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Home My WebLink About20241908.tiffRESOLUTION RE: APPROVE RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL FOR AMENDED USE BY SPECIAL REVIEW PERMIT AMUSR-1394 - ZADEL FAMILY, LLLP, C/O NORTHERN COLORADO CONSTRUCTORS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 14, 2008, the Board of County Commissioners approved Amended Use by Special Review Permit AMUSR-1394, for Zadel Family, LLLP, do Northern Colorado Constructors, Inc., 9075 County Road 10, Fort Lupton, Colorado 80621, for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District on the following described real estate, to -wit: Lots 3, 4, 5, 6, 7, and 12, and part of Lot 11, of the Lupton Meadows Land Company Subdivision, together with the former right-of-way of the Denver, Laramie, and Northwestern Railroad; all being part of Section 24, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on May 26, 2010, pursuant to certain Conditions of Approval, the Board accepted an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Zadel Family, LLLP, do Northern Colorado Constructors, Inc., with further terms and conditions being as stated in said agreement, to include collateral in the form of Performance Bond #6619641, issued by First National Insurance Company of America, do Flood and Peterson Insurance, Inc., 4687 West 18th Street, Greeley, Colorado 80634, in the amount of $13,121.00, and WHEREAS, staff from the Weld County Department of Planning Services received a letter from Chris Zadel, representative of Northern Colorado Constructors, Inc., requesting the Board of County Commissioners release the currently held collateral for AMUSR-1394, in the amount of $13,121.00, procured in the form of Performance Bond #6619641, issued by First National Insurance Company of America, and accept replacement collateral provided by Zadel Family, LLLP, do Northern Colorado Constructors, Inc., in the amount of $13,121.00, procured in the form of Performance Bond #7901130734, issued by Nationwide Mutual Insurance Company, 1100 Locust Street, Des Moines, Iowa 50391, a copy of which is attached hereto, and WHEREAS, staff has reviewed the collateral requirements and the replacement collateral in the form of Performance Bond #7901130734, issued by Nationwide Mutual Insurance Company, and recommends release of the currently held collateral and acceptance of the replacement collateral, and Cc: PL(ER/t4 J/VA/bA/5'rM/KR/MW) oS7Al /2.4 2024-1908 PL1682 RELEASE COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL (AMUSR-1394) - ZADEL FAMILY, LLLP CIO NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 2 WHEREAS, after review, the Board deems it advisable to accept said Performance Bond #7901130734, as stated above, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that replacement collateral in the form of Performance Bond #7901130734, issued by Nationwide Mutual Insurance Company, 1100 Locust Street, Des Moines, Iowa 50391, in the amount of $13,121.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said original expired collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of July, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY Cni nRaDO ATTEST: i. eJ j l %vi Weld County Clerk to the Board BY: • kJU Ili ) Deputy Clerk to the Boar APPRO n y,.w.rney Date of signature: _ 22 z4 Key Perry L. B ike Freeman Pro-Tem t K. James XCUSED Lori Saine 2024-1908 PL1682 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Release of Current Held Collateral and Acceptance of Replacement Collateral for: Zadel Family, LLLP do Northern Colorado Constructors, Inc. — AMUSR-1394 DEPARTMENT: Planning Services DATE: May 14th, 2024 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from Chris Zadel, representative of Northern Colorado Constructors, Inc., requesting that the Board of County Commissioners release the currently held collateral for AMUSR- 1394 in the amount of $13,121.00 procured in the form of Performance Bond #6619641 issued by First National Insurance Company of America and accept replacement collateral provided by Zadel Family, LLLP c/o Northern Colorado Constructors, Inc in the amount of $13,121.00 procured in the form of Performance Bond #7901130734 issued by Nationwide Mutual Insurance Company, a copy of which is hereto attached. Weld County Planning Services has reviewed the above mentioned signed original document and collateral requirements and recommends this release of collateral and acceptance of replacement collateral. 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. 