley, CO 80631 (970) 400-3711 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Jazmyn Trujillo Martinez From: Sent: To: Cc: Subject: Chris Leone <chrisleone@j2contracting.com> Thursday, May 2, 2024 1:32 PM Jazmyn Trujillo Martinez Dawn Anderson; Carol Shima USR19-0071 Warranty Collateral Release Hi Jazmyn, We would like to request the release of the warranty collateral associated with USR19-0071. We have completed all warranty repairs per the County's two year inspection findings. Thank You Chris Leone J-2 Contracting Co. 970-219-3916 Jazmyn Trujillo Martinez From: Sent: To: Subject: Attachments: Jazmyn, Dawn Anderson Thursday, May 2, 2024 11:11 AM Jazmyn Trujillo Martinez FW: USR19-0071 Parkway Warranty Repairs USR19-0071 Inspection Report 1.pdf FYI...Please keep for the file. Also, not sure what you need for any collateral release. May need a request from Chris or if you have the original. Let me know if you need anything additional from me. Dawn R. Anderson Development Review Manager Weld County Planning Services 1402 N. 17° Avenue Greeley, CO 80632 Email: dranderson@weld.gov Office: (970) 400- 3736 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Nick Marquez <nmarquez@weld.gov> Sent: Friday, April 26, 2024 2:12 PM To: Ryan Axtman <raxtman@weld.gov>; Don Dunker <ddunker@weld.gov>; Amy Mutchie <amutchie@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Curtis Hall <chall@weld.gov> Cc: Rebecca Dusak <rdusak@wwclyde.net> Subject: USR19-0071 Parkway Warranty Repairs All, This is to inform you that the warranty work along the Parkway is complete. I've included to this email a copy of the Original Inspection Report and should you have any questions regarding this project I'll have my notes uploaded into Acella by the end of the next week. Or, of course, you can always contact me directly. Nick Marquez Construction Inspector Weld County Public Works 11 1 1 II Street, P.O. Box 758 /7; BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Assignment of Improvements and Road Maintenance Agreement for: DPG Farms, LLC, and Calvin Goza c/o J-2 Contracting Company — USR19-0071 DEPARTMENT: Planning Services DATE: July 11, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, J-2 Contracting Company, requesting that the Board of County Commissioners consider approving Assignment and Assumption of the Improvements and Road Maintenance Agreement for (USR19-0071) from DPG Farms, LLC, and Calvin Gaza c/o J-2 Contracting Company to DPG Farms, LLC, and Calvin Goza c/o Holcim — WCR, Inc. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Assignment and Assumption for USR19-0071, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine 6frit,teiot siA0 Approve Schedule Recommendation Work Session Other/Comments: as(va/s-vK/KR/KO) oVaa/23 071,614-&- (Pt) 2023-2191 Pi- 8101 ASSIGNMENT AGREEMENT REGARDING IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS This Assignment Agreement Regarding Improvements & Road Maintenance Agreement According to Policy Regarding Collateral for Improvements ("Assignment Agreement") is by and between its Parties, J-2 Contracting Company, a Colorado corporation ("J-2"), Holcim — WCR, Inc., a Colorado corporation ("Holcim"), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners ("Weld County"). RECITALS 1. DPG Farms, LLC and Calvin Goza, as owners of the Property (described below), in care of J-2, as lessee of the Property, and Weld County are parties to the Improvements & Road Maintenance Agreement According to Policy Regarding Collateral for Improvements ("County Agreement"), signed by J-2 on November 9, 2020, and approved by Weld County on February 8, 2021, which was recorded in the records of the Weld County Clerk and Recorder on February 17, 2021, at reception number 4683538, a copy of which is attached hereto as Exhibit A. 2. By Assignment and Assumption Agreement dated November 13, 2020, a copy of which is attached hereto as Exhibit B, DPG Farms, LLC and Calvin Goza assigned all of their respective rights and obligations under the County Agreement to J-2. 3. The subject real property is located in Weld County, Colorado, and is described as (the "Property"): Part of the South'/a of the South'/z and North '/z of the Southeast'/. of Section 1; and part of the Northwest'/. of the Southwest %, and the North 1/4 of Section 12, Township 5 North, Range 65 West of the 6. P.M. 4. Under the County Agreement, and on behalf of DPG Fames, LLC and Calvin Goza, J-2 undertook certain obligations to Weld County. 5. By Sublease Agreement dated November 1, 2021, J-2 subleased certain real property, including the Property, to Aggregate Industries-WCR, Inc., now known as Holcim — WCR, Inc. Under Section 11 of the Sublease Agreement, Holcim agreed that it shall abide by the terms of the County- Agreement. 6. Holcim, J-2, and Weld County, according to the following terms, agree to the assignment of J -2's rights and obligations under the County Agreement to Holcim: TERMS 1. Effective December 1, 2022 (the "Effective Date"), J-2 assigns to Holcim, which Holcim accepts from J-2, all of J -2's rights and obligations under the County Agreement. Page 1 of 2 2. Holcitn agrees that it will assume all of J -2's obligations under the County Agreement as of the Effective Date. 3. Weld County accepts and approves the assignment herein and agrees that it shall enforce the terms of the County Agreement, as of the Effective Date, as against Holcim. Signed this 671day of /"/mAp fJ , 2023. J-2 Contracting Company By Chris Leone Title: President Signed this Li day of V brsacrvs , 2023. Holcim — WCR, Inc. By W. Title: Senior Vice President Signed thisday of Board of County Commissioners Weld County, Colorado By Mike Freeman e�fs4 Title: BOCC Chair$14 g 2023. Page 2 of 2 ATTEST: —`6' Weld ty Clerk the Board Contract Form New Contract Request Entity Information Entity Name DPG FARMS, LLC Entity ID • ^00033651 O New Entity? Contract Nlame • Contract ID ASSIGNMENT OF IMPROVEMENTS AND ROAD MAINTENANCE 7251 AGREEMENT DPG FARMS, LLC AND CALVIN GO. C: O J-2 CONTRACTING COMPANY USR19-0071 Contras Lead* Contract Status CTB REVIEW JTRUJILLOMARTINEZ Contract Lead Email jtrujil lomartinez.weldgov.c om Parent Contras ID Requires Board Approval YES Department Project t Contract Description* ASSIGNMENT OF IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT USR19-0071 DPG FARMS, LLC. AND CALVIN GOZA C. O J-2 CONTRACTING COMPANY TO DPG FARMS, LLC AND CALVIN GOZA Ci O HOLCIM - WCR, INC. Contract Description 2 Contract Type • Department AMENDMENT PLANNING Mount • 30.00 Renewable • NO Automatic Renewal Grant IGA Department Email CM-Planning@weldgov.com Department Head Email CM-Planning- DeptHeadVweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL Courtly Attorney Email CM- COUNTYATTORNEYWELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date • 0802 202.3 Due Date 07.29 2023 Willa work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date 08 02 2024 Renewal Date Termination Notice Period Contact Information Committed Delivery Date Contact Info Contact Name Contact Type Contact Email Purchasing Purchasing Approver Approval Process Department Head Finance Approver TOM PARKO JR. CHERYL PATTELLI Expiration Date* 08;02/2025 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Legal Counsel BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 07:24:'2023 07,24.2023 07;24:2023 Final Approval BOCC Approved YES BOCC Signed Date 07:31:2023 BOCC Agenda Date 07:31,2023 Originator JTRUJILLOMARTINEZ Tyler Ref # AG 073123 RESOLUTION RE: ACCEPT WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR19-0071 - DPG FARMS, LLC, AND CALVIN GOZA, C/O J-2 CONTRACTING 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 February 26, 2020, the Weld County Board of Commissioners approved the application of DPG Farms, LLC, 3300 South Parker Road, Suite 300, Aurora, Colorado 80014, and Calvin Goza, 1620 Holly Avenue, Greeley, Colorado 80631, c/o J-2 Contracting Company, 105 Coronado Court, Unit A-101, Fort Collins, Colorado 80525, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0071, for open mining (sand, gravel and stone) and processing of minerals, including recycle operations for concrete and asphalt. Also included is a mine office, scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage, and employee and vendor parking in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the S1/2 S1/2 and N1/2 SE1/4 of Section 1; and part of the NW1/4 SW114, and N1/2 of Section 12, all within Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, on February 8, 2021, the Board approved an Improvements and Road Maintenance 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 DPG Farms, LLC, and Calvin Goza, c/o J-2 Contracting Company, with further terms and conditions being as stated in said agreement, and WHEREAS, additionally on February 8, 2021, the Board accepted Project Collateral in the form of Performance Bond #2312108 from North American Specialty Insurance Company, 1200 Main Street, Suite 800, Kansas City, Missouri 64105, in the amount of $1,590,308.68, and WHEREAS, the Board has been presented with Warranty Collateral in the form of a Bond Rider #2312108 from North American Specialty Insurance Company, 1200 Main Street, Suite 800, Kansas City, Missouri 64105, reducing the amount of Performance Bond #2312108 from $1,590,308.68 to $238,546.30, and WHEREAS, staff from Weld County Departments of Public Works and Planning Services have conducted a site inspection and recommend acceptance of warranty collateral for the aforementioned off -site improvements, and WHEREAS, after review, the Board deems it advisable to accept said Bond Rider #2312108 as stated above, a copy of which is attached hereto and incorporated herein by reference. pyes: f of 2 ca s. Ms. and Warder, d county , 00 �y,� �{ 'iR11Y' iR'�I1r1 11�1Ut' ds�`'� �il�illi 11 111 Cc •. pi.(TP/DA/3TKIKR/Ko) 1017 /j.+ 2021-2707 PL2737 ACCEPT WARRANTY COLLATERAL (USR19-0071) - DPG FARMS, LLC, AND CALVIN GOZA, CIO J-2 CONTRACTING COMPANY PAGE 2 NOW, THEREFORE, BE IT RESOLVED that Bond Rider #2312108 from North American Specialty Insurance Company, reducing the amount of Performance Bond #2312108 from $1,590,308.68 to $238,546.30 representing Warranty Collateral, be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of September, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: id.%) Weld County Clerk to the Board B APP County Attorney Date of signature: Oq/3/ 475�9 04 Pages: 2 of 2 Culr KKc s,ICl Clara and R or�r Wald County CO IIMIMAININIMMOICOMPItilk.116111111 Steve hair es, Pro - 2021 -2707 PL2737 6-7(4.4.6/D4ezig BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item —Acceptance of Warranty Collateral Bond Rider for: DPG Farms, LLC and Calvin Goza d o J-2 Contracting Company — USR19-0071 DEPARTMENT: Planning Services DATE: August 24, 2021 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/Issue: The Department of Public Works received a request from DPG Farms, LLC and Calvin Goza clo J-2 Contracting Company, requesting that the Board of County Commissioners accept the Warranty Collateral for DPG Farms, LLC and Calvin Goza c/o J-2 Contracting Company In the amount of $238,546.30. Project Collateral in the amount of $1,590,308.68 Is currently being held in the form of a Maintenance Bond and Warranty Collateral will be held in the form of a Bond Rider to be attached to the original Bond Number 2312108 and is required to be held for the duration of the two year warranty period which began on May 4, 2021, Weld County Public Works and Planning Department performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit C, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document Tyler #2021-0404, have been completed and are found to be acceptable. Bob Choate/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and recommends this this acceptance of warranty collateral. What options exist for the Board? (include consequences, impacts, coats, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld County Collateral List: DPG Farms, LLC and Calvin Goza c/o J-2 Contracting Company (PL2737, #2021-0404) USR19-0071 Improvements and Road Maintenance Agreement — Contract ID 4443 Performance Bond #2312108 from North American Specialty Insurance Company Noncancellabie — renews annually automatically until released 81,590,308.88 Recommendation: The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the acceptance of warranty collateral for DPG Farms, LLC and Calvin Goza c/o J-2 Contracting Company — USR19-0071. Approve Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Salim Schedule Work Saigon Other/Comments; 2021-2707 PL o>737 Karla Ford From: Sent: To: Cc: Subject: Steve Moreno Tuesday, August 24, 2021 11:45 AM Karla Ford Mike Freeman Re: Please Reply - BOCC PA REVIEW - U5R19-0071 — DPG Farms Approve Sent from my iPhone > On Aug 24, 2021, at 10:17 AM, Karla Ford <kford@weldgov.com> wrote: > Please advise if you approve recommendation. > Karla Ford- > Office Manager, Board of Weld County Commissioners > 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 > :: 970336-7204 :: kford@weldgov.com<mallto:kford@weldgov.com> www.weldgov.com<http://www.weldgov.com/> > **Please note my working hours are Monday -Thursday 7:00a.m. 5:00p.m.** > [WC Logo Color] > Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. > From: Jazmyn Trujillo Martinez <Jtrujillomartlnez@weldgov.com> > Sent: Tuesday, August 24, 2021 10:34 AM > To: Cheryl Hoffman <choffman@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Karla Ford <kford@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> > Subject: BOCC PA REVIEW - USR19-0071— DPG Farms > ATTACHED BOCC PA REVIEW > Improvements Agreement: Improvements and Road Maintenance Agreement — Decrease in Project Collateral and Acceptance of Bond Rider for Warranty Collateral > Case/Applicant: USR19-0071— DPG Farms, LLC and Calvin Goza c/o J-2 Contracting Company > Please note: Regular Agenda > Thanks Karla! > Best, > Jazmyn Trujillo -Martinez Karla Ford From: Sent: To: Subject: Approve Mike Freeman. Wednesday, August 25, 2021 3:02 AM Karla Ford Re: Please Reply - BOCC PA REVIEW - USR19-0071 — DPG Farms Sent from my lPhone On Aug 24, 2021, at 5:12 PM, Karla Ford <kford@weldgovccom> wrote: Please advise if you approve recommendation. Karla Ford R Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 970.336-7204 :: tirinort "Please note my working hours are Monday -Thursday 7:O0a.m: 5: Wp.m.0 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which It Is eddies..d and may contain lnfonnation that is prMleged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e•motl and destroy the communkation. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communketfon or any attachments by anyone other than the named recipient is strictly prohibited. From: Jazmyn Trujillo Martinez<jiruilllomartinezgaweldttov.wnp Sent: Tuesday, August 24, 202110:34 AM To: Cheryl Hoffman <chofifenanleweldaov,coegv; Dawn Andierson <drandersongweldeov,com>; Elizabeth Relford <erelferde weldyav,conl>; Esther Gesick <eaesicketweldaov,corn>; Jay McDonald <jrncdonalddaweldaov.cortu; Karla Ford <kfordWweldeov.ceep; Tom Parka Jr. <toarkofmweldeyv.00m> Subject: BOCC PA REVIEW - USR19-0071— DPG Farms ATTACHED BOCC PA REVIEW Improvements Agreement: Improvements and Road Maintenance Agreement — Decrease in Project Collateral and Acceptance of Bond Rider for Warranty Collateral Case/Applicant: USR19-0071— DPG Farms, LLC and Calvin Coma 0/01-2 Contracting Company Please note: Regular Agenda Thanks Karla! Swiss Re Corporate Solutions BOND RIDER Nord: American Specialty Insurance Company Washington International Insurance Company Westport insurance Corporation 1450 American Lane, Suite 1100 Schaumburg, IL 60173 Rider to be attached to and form part of Bond No: 2312108 effective November 23rd, 2020 on behalf of J-2 Contracting Company executed by North American Specialty Insurance Company and in favor of Board of County Commissioners of Weld County, Colorado It is hereby agreed that: The amount or era bond lull be reduced to 1596 of the origlael mooed IhraughmA the warranty Canso[* phase at the nand, and dull be held to told by the County for (2) years [snowing lu mitten acceptance of the impronemmts. This bond may Not be mnekd without written rnaseat row Weld County. Written acceptance date for the impermanent. is: May 4, 2021 load Penalty shall be reduced from $1,590,308.611 to $238,516.30 Nothing herein contained shall vary, alter, extend any of the terms and conditions of the attached bond and the attached bond as amended by this rider except as noted above, and h is expressly understood and agreed that the liability of the attached bond as amended by this rider shall not be cumulative. This rider is effective on 23rd day of November , 2020 , Signed, sealed and dated this l nth day of August , 2021 _ North American Specialty Insurance Company Surety B SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORTINSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly argon'. end existing under laws of the State of New Hwpshire, and having is principal office in the City of Kansas City, Missouri and Washington International Insurance a astpatMia�npoptygta rigid find adaang neer the hwa oftbe Sash ofNew IBmpsbire and halos its principal oQice mitts Grey ttaci s rsorrtW dos bah r meow=Welsh tie lava of dra gale of Miaow, and awing i s principao1Sla Gt the Chy of RUSSELL D, LEAR, ROYAL R. LOVELL, KELLY T, URWILLER, STEVEN J. MAXIM, DULCE R. HUGGINS, KEVIN BAIRD. and SHAROLYN MAE NOLDE LOPEZ JOINTLY OR SEVERALLY la We and lawful Attomey(s)-in-Fad, to make, exc.; seal and'diver, for and on its headland as its act and deed, bonds or tidier writings obligatory in date nature of a bond on behalf dew. of said Companies, as surety, on contracts of suretyship as ere or may be required or permitted by law, regulation, eon." or otherwise, provided that no bond or undertaking or contractor suretyship executed under this authority shell exceed the amount oft FIFTY MILLION (050,000,000.00) DOLLARS This Power of Allamcy is granted end is signed by facsimile under and by the oWhurily of the following Resolutions adopted by the Boards of Directors of North American Specially Insurance Company and Washing. International Insurance Compony at mean. duly celled and held on March 24, 2000 and Westport insurance Corpomtion by written consent of is Executive Committee dated July 1S, 2011. "RESOLVED, that my two of the Beside , any Senior Vice President, any VIce President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of than hereby is authorized to execute a Power of Attorney qualifying the enemy named in the given Power of Allemcy to execute on bdrelf of the Company bonds, undertakings and all cenvaca of surely, and that each or any of them hereby is authorized to attest to the exccuoiun de. such Power of Mousey and to attach therein the seal of the Company; end it is FURTHER RESOLVED, tat the signature of shah officers and the seal of the Campmy may be spiced to any such Power of Attorney or to any catificific Mating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signalums or facsimile seat shall be binding upon the Company when so affixed end in the future with regard to any bond, undertaking or contract of curdy to which it is attached." r ad•r yr /.rws raw 2s..nrVInna befljw t. YwrMrQnw.sw aar�A. shtiaat.r�wrAlirasesarMm bk...dIrene Hawse aa..a.vh..rreil.MMr•ear Cr /'" a ar•I•. tla r,WMlw • M State of Illinois County of Cook r' On this Ise day of APRIL , 20, before me, a Notary Public pwsaully appeared Seven P. Anderson , senior Vice President of IN WITNESS WHEREOF, North American Specially Insurance Company, Wiehiagton Intimation' Insurance Company and Westport Insurance Corporation have carped their official sale to he tierce. affixed, and Iheso pracnR to be signed by their authorized officers this this 10 day of APRIL ,20 ]n North American Speclsiy loseraaee Company Washington International Insurance Company Westport...tee Corporntien WoAMRon locuaailoogl lastuaax and Smbr Vice Ptasimas of Norte Amarlean gpaaialty laauean eo Canpiny end SMier Vice PSAdmt at Wettprt Inrsa/meht C:gpomtino YtdCIYtl rd A. I(p is: Viola Ptasidsnt of Weshirsglon htlomatnnd Fnearana¢Comprty and Senior V ix Presldatt of North American Specially Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly swum, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instilment to be the voluntary act and deed of their respective companies. __ _ eri err ra maaerni •a•.i _ _ _ M. Kenny, Notary Public I, Whey Goldberg , the duly elected Vice President and Amissmt Sweet, of North American Spccia0y insurance Cothpany, Washington Intemalitmal Imaraloe Canpmy and Westport Wanner Corporation do hereby certify that the above and folegoing is s true and emrcel copy of e Power of Attorney given by said North American Specialty Insurance Company, Washington International insurance Company and Westport Insurance Corporation which is still o NII nice and effect. II 2A ' IN WITNESS WHEREOF, I have set my band and affixed the seals of the Companies Mist daY of �{ , 20 rdnyaw. `�v,e•rhw,awa,x.a.n .ra`�+a b..M.d rawr.[aq.ra rhea a..s, yaaayarsarcL�q.gi vb�rw,l.w �►+arwtannar�M.�rr+t.awrras,nu.