3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the Regular Agenda. Weld County Collateral List: Zadel Family, LLLP, do Northern Colorado Constructors, Inc. USR #1394 (PL1682 #2010-1130) Performance Bond 06619641 From First National Insurance Co of America $13,121.00 Auto renewal until released by obligee Consequences: • The new development can pay their way for the improvements required by the new development on the County Roadways, or the County will be required to pay for the improvements required by the new development. Impacts: • Traffic related to the new development warrants the requirement of certain safety improvements and new development with high traffic volumes impacts the County Road systems and causes wear and tear more quickly than normal traffic volumes. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • County will hold collateral should the County need to draw on it in order to complete the work required. No direct costs for the County by supporting the recommendation. Recommendation: Option 2. The Department of Planning Services are recommending approval of the release of collateral and acceptance of replacement collateral for Zadel Family, LLLP c/o Northern Colorado Constructors, Inc. — AMUSR-1394, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine oCR 2024-1908 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 August 27, 2024 Sent by email to Chris Zadel: chriszncconstructors. com RE: Release of Performance Bond #6619641 - AMUSR-1394 -- Zadel Family, LLLP, c/o Northern Colorado Constructors, Inc. Dear Chris: Enclosed please find copies of the letter to the insurance company and the released Performance Bond #6619641 and a copy of the Board of County Commissioner's Resolution, dated July 15, 2024, authorizing the release of the Performance Bond in the amount of $13.121.00 for AMUSR-1394 and accepting replacement collateral for the same amount in the form of Performance Bond #7901130734, issued by Nationwide Mutual Insurance Company. If you have any questions, please contact me at (970) 400-4227, or email me at choffman@weldgov.com. ry truly yours, Cheryl LHo an Deputy Clerk to the •ard Enclosure cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Max Nader, Department of Planning Services Clerk to the Board File PL1682 August 26, 2024 Flood and Peterson Insurance, Inc. 4687 West 18th Street Greeley, CO 80634 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 RE: Release Performance Bond #6619641 — AMUSR-1394 — Zadel Family, LLLP, c/o Northern Colorado Constructors, Inc. Dear Sir: Enclosed please find the released Performance Bond #6619641 and a copy of the Board of County Commissioner's Resolution, dated July 15, 2024, authorizing the release of this Performance Bond #6619641 held as collateral in the amount of $13,121.00 for the above referenced case. We have received replacement collateral in the form of Performance Bond #7901130734, issued by Nationwide Mutual Insurance Company, in the amount of $13,121.00. If you have any questions, please contact me at (970) 400-4227, or email choffman@weld.gov. truly yours, Cheryl L. f offm. Deputy Clerk to the Enclosure cc: Chris Zadel, Northern Colorado Constructors, Inc. Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Max Nader, Department of Planning Services Clerk to the Board File PL1682 PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT I I I I w1 I I I I I I I 0 U, a N 0^ a N 0^ Int U IT a a Cl a N 1 a a a a N r9 U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'"'. 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 PS Form 3800, Apr : 2J15 PSN 7530-02-000-9047 wrem Postm rk 4„ r iiptii See Reverse for Instructions i I 2 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: 9590 9402 8258 3094 6629 55 1-He7 1OL6 eo 1111111111 �Ifllll�llllllllllllllllll COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee *at of Deli D. Is delivery address different from item 19 V If YES, enter delivery address below: ❑ No ry 2. Article Number (Transfer from service label) 7021 1970 0000 909? 0503 3. Service Type ❑ Adult Signature Adult Signature Restricted Delivery edified Mail® ❑ edified Mail Restricted Delivery O Collect on Delivery ❑ Collect on Delivery Restricted Delivery ed Mail ed Mail Restricted Delivery $500) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery D Signature Confirmations"" ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt so•\ ' MANCE BOND FOR dIONERS OF WELD COUNTY, COLORADO BOND #6619 i 5 BY THESE PRESENTS, that Northern Colorado , 9075 WCR 10; Fort Lupton, CO 80621, a Corpora ` ion, ,he laws of the State of Colorado, with its prin5fipal A at 9075 WCR 10; Fort Lupton, CO 80621, hereinaf r �Olcipal" , and First National Insurance Company of /`erica, of ogre za, Seattle, WA 98185, hereinafter called "Surety, are held `` y ound unto Board of County Commissioners of Wel. County, G ,rado, o behalf of Weld County, Colorado, hereinafter, called ;�&bligee" in e full and penal sum of Thirteen Thousan• One Hundred Twenty -One Dol =rs ($13, 121.00) , lawful money of the Uhf` ted States for the payment of .'ch well and truly made, we bind ou .elves, our heirs, administrators, s cessors and assigns, jointly and,everally, firmly by these presents. , 41 WHEREAS, the abe-bound Principal has obtain from the Obligee `i land use permit, na (Northern Colorado Constctors, Inc.) and pursuant to the requi -ments of said pe Improvements Agreement, dat - May 26 Obligee, and WHEREAS, The Improvements•.4gre a performance bond in an amount -qua improvements for which Principal i beneficiary, and e ob rA: fined or is about to y Zadel Family, LLLP, - AmU -1394 for NCCI Pit #1, it, has entered into an 2010 , with nt requires Principal to obtain to the total cost of the esponsible and naming Obligee as WHEREAS, the value of imp."ovemenfor which Principal is responsible equals Thirteen T.usand, O Hundred Twenty -One Dollars, ($13,121.00). NOW, THEREFORE, THE CONDI ON OF THIS OBLIGA ION IS SUCH, that if Principal shall well, tr y and faithfully pe orm its duties, and all of its undertakings, co,enants, terms, and con.'tions as set forth in the Improvements Agrees ent, and if Principal sha satisfy all claims and demands set fort in said agreement, and shat' fully indemnify and save harmless Obil e from all costs and damages which it may suffer by reason of Principe; ' s failure to perform as agreed, d shall reimburse and repay Oblige- all outlay and expense which Oblige- may incur in making good an default, then this obligation shall be ull and void; PROVIDED FUER, that if Principal shall default in any • its obligation set forth in the Improvements Agreement, and th.eafter fail to f -ly indemnify and save harmless Obilgee from all c:.ts and damages + ich it may suffer by reason of said default, this ob gation shall -main in full force and effect; PRO DED FURTHER, that Surety, for value received hereby stipulate and a• ees that no change, extension of time, alteration or addition to he rms of the Improvements Agreement to the work to be performed hereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew annually automatically, from the date of this bond until its release by Obligee, to guarantee that Principal shall well, truly and faithfully rform its duties, and all of the undertakings, covenants, terms, an c•iditions set forth in the Improvements Agreement, and any extensio:s the.eof which may be granted by Obligee with or without notice to Sure The par.' es to this Performance Bond acknowledge that through Improvements Agreement, Obligee reserved the right to require rincipal to obtain different Performance Bond from a financial ins : tution on other than urety in the event that the rating of Surety bAM Best falls below . B+ rating. IN WITNESS WHER.OF, this instrument is executed in four (4) counterparts, eaone of which shall be deemed an or ginal, this 26th day of May , 2010. nc (SEAL) p al S' cre r'y/Witness NORTHERN COF:RADO CONSTRUCTORS, INC. Principal By: • 1 IRST NATIONAL INSURANCE COMPANY OF AMERICA • pv_ Witness as to Surety K ne E. Vogel, Attorney -in -Fact, P.O. Box 578 Safeco laza Address Address 98185 IMPORTANT: Suret company executing bond must appe... on the Treasury Department's m'st current list (Circular 570 as mended) and be authorized to ransact business in the State of Colorado Bond must .e accompanied with Attorney -in Fact's autho ,ty from the surety co any certified to include the date of the bond. POWER OF ATTORNEY KN ALL BY THESE PRESENTS No 9031 That 'LST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ******** ROYAL R L WILLIAM C BENSLER, DIANE CLEMENTSON, KATHERINE E DILL, DARLENE KRINGS, R SELL D LEAR, YELL,BRANDITETLEY, KELLY T URWILLER, K'ANNE E VOGEL, JENNIFER WINTER Freeley,CO****** as true and lawful attey(s)-in-fact, with full authority to execute on behalf of the comp -�;' fidelity and surety bonds or undertakings and other do attests of a similar character issued by the company in the course f as business, and to bind FIRST NATIONAL INSURANCE C MPANY OF AMERICA thereby as fully as if such instruments h r been duly executed by its regularly elected officers at its home o '::e IN WITNESS WHEREOF, FIRS `. ATIONAL INSURANCE COMPANY OF AMERICA h.,;'executed and attested these presents this 4th p404 kill Dexter R Legg, Secretary day of cember , 2009 TI r •thy A Mikolagewski, Vice President CERTIFICA r Extract from the By -Laws of FIRS`+-NATIONA,INSURANCE COMPANY OF AMERICA "Article V, Section 13 - FIDELITY AND SURETY BOND'•, t President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer ;' arge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles,%/, h authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by i %e a.', pany in the course of its business On any instrument making or evidencing such appointment the signatures may be affixed . facsim On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile ;�' ereof, may .e impressed or affixed aria any other manner reproduced, provided, however, that the seal shall not be necess- :•% to the validity ./any such instrument or undertaking " Extract fro a Resolution of the and of Directors of FIRST NATIONAL INS . ' NCE COMPANY OF ERICA adopted July 28, 1970 "On any certificate executed by the Secretary r an assistant secretary of the.'