� Go Q RESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR19-0071 - DPG FARMS, LLC, AND CALVIN GOZA, CIO J-2 CONTRACTING COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld Courtly Home Rule Charter, Is vested wlth the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on February 26, 2020, the Weld County Board of Commissioners approved the application of DPG Farms, LLC, 3300 South Parker Road, Suite 300, Aurora, Colorado 80014, and Calvin Gaze, 1820 Holly Avenue, Greeley, Colorado 80631, do J-2 Contracting Company, 105 Coronado Court, Unit A-101, Fort Collins, Colorado 80525, for a S1te Specific Development Plan end Us* by Spedsl Review Perm'', USR18-0071, for open mining (sand, gravel and stone) and processing of minerals, Including recycle operations for oonaelieand asphait MG Included Is a mine office, scale house and scab, a fuelirg/lubricaling station, portsbls ganaratort, mobi e mining equipment parking and storage. and employee and vendor parking In the A (Agricultural) Zone District, on the following described real estate, being more particularly deeofbed as follows: Part of the S112 S1/2 and N1/2 SE114 of Section 1; and part of the NW1/4 SW114, and N1/2 of Section 12, all within Township 5 North, Range 65 West of the 8th P.M., Weld County, Colorado WHEREAS, pursuant to certain Condition of Approval, the Board has been presented with en Improvements end Rood MelnMrtence Agreement Acocrding to Policy Regarding Collateral for Improvements between the County of Weld, Stets of Colorado, by end through the Board of County Commissioners of Weld County, and DPG Farms, LLC, and Calvin Ooze, c% J-2 Contracting Company, with further tonne and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Performance Bond .2312108 from North American Specialty Insurance Company, 1200 Main Street, Suite 800, Kansas City, Mlesouri 84105, In the amount of $1,590,308.88, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Performance Bond as stated above, copies of which are ahached hereto and Incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for improvements between the County of Wild, State of Colorado, by and through the Board of County Commissioners of Weld County, end GPO Farms. LLC, and Calvin Gate, cfo J-2 Contracting Company, be, and hereby It, approved. CC: Pu(ER/vH/DA/S7Nh4/rp) PL(T►/t0/Ko) e3/14 /21 2021-0404 PL2737 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT (USR19-0071) - DPG FARMS, LLC, AND CALVIN GOZA, C/O J-2 CONTRACTING COMPANY PAGE 2 BE IT FURTHER RESOLVED that Performance Bond #2312108 from North American Specially Insurance Company, in the amount of 51,590,308.88, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is. authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of February, A.D., 2021. BOARD OF COUNTY COMMISSIONERS R�,�[( �_�� rr WELDD COUNTY, COLORADO ATTEST: Gi .%) k %elk; I"!r Stew Weld County Clerk to the Board B Date of signature: 0,2-A2l21 Lori Sa6 2021-0404 PL2737 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/R.1w or Conlon %Wog Apode REQUEST R& ROCC Agnda stem -Approve Inpreramnla sad Road Mablesamo Agreement for. DP(3 Fair, LLC and 'Caleb Gnu do I-2 Cawood ng Comp, - USR19-0071 DEPARTMENT: fidditlisid DATE: Deoanber 16, 2020 PERSON REQIJRSTINO: Briddweidplfon of the him: Thu Dopers.* of►°lido Wodu ieoeiwd a nano* Gam the &peda nt, DPC Pans, LLC and Cll.Om No 1.2Cootraethas Cp•ey iegeestiag that the Booed of CoonCoonty CAsandes seers molder appearing tln Impsweaeets and Road MainInsme Apienteat br (USR 19-0071). Cbllatenl in On mount ofSI.S90,30t.6f, Is tsulehed rritb this woman (ar *9-u se impiomanols. Cothiral Ins Man provided in Is. Rea of a Pmfo nerve Boo, Dowd Nov 2712101, bend by Nssis Awake. Specially town= Canpeny, 1200 Mehl Bens. 1100, Una City, MO 6410S. Weld Cooney Public Weiss, Plonk. Sondem send the County Attorney's Office have reviewed the oboroemodonod slped otiplaii docann of and observed the folk s4ag: • Ad Pilate Wayte Matted haws, of the roporeaeratt dl load l&skesrsmoe Apure. Accar.dig To Polity Agortl Cobiarrl !kr loprovottottrowe found to be a:impalas. • This Agawam aontplla with du banns of the Use by Special Review Permit Resohnlon, is signed by the Board ofCwiy Coaafssssn es. What °pilau edit for the Nara I. flare dd. !MCC Merl. Rea be pbaad as dm mat meltable wink as port tithe Coin of Apollo. 2. Bate this BOCC Marl. Rent be pined on the welt orelYhM °Risda ea port of the Regular Apo.. Raeommundaroa: Option 2. The Dapiihswnts of Mlle Woska, Ptsmeep Servile and Pe County Aatoteaye Ono ra nteammeitdiss 4Pnt+d Odor fityst omenita ! load Mal ontaico Apriral Awn,. To Policy Itepo ilW Mows' s' Par bywronettobrtl1 9-007 t, and tksddabun bepined usitem*regularly sahodeladBOGC NM. • pert of tho Ripka Agenda. Milo Fromm, Chair Soak Kling. Briars Kil nger Sear• Mamm, Pro -Tan Karin Rea 2021-0404 PLb 137 IMPROVEMENTS A ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS DPG Firms. LLC and Calvin Gone eye i 2 Co0YegLtg Company — USR19-0071 THIS AORERMHPiT is made this thyoL th—, 202,E by and between DPG Fines, LLC, 3300 South Parker Road, Suite 300, Aurora, Colorado 80014, and Calvin Gore,1620Holly Avenue, Greeley, Colorado $0631 do J-2 Connecting Company, 105 Coronado Court, Unit A-101, Fort Collins, Colorado 80525, hereinafter referred to as "Property Owner," authorized to do business in the State of Coloado, Rod the County of Wald. a bodycomer. end politic of the State of Colorado, by and duo* its Baird of County Commissioners, whose address is 1150 `%Q" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Port of the S1/2 51/2 end N1/2 SE1/4 of Section l; and part of the NWi/4 SW 1/4, and Nl/2 oOSection 12, all within Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado hereinafter refereed to as .the Proprty," and WHEREAS, Property Owner has received Board of County Commissioners conditional approval of U3R19-0071, and WHEREAS, Property Owner acknowledges rind the final approval of USR19-0001 is conditional upon Property Owner's funding and/or construction of the off -site improvements and road nloiotenmce described in thin Agreement and depicted hi the following incorporated exhibits: Eiblblt A — Off -Site Costs of Construction Eabibk II— Off -Site Construction Schedule Exhibit C—Coostruclion Firms Exhibit D— Plat Mapyd WHEREAS, Property Owner acknowledges they may not operate as described in USR19-0071 until mid improvements have been completed and accepted by County, end WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined heroin within duce (3) years of the approve! of USRI9-0071 may result in the revocation or suspension of USR19-0071, upon consideration and order of the Board of County Commissioners, and WHEREAS, the parties agree that the Property Owner shall povide collateral far off -site improvements as required by this Agreement when the Board of County Commissioners approves this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing end of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: I- DPO Fo,03, LLC mid Cahvll Ooze a/u J-2 Coouaoting Conpmy - USRl9-0071-OFFSL420-0003 020.2t. 20� p „/„ 91 Psga t of l2 Y� rARLIMILAISIMMISMIRKI A.SelittlumniMbmgamikabalICW.. Property Owner shall be tasponsibk for the construction of certain off -site safety improvement es identified in the USR hearing Resolution, which may include, but are not limited m: construction of adequate turning radii of surly -five (65) feet at the main entrances and exits which extend into County road Rights -of -Way (ROW) connecting to the County road system, and off -site drainage and signage ineWletions, se- indicated on the accepted Exhibit D and Exhibit C, as required. On -Site improvements that create more not-0ffthan the historical amount may require off -site drainage iseprowertenis to roads and ROW. Any approved accem poin(s) improvements will include standard County approved tracking control, and may include a double cattle guard set (one right after the other), placed back to beck across the entire width of the access, to ensure a complete revolution of the truck tires in order minim. the tracking of mud end debris onto the adjacent County road. Additional Off -Site Improvements to be constructed by the Property Owner prior to operation we: I) Paving Holly Avenue from the Weld County Parkway and Holly Avenue intersection to the north end of the existing pavement and rem. as necessary. Cross Section of base and pavement shall be structurally sufficient to handle the increase of truck traffic from the development end reduce flitting over time. 2) Paving the approved access road from the north end of the existing pavement up to and fifty (50) tbet beyond the approved site access. 3) Design and construct a County scceptad paved dense -log or "I ' intersection, providing all construction materials and meeting the Weld County Code specification and CDOT specifications for Road end Bridge Construction, begirming with a County accepted tie-in at the approved site access and Holly Avenue creating the north leg, the east kg tying into the east/wed portion of Holly Avenue, and the south leg tying into the north/south portion of Holly Avenue that connects 0 the Weld County Parkway and Holly Avenue intersection. 4) Design and construct a northbound right deceleration/tom lane oo the Weld County Parkway matching the WCR 49 cross section of I l"PCCP over Velma 6 crushed concrete over a minimum of one ( I) layer of Tenser TriA4 TX160. All material strengths shall be the same as the WCR 49 Project Requirements. 5) Design and construct a northbound right acceleration lane on the Weld County Parkway matching the WCR 49 cross section of t 1" PCCP over 6" class 6 crushed concrete over e minimum done (I) layer of Tenser TriAx TX160. All material strengths shall be the same as the WCR 49 Project Requirements. 6) Design end construct a southbound left acceleration lane on the Weld County Parkway matching the WCR 49 cross section of 11' PCCP over 6" class 6 crushed concrete over a minimum of one (l) layer of Tenser TriAl TX 160. All material strengths shall be the same as the WCR 49 Project Requirements. 1.0 Property Owner is solely responsible for the required off -site imptavetneois, theta recontR4'Iltka toy include bto ass nt4)tniRed to flue fdiO+virtg dosigt sort.), utility tocatooko4cotek acquisition efROW, dedbvtioo of ROW, ROW sod Aocco hanks and fees, coordination with oil and gas operators and facilities, county facilities and affected irrigation facilities, and utilities, traffic control, and project safety during construction. Property Owner shall obey 'inapplicable regulations issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies. DPO Farms, LLC end Calvin Goa Go 1-2 C nouns Company - USRI OO, - OFFSIA2t1-0003 Page 2 oP 12 2.0 CatatrignatarefigragekThe cost of construction estimates (engineer's estimate) identified es Eabidt A shall be submitted. The Property Owner shall detail the cats used in determining the collateral requirement for the off -site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cat Eahlblt A. If more than three (3) years have passed since the last eonstruotion cost estimate was provided, the Property Owner shell provide an updated construction cost estimate prior to the start of convection. 3.0 Exhibit B shall be provided by the Property Owner, indicating the construction schedule for off -site improvements, including an utticipated completion date. Property Owner shall not commence construction of any improvements, record plat, or receive any permitting prior to approval of the of this Agreement. Exhibit C shall be provided by the Property Owner and indicating the receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner dull substantially complete all improvements in accordance with Exhibit B in order to request the wartsnty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 40 Offthibt imoyementa Cell As required, collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.E of this Agreement. 50 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Pert ll.% Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built drawings. Thus as -built drawings shall be stamped, signed, end dated by it licensed and registered Professional Land Surveyor or Professional Engineer. B. Illathiew The Property Owner shall be financially responsible for its proportional share of the associated costs for maintaining and/or improving designated hauUhavol mutes. 1.0 antErnme, The following roads are designated as haul/travel routes for the Property: 1) From site access point south on Holly Avenue to Weld County Parkway. 2) North and south on Weld County Parkway. 20 Haul trucks shall ester sod exit the site at the approved access(es) on Holly Avenue and travel north -south to the neatest paved road fa further dispereaL Any County roads used by USR19-0071 traffic may become part of the established hauUtravol routes. 30 Wgjghtl intkg.No travel vehicles may exceed CDOT required specifications for pounds -per -axle and axle configurations, unless overweight permits have been applied for and granted. 40 Ts50sssol etIn unusual or rare occasions, if projects mandate deviation from the above -mentioned haul/travel route fora limited period (six months or less), the Weld County Department of Public Works may authorize, in corking, the deviation. In that cireumatmece, haul/travel vehicles will stilize paved County roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months, or requests for one (1) or more deviations within s twelve (12) -month period shall authorize the County to change the haul/travel routes designated herein, and provide notice to the Property Owner. DPG Farms, LLC and Cal. Goa do J-2 Conrnching Company - USR 19-0071- GFFSIA20.0003 Page or 12 54 jggginagaiggmm, Property Owner shell WWI trawl route Sipe,. If applicable, as per Memel of Uniform Tree ie Control Do.. rusdnde, at all exit points of the Property which an be alertly wen by drivers leaving the i9cd ty end which elm* depict Countyapproved trowel mutes. 6.0 Except as authorized by the BOCC pursuant to this Agreement, no use of any roods other den those speclficidly authorized for use in this Agreement is permitted with t the prior written amendment of this Agreement. C.Ithboutaistiatikesinis 1.0 Off -site recurring maintenance, if applicable, as required by the Board: 1.1 Property Owner shall take on full, sole responsibility of the road met menace of Holly Avenue from the approved site access location extending east for the life of USR19-0071. Upon complete cessation oral activities permitted by USR19-0071, County shall reacquire the responsibility of road maintenance of Holly Avenue pending a completed inspection and Holly Avenue is deemed approved in which it meets or exceeds Weld County Code Under.. 2.0 Egg& Property Owner shall be financially responsible for its proportional share of excavation, patching, and pavemar4 repair on &dotted hsulloravel mutes. The anoint and axtat ofrepslr end paving snowman will be determined by she ecifc conditions at die time, as determined excloslvely by County personnel. 3.0 kkethammgdgeliggiggIn the event of damage to a designated haul/travel route by project traffic dart anises an b mnediate that to public health and ullly or renders the road *aside ("0i '7rcounb' shall, afte*iml mom$' Property Owner oferahSlgrtifiaWMimosa. Property Owner shall identify the repair inquired and shall consult with County on die extent, type, timing, imbed* end qualityof repair (Lc temponeyvase, peamment)within twauy'fmu'(24)hours afterreatipl of niacin notice ad slalloommence sass repair witet faaty eigtt(4$) hars:4er receipt of such notice. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (ix. temporary versus peaumeot). 4.0 R..k of hoed:.Oa or before December 31, of the cabndsr year hs which County mff has desambed duet* site omidysisWier pavanenttesd ng that a *Wielder hatifttavel rota mad portion will require paving moos..'es in 4tda' to project the public health, safety, end welfare, and the Coady has budgeted sufloloot fends for the following =leader year to pry its share of the Off -Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -S. Improvements/Repairs shall be undertaken. 4.1 In County's sole discordon, County may undertake the repairs andJor improvements. Property Owner's payment for Its Proportionate Shane of the road repairs/improvements will be calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those proportional share costs. 5.0 Calcubeion ofProperty 0m. 's Pr anal Shste_nf Cgs, The County shat notify Properly 0wmer of County's ***diary detestable** and easement of Property Owner's proportional share of costs of maintenance, repair, or improvements to Property Owner's designated haul/bevel routes. Prior to County's final determination and assessment, County shell provide Property Owner with a reasonable oppoetuniry to review, comment upon and supplement County's data, collection methodology, and DPC Faris, LLC and Calvin Cara do 14 Contracting Comp, - t1SR 19.0671-OFFSIA20 0003 Page 4 of 12 determinations. The County shall review and consider Property Owner's input prior to making a final determination and sasesament. The County shall have sole responsibility for detuminetion of Property Owner's proportional share ofcosts. Property Owner agrees to pay such proportional share of costs within 30 days of receiving an invoice from County. 6.0 Atgmaggelhimpggigg, County may conduct a road inspection ennuelly with the cooperation of Property Owner and all other Properly Owners and/or lateens who are required by County to participate in road improvement/maintenance agreements for the haul routes designated in this Agreement. As result of the annual inspection, County, in its sole discretion, shall determine acosl conditions and shall further determine what rod repair/improvement/maintenance wort is to be performed during that construction season. Notification to the Property Owner of the required rodway repairs will be given es soon as the data becomes available. 7.0 Hwang. The County shell notify Property °weer of County's preliminary determination and assessment of Property Owner's proportionate share of coats of maintenance, repair, or improvements to Property Owner's designated hauYtrevel routes. Prior to County's fuel determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon end supplement County's date, collection methodology, and determinations. The County shall review end consider Property Owner's input prior to making a final detenninedioo end assessment. frIBEASEEEISZEIliEni A.idliElarillUMILOWOMMIEMEMEMOSIBU 1.0 fujiggglagketrggiProcerty Owner shall flattish to County, at its own expense, all engineering services in conrrection with the design and construction of the off -sloe improvements and all on -site draimugu elated sh uc:tu es if required by any Municipal Separate Storm Sower System (MS4) permit, as identified on the accepted Construction Plans and according to the construedos schedule set forth in the construction schedule exhibits. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the Stets of Cobredo and shell conform to the stesdstds and criteria established by the County for public improvements. The required engineer services shell consist of, bet nut be limited to: surveys, designs, plans and profiles, estimates, conetrurrion supervision, and the submission of all necessary documents to the County. 2.0 IlikkgiffIlyin Before commencing the construction of any off -site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, st its sole expense, good end sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW end easements for the construction of roads to bo seoepted by the County shag be conveyed to the County on County-sppnwe i forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC sod recording. 3.0 CmigractimProperty Owner shall famish and install, at its own expense, the improvements (and any dreisags-related structures required by any MS4 permit) identified on the accepted Exhibits and shell be solely responsible for the costs listed on the cost of construction eshibils, with the improvemeu0s being completed also in aeoodanoe with the schedule set forth in the construction schedule exhibits. The BOCC, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits steed herein upon application by the Property Owner. Sold construction shell be in strid confomemee to the plans and drawings accepted by the County end the specifications adopted by the County. DPG Femta LLC and Calvin Gm do J-2 Centred VCompany - USR19-0071 - 0FFSIA2041W3 Page! of ti 4.0 Tenting. 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. If County disoovers inconsistencies in he testing results~ Pooped~ Owner shall employ at its expense a thiod-paity qualified testing company approved by County, Such third party shell tumid. the certified results atoll such letting to the County. At std tames dirks add construction, the County shall have the right to that and invent material and worst, or to require testing and inspection of materiel and work at Property Owner's expense. Any material or work not conforming to dm approved plans and specifications, including but not limited to damn to ptnpestywijetwnt to dreoosetttation plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property Owner. 5.0 crungtudigajtinkds. Design and construction of ail off -site improvements shall conform to the cumuli version of CDOT's "Standard Specifications for Road and Bridge Construction", "COOT Field Materials Manual", "CDOT M to S Standards and Specifications" and the Weld County Engineering and Construction Guidelines. 6.0 sing. Prior to stay construction in County and/or State ROW, end as a condition of issuance of any ROW or Access Pal alt, the Property Owner shall submit a traffic control plan for County review. Daring construed, appropriate safely sigrtege shall be posted in accordance with the then -current version of the Manual of Uniform Traffic Control Devices. Clainik 1.0 Property Owner shag provide to County the necessary collateral to goo oes all of Ptoptely Owner's ohligaiwts tender this Ailments. (I) Frvyesr Cellatral is required for completion of off -site improvements, as described in this Agreement (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period. Collateral acceptance and redrew are governed by the Weld County Code. 1.1 act_callo.i Mall be solmtated to g oo0000e completion of oft** and identified in the UAW.. Prgjeot Collateral must bar wdsmitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Aweenupnt, unless otherwise directed by the Board of County Commissional. In the event that Property Owner fails to adequately complete the requited improvements, County may, in ks sok discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide eddidooal collateral hr the evert the cost estimate is older than three (3) years. No work shall commence until Project Collateral has been submitted and accepted by the County. 1.2 Wftllo o Cdlingel shall be submitted end held by the County until release after the two-year warranty period following the County's initial approval of the improvements. Warranty Collatonlshallbeinanmountequalto1514ofPrgjeatCollatwvd.Inteev.mttaoPropertyOvr r fails to adequately compleoa or repair improvements during the warranty pausal, County soy, as its sok discretion, access Watrwtty Collateral for the purpose of completing such improvements 2.0 Form of Collateral. Collateral may be In the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements end restrictions of Sectio s 2-3-30 of the Weld County Code. as that section may be amended from time to time. Dm Farms, LLC and Calvin Goa do J-2 Contracting Company - USR I9-0071 - 0FFSIA20.0003 Pageb of 12 3.0 Rolaase oicagemL Collateral shall be released in accordance with Section 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site improvements, and the Departnezet of Public Works conducts inspections for off -site improvements. 3.1 Tjgtjpg of Betansa. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Wamnty Collateral shall be withheld by County at the time of release of Project Colateral or may be submitted separately by Property Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period, 32 jiggeggagatekmafgetkeeng Prior to release of collateral by Weld County for the entire project or fora potion of the project, the Property Owner meat pretest a Statement of Substantial Compliance from en Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project a a portion of the project hes been completed in subsWttial compliance with accepted ptans and specifications documentutg the following: 3.2.1 The Property Owner's Engineer or his representative has reeds regular on -sits inspections during the course of construction and the construction plans utilized ere the same as those accepted by Weld County. 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Deprehneot of Transportation (COOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materiels Manual. 31.3 "As -built plans shell be submitted at the time the hater requesting tetase of collateral is submitted or at such time as the Property Owner has completed improvements asthma on the Exhibit C and/or Exhibit D, sad shall be stamped and *moved by sn Engineer registered in the Stain of Colorado, if on Engineer was initially ',oiled for the project. The Property Owner's Engineer shall certify that tits project "as -built is in substantial compliance with the plena and specifications as approved, or that arty meoerial deviations have received prior written acceptance from the County Engineer. 3.3 (y'o Reaoonuae tun Rensaat ter ltatrsses of GeilatenL Following a written request for release of collateral, County personnel will inspect the improvements as provided is this Agreement. Upon approval, the Board of County Commissioners may release said oollaloal. C. asmomesuEinctsonata 1.0intlfiXdanatiggailLiallMtheallUpon completion of the off site improvements, Property Owner shall contact the Weld County Deparho«k of Public Works rend request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. 2.0 2.1 Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Public Works a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built" drawings as required in subsection 8.3.2.3, above, and shall request County inspection of the DPG Pamn, LLC and Cs] yin Goza c/o 1-2 Contracting Company - USR 190071- OFFSIA20-0003 Page 7 of 12 Of Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 2.2 ristiamtlfmrmayikig. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public Works persmaei that, upon request by the Property Owner, inspect the object improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after sotifncatso from the Property Owner dts[ said deficiencies have been corrected. If the County personnel finds that the Improvements are constructed according to County standard+, he or she shall approve the improvements. Such final spproval shall suthoriu the Property Owner to request the Baud of County Commissioners to release the Wsrraoty Collateral. 2.3 If requested by the Property Owner and agreed by the Casty, portions of the mtprovers may be placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and epalation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been slatted but not completed according to the schedule shown on the construction schedule exhibit, and may continue to issue building permits so long as the progress ofwork on the improvements is satisfactory tothe Canty, and all terms ofthis Agreement have been faithfully kept by Property Owner. D. baffle* Property Owner is required to apply for and receive all permits requited by the County or any ether applicable local, State, or federal permit, including but not limited to: 1.0 Property Owner shall not use any aeons onto any Ceanty road unless and until an access permit has been issued by the Department of Public 0/orks. Public Works mayconditloathe issuance of an updated access permit on the amendment of this Agreement if the updated areas permit authorizes the use of at additional access point, or if them Is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of the weld County Code. 2.0 gighntnyjjalaikan, Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit Issued the Department of Public Woohs. No work shall occur without said ROW permit. 3.0 lompodigoftila. Per Article XV of Chapter 8 of the Weld County Cod, a Weld Canty Transport Permit is required for Extrz•kgsl vehicles using Weld County roadways to ensure the operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner. E. LO Violation of Termer of Aaeennest..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 fads and eiroomtstences which County believes constitute the violation. Property Owner shall have fifteen (II) days within which to either cure the violation or demonstrate compliance. If, after fifteen (l5) days have elapsed, County believes in good faith dust the violation is continuing, Costly may consider Property Owner to be in breach of this Agreement. DPG Farms, t.l.C and Calvin Goma/n.1-2 Contracting ompany— USR19-0071 - 0FFSL420.0003 Pagt a of 12 2.0 . In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 County may access end use collaterel to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements ea required by the Construction Plena, when such improvements have not been completed in accordance with the Construction Schedule. 2.2 WAL Pwmita County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning pernrits, septic permits, or any other permit issued by my department of the County. 2.3 p. County may seek relief in law or equity by tiling an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements es described above. 2.4 ltevet: t on of UTIR Permit. Property Owner acknowledges that failure to comply with the terns of this Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole dis retion by proceeding with revocation under the then current provisions of the Weld County Code. 3.0 This Agreement shall terminate upon the earliest of the following events: 3.1 fanmAncanman. Coanty may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code Section 23-2-240. However, County may still exercise ell necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. 3.2 rdatilliatigahllabklltifilltillatiT4.1941199 of this Agreement shall occur upon Property Owner's complete cessation of all activities permitted by the USR including any clean up or restoration required. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issu otoo of a partial release/vacation corotitute a Termination. Unless informed in writing by the Properly Owner of cessation of activities, end verified by the Courtly, cessation shall only be presumed if the County determines that the USR hes been inactive for three (3) years. Property Owner shall not be emitted to a Masse of Project or Wamaty Collateral unless end until the improvements required by this Agreement are completed. 3.3 illimarattudiscimmentAggSRMS,This Agreement shall terminate following County's execmion of a new Improvements Agreement with a new property owner or operator who has purchased ttu Property or bag assumed the operation of the business perndtted by the USR, and intends to make use ofthe rights and privileges available to it through the then existing USR. 3.4 Revecrtian of USR This Agreement shall terminate following County's revocation of Property Owner's USR, except that the Property Owner shall only be released from this Agreement after the sucoessPol completion of all improvements required under this Agreement, which may be completed by County after accessing Property Owner's collateral if Property Owner fails to complete such improvements. DPG Farms, I.I,C and Calvin Goa do 1-2 Caniracting Company - USRIv-0071-OFFSIA20-0o03 Pagc9of12 1.1 Property Owner may not delegate, busie , or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement we assigned. Catmint to a defegedoa or an swig non will not be unreasonably withheld by Camay. In such case. thopstty Owneest relaso of der obtigattons shall be aaoraplished by Cowry's execution of a now lieprovnments Agnaastent with the successor owner of the property. 1.2 County's rights and obligetloes under this Agreement shell automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement 2.0 Sgmlglint, If arty non or condition of this down. shell he 1 to loo invalid, illegal. or unenforeeabte by a coot or compestn►t jurbtdibNon, this Agreememtahett be conserved and attained without such provision, to the extant that this Agreement is then capable of execution within the original intern of the parties. 3.0 Ggnmogagdjggstogty, No tam or condition of this conheet shall be construed or interpreted ss a waiver, sowed or implied, of any of the immunities, rights benefits, protections or other pmvislons, of the Colorado Gave:woa d.' Immunity Act ft24-10-101 et seq., as applicable now or hereafter amended. 4.0 Amildtlient or Modification, Any amendments or modifications to this agreement shell be in writing and signed by both parties. 5.0 9e Third -Party Benefioiaty, It Is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, end all rights of action relating to such enforcement, shall be strictly reserved to gte undersigned perdu and nothing in this Ague. shall give or altowany delta orright of action whatsoever by any other omen not included in thle Agreement. It le the express hoodoo of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be as incidental benefciszy only. 6.0 Board rat ry old G en Ann This Agreement shall not be valid until ft has beat approved by the Board of County Commissioners of Weld County, Colorado or its desiga00. 7.0 Colorado few, end rules and tegolatioas established parson.. thou. she besppltedb dace' execution, and endsicement ofl6ls Atonement Any provision Included or huorpontted herein by seaman. which conflicts with saki lave, rules and!orregnietionn shell be null out sold. In the mot ors legal dispub between die parties, the perdu twee the the Weld Comity Moir* Court or Federal ral District C.oent (brae District of Colorado shell have enchashojgistfi on toro oiva said dispute. 8.0 Aggtayeingsamiloft In the event of a dispute between County and Properly Owner, concerning this Agreement, the parties agree that tech party shall be responsible for the payment of attorney fees and/or legal coats incurred by or on its own behalf 9.0 $pleate of lability, Property Owner shell 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 DPG Panne LLC and Calvin Gore c!o J-2 Contracting Company— USRI9-0071— OPFSIA2a-0003 Page le of 12 and description caused by, wising from, or on account of the design end construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, together with aU reasonable expenses and .homey kits 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 °thawing except for the liability, loss, a damage arising from the intentional torts or the gross negligence of the County or its employ.. while acting within the scope of their employment. All contractors and other employees espied la construction of the improvements shall maintain'dequste worker's compensation i st seoe and public liability insurance coverage, and shall operate in strict accordance with the laws end regulations of the State of Colorado governing ocapstiosal safety nod health. 10.0 abgbijsditgligagtighigt Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 11.0 m Sian. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal opacity to execute end deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the perforrnaaoe of such party's obligations hemumdo have been duly authorized and that the Agreement is a valid and legal agreement t binding on such party aid enforceable in swordsmen with its teens. If requested by the County, Property iTvner shall provide the County with proof of Property Owner's authority to ester into this Agreement within five (5) days ofreoeiving such request. Comity and Property Owiar nektawledge that each Ines read this Agroememt utdwOmds It and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or Iseorpoossd Exhibits, is the complete and inclusive statement ofageeement between the parties and supersedes.d proposals or prior agreements, oral or written, and any other communications between the patios relating to the subject mater of this Agreement. 13.0 Notwithstanding any other provision contained in this Agreement for any conflict or potsndal conflict between any tam in this Agreement and the Resolution of the Bard of County Comumissiomsn approving the underlying laid use permit, the pmvisions of the Board's Resolution shell control. In the event oft discrepancy between this 'gamma and the Weld County Code in effect at the time of the agnomen the tams of the Weld County Code shall control. 8R DPG Pans, LLC old Calvin Goza do 1-2 Conting Company - USItl4-0071- OPI+SIA20 0003 Pagetracllofr2 PROPERTY O i-2 Coatraaing Co. By: Dace: ///7/Z0 Name: / LINiee TOU pasoF./►, STATE OF COLORADO County of Wald The foregoing instrument was acknowledged before me this ,day of,} 2021, by i/#, [ LA" / �rfe fi r✓ r WELD COUNTY � L ATTE$7L�tfeSe 1Y1K� / o• fi4K Weld BY: S. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEB 08 2021 DPO Fauns, LLC end Calvin Goys do 1.2 Contracting Company — °SRI9.007! — OFFSIA20-0003 Page l2otli '^�/rd`f�i 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. US&tH-b0/i tiro Pir Pc►bLtc �V/rr�s Ir �?.d�, F'AX4WAy En!MANG& N ersuueMuuwiu urin.r:� .itxtLIAR aye DESIC7A1 • .-.i'_'^_733,.. CplMINT f7nn:4,fil7"fTii111/1/ S. -I 77:77.117,27. 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