..mpany setting out, (I) The provisions of Article V, S ion 13 of the By -Laws, and (n) A copy of the power-of-attory appointment, executed pursuant the o, and (iii) Certifying that said power -4' -attorney appointment a in full force and e''�ct, the signature of the certifying officer i `ay be by facsimile, and the seal of the Compan ay be a facsimile thereof " I, Dexter R Legg , Se '-tary of FIRST NATIONAL INSURANCE COMPANY 0'. • MERICA, do hereby certify that the foregoing extracts of the By-L..+'s and of a Resolution of the Board of Directors of this c'..oration, and of a Power of Attorney issued pursuant thereto, are ,' a and correct, and that both the By -Laws the Resolution and th:- Power of Attorney are still in full force and effect IN WITNESS WHEREOF,' have hereunto set my hand and affixed the facsimile seal of said .oration this 26th day of May , 2010 Po* 42ill Dexter R Legg, Secretary 49/DP 3/09 WEB\PDF PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY. COLORADO BOND 87901130734 KNOW ALL PERSONS BY THESE PRESENTS, that Northern Colorado Constructors. Inc.. 9075 County Road 10, Fort Lupton, CO 80621, a Corporation, organized under the laws of the State of Colorado, with its principal office located at 9075 County Road 10. Fort Lupton. CO 80621, hereinafter called "Principal", and Nationwide Mutual Insurance Company. 1100 Locust Street, Des Moines. IA 50391. hereinafter called "Surety" are held and firmly bound unto Board of County Commissioners of Weld County, Colorado, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the full and penal sum of Thirteen Thousand One Hundred Twenty -One and No/100ths Dollars ($13,121.00), lawful money of the United States for the payment of which well and truly made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above -bound Principal has obtained or is about to obtain from the Obligee a land use permit, namely Cadet Family, LLLP, (Northern Colorado Constructors, Inc.) — AmUSR.-1394 for NCCI Pit 81, and pursuant to the requirements of said permit, has entered into an Improvements Agreement, dated , with Obligee, and WHEREAS, The Improvements Agreement requires Principal to obtain a performance bond in an amount equal to the total cost of the improvements for which Principal is responsible and naming Obligee as beneficiary, and WHEREAS, the value of improvements for which Principal is responsible equals Thirteen Thousand One Hundred Twenty -One and No/100ths Dollars, ($13,121.00). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set forth In the Improvements Agreement, and if Principal shall satisfy all claims and demands set forth in said agreement, and shall fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of Principal's failure to perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee may incur in making good any default, then this obligation shall be null and void; PROVIDED FURTHER, that if Principal shall default in any of its obligations set forth in the Improvements Agreement, and thereafter fail to fully Indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of said default, this obligation shall remain in full force and effect; PROVIDED FURTHER, that Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvements Agreement to the work to be performed thereunder, shall in any way affect its obligations on this bond, and It does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew annually automatically, from the date of this bond until Its release by Obligee, to guarantee that Principal shall well, truly and faithfully perform its duties, and all of the undertakings, covenants, terms, and conditions set forth in the Improvements Agreement, and any extensions thereof which may be granted by Obligee with or without notice to Surety. The parties to this Performance Bond acknowledge that through the Improvements Agreement, Obligee reserved the right to require Principal to obtain a different Performance Bond from a financial institution other than Surety in the event that the rating of Surety by AM Best falls below a B+ rating. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 27th day of March• 2024. Principal: Northern Colorado Constructors. Inc. Principal Secre ary/Witness (SEAL) ness as to urety PO Box 578 Address Greeley. CO 80632-0078 Address By: CI, .. Title 1100 Locust Street Address Des Moines. IA 50391 Address IMPORTANT: Surety company executing bond must appear on the Treasury Department's most 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. Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: BRETT KEMP; DULCE R HUGGINS; JULIE RUSSELL -WARNER; KELLY T URWILLER; KEVIN BAIRD; RUSSELL D LEAR; SHAROLYN LOPEZ; each in their Individual capacity, its true and lawful attomey-In-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as If such Instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attomey is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory In nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such ettomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, khstntments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them maybe printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of Its officer the 20th day of August, 2021. Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August, 2021, before me came the above -named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Pubtic an Eq,ims a. 20Y4 CERTIFICATE I, Laura B. Guy, Assistant Secretary of the Company, da hereby certify that the foregoing is full, true end coned copy ."125111ower of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of tho' he meetings of the boards of directors and the same has not been revoked a amended in any manner; that sis,','IgrriZiorra:c7fr id ntonio C. Albanese was on the date of the execution a the foregoing power of attorney the duly elected officer of the company, and the corporate seal andweredulyaffixed and subscribed to thesaid instrumentertheauthority of said boardof directors; and the foregoing power of attorney is eect. IN ititC WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this a 1 day of BDJ 1(08-21)00 Stephanie Rubino McArthur Notary Public, State of New York No. 021.6270117 Qualified In New York County comm.. Exstros c0akrr SR 2424 Assistant Secretary Swiss Re. Corporate Solutions Cancellation and Nonrenewal Notice RECEIVED NOV 2 0 2023 W p COUNTY COMMISSIONERS To : BOARD OF COUNTY COMMISSIONERS, COUNTY OF WELD, STATE OF COLORADO P.O. BOX 758 GREELEY, CO 80632 USA You are hereby notified of the Surety's election to cancel or nonrenew, as applicable, the below captioned bond in accordance with the terms of the bond whether contained therein or within the applicable laws or regulations. Bond Number : 2269305 Type of Bond : SUBDIVISION BONDS LESS THAN 5 MILLION Effective Date : 03/27/2022 Principal: NORTHERN COLORADO CONSTRUCTORS, INC 9075 WELD COUNTY ROAD 10 FORT LUPTON, CO 80621 USA Surety: Swiss Re Corporate Solutions America Insurance Corporation This notice is mailed to you on 11/14/2023. This notice is effective on 03/24/2024. Swiss Re Corporate Solutions America Insurance Corporation Janssens, By: Erik J Vice President cc : FLOOD & PETERSON INSURANCE, INC. 4687 WEST 18TH STREET GREELEY, CO 80632 NORTHERN COLORADO CONSTRUCTORS, INC 9075 WELD COUNTY ROAD 10 FORT LUPTON, CO 80621 USA 1450 American Lane, Suite 1100, Schaumburg, IL 60173 Direct Dial: 847-273-1210, Toll free: 800-338-0753 NOT-CAN2 0122 enior 29O RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR AMENDED USE BY SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, CIO NORTHERN COLORADO CONSTRUCTORS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 14, 2008, the Board of County Commissioners approved Amended Use by Special Review Permit #1394, for Zadel Family, LLLP, do Northern Colorado Constructors, Inc., 9075 County Road 10, Fort Lupton, Colorado 80621, fora Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District on the following described real estate, to -wit: Lots 3, 4, 5, 6, 7, and 12, and part of Lot 11, of the Lupton Meadows Land Company Subdivision, together with the former right-of-way of the Denver, Laramie, and Northwestern Railroad; all being a part of Section 24, Township 2 North, Range 67 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Zadel Family, LLLP, c/o Northern Colorado Constructors, Inc., with terms and conditions being as stated in said agreement, and - S WHEREAS, the Board has been presented with Performance Bond #6619641 from First National Insurance Company of America, do Flood and Peterson Insurance, Inc., 4687 West 18th ▪ Street, Greeley, Colorado 80634, in the amount of $13,121.00, and MINIMMIS IMMO 2�d MEN WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Performance Bond as stated above, copies of which are attached hereto and incorporated herein by reference. ,..r. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld T S County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for C Improvements between the County of Weld, State of Colorado, by and through the Board of County =o a Commissioners of Weld County, and Zadel Family, LLLP, c/o Northern Colorado Constructors, Inc., be, and hereby is, approved. N w I i,ti lv Mood ,Pe� 'so CL: PI_, pi„),AppI. $ ate -r0 6-a; 2010-1130 PL1682 IMPROVEMENTS AGREEMENT - ZADEL FAMILY, LLLP, CIO NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 2 BE IT FURTHER RESOLVED that Performance Bond #6619641 from First National Insurance Company of America, do Flood and Peterson Insurance, Inc., 4687 West 18th Street, Greeley, Colorado 80634, in the amount of $13,121.00, be and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of May, A.D., 2010. ATTEST: Weld County Clerk to the BY:. t+ 0 t,Gi.c BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO Barbara Kirkmeyer, Pro -Tern Dept vClerk 4, }he Board EXCUSED APPROVED A .,%FORM: A County Attorney Date of signature: 1111111111111111111111111111 11111111111 III 11111 IIII IIII 3700290 06118/2010 11:54A Weld County, 2 of 27 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Sean P. Con iam F. Gar David E. Long 2010-1130 PL0525 ORIGINAL IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Zadel Family, LLLP, (Northern Colorado Constructors, Inc.) — AmUSR-1394 THIS AGREEMENT, made and entered into this 26th day of May , 2010, by and between the City of Thornton, Colorado, hereinafter called "Property Owner," Northern Colorado Constructors, Inc., hereinafter called "NCCI", and the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County." WITNESSETH: WHEREAS, Property Owner is the owner of and NCCI is the lessee of the following described property in the County of Weld, Colorado: Lots 3, 4, 5, 6, 7, and 12, and part of Lot 11, of the Lupton Meadows Land Company Subdivision, together with the former right-of-way of the Denver, Laramie, and Northwestern Railroad; all being a part of Section 24, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, Property Owner and NCCI have acquired land use permits from County for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Materials Blending, Import of Materials, and Gravel Mining, on approximately 175 acres on the above -described real property, and the County is currently in the process of amending an Use -by -Special Review filed by NCCI for the Property (AmUSR-1394), and WHEREAS, County acknowledges that pursuant to the Water Storage Reservoir Construction Agreement (hereinafter referred to as "Lease Agreement") executed by Property Owner and NCCI on May 14, 2008, NCCI shall use the property for the construction and operation of industrial 'i facilities related to the core business of NCCI, defined under the Lease Agreement as gravel mining, and develop the mined gravel pit for delivery to Property Owner for use as lined water • storage, and E5 WHEREAS, Property Owner acknowledges that while NCCI may be primarily responsible for ▪ a complying with the terms and conditions of this Agreement and the conditions of USR-1394 and g AmUSR-1394, in the event of non-compliance by NCCI, the property may become subject to M various judicial restrictions and possible liens, and r≥w WHEREAS, the Property Owner and NCCI acknowledge that the issuance of AmUSR-1394 is mumr2 conditional upon NCCI's performance of the on -site and off -site improvements which are described in this Agreement and depicted in a set of plans provided by NCCI (hereinafter referred to as F. "Plans"), a copy of which is attached to this Agreement and made a part hereof, and - as ' l Doom ,,n s an,I Ssfr,us,,,nsrr,o`,Lrssl knn "rumpc!mn {m¢ono FiIo'Cs,aet (h,1I, ok2'JUOUSWO,A,nsJ}t�-139 i- Nt Ci=t�in�nsun-C Cdl o +u� d.�v Page I of 18 - ch 2010-1130 WHEREAS, Property Owner and NCCI acknowledge that while NCCI may engage in the activity related to the businesses described above prior to the initiation and/or completion of said improvements, County may revoke the permit(s) if the improvements are not completed as described in this Agreement, and WHEREAS, the parties agree that NCCI shall be primarily responsible for the completion of the on -site improvements as set forth on the accepted Construction Plans and AmUSR-1394 Plat Map, (with Property Owner being responsible for said improvements only in the event of NCCI's failure to complete the improvements), and that NCCI shall post collateral for only the on -site landscaping improvements upon its execution of this Agreement, and WHEREAS, the parties agree that neither Property Owner nor NCCI shall be required to commence work on any on -site improvements, other than landscaping, or any of the off -site improvements, nor to provide collateral for said improvements until NCCI submits and receives approval for an application for grading permit or for a Right -Of -Way permit for construction of accesses and work within the County Right -Of -Way. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off -Site Improvements: 1.0 Weld County Road 25: In the event NCCI determines that a concrete and/or asphalt batch plant shall be constructed, NCCI shall be responsible for the construction of certain on -site and off -site safety improvements, which shall include: construction of adequate asphalt or concrete paved taming radii (60) feet at the main entrance onto WCR 25, drainage and signage installations, as indicated on the approved construction Plans. The main entrance improvements will include asphalt or concrete paving to the scale house and loading dock, in accordance with the requirements of the Department of Public Works. 2.0 Road Improvements Responsibilities: NCCI shall be responsible for all designated improvements, as specified above in Section A.1.0, on WCR 25, and for any other construction e improvements mandated by the County, and for all expenses associated therewith. These responsibilities may include, but are not limited to the following: design, surveys, utility locates; lasts present and future right-of-way clearances and permits; coordination with oil and gas operators and al facilities, affected railroad facilities and affected irrigation facilities; traffic control; and project safety during construction. NCCI shall obey all applicable regulations issued by the Occupational =8 Safety and Health Administration (hereinafter "OSHA"), Colorado Department of Public Health M -01, § and Environment, (hereinafter "CDPHE") and other regulatory agencies. min, 6 it 3.0 Engineering_ Design and Construction Plans: All engineering designs and T o construction plans provided by NCCI shall include, at a minimum, ingress/egress entrance intersection layouts, elevations, existing and proposed grading, drainage designs, storm drainage =„9. m pipe sizings and inverts, a cross section of the base/asphalt, approach roads, and adequate turning radii, and pavement markings. In addition a geotechnical asphalt pavement design to accommodate ,ir.o heavy truck traffic, prepared by a Professional Engineer licensed to practice in Colorado, is rripvrr MININ N .tkrcu�lnmi�und5�ttingcusue t H.coal.i1i1..IcallK-y".,'tiulanyti�fca§t'>n�cm.xtlkwk','llitHAW(PAmlINR-13' 1 h(l:I=ihs�nikw�•I'in�l I9-4-1IIi1,Jtiwx l 4t it -tom 39d \ rtw c FH ✓ ,.. Page 2 of 18 1r required for WCR 25. These plans, when reviewed and accepted by the Weld County Engineer, which shall be a part of this Agreement. For all construction in the County right-of-way, prior to the issuance of any access permit or right-of-way permit, a construction schedule giving times and locations of all proposed improvements shall be provided to Public Works for review and acceptance. 4.0 Construction Standards: All construction and materials controls for a project shall conform to the requirements in effect at the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 5.0 Traffic Control: Prior to the construction in the County right-of-way and as a condition of issuance of any access permit or right-of-way permit, NCCI shall submit a traffic control plan for County review. During construction, signage shall be posted in accordance with the then current version of the "Manual of Uniform Traffic Control Devices". 6.0 Off -Site Dust Control and/or Paving (If Applicable): County will determine the proportionate share of dust control and/or paving costs to be paid by NCCI based upon then current truck trip counts that identify traffic loading due to NCCI-sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of NCCI haul truck traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of haul truck traffic utilizing County roads in the vicinity of the site attributable to NCCI (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County on the primary and requested alternate or revised haul routes. The County will have sole responsibility for determination of the percentage of truck traffic on all affected roads. 7.0 Future lmtxrovernents: Future improvements to the haul route(s) designated in this Agreement may be required by County for reasons related to: changes in site activity or truck circulation patterns and numbers, roadway classification changes, and newly permitted facilities affecting the haul route traffic usage. NCCI shall address all Colorado Department of Transportation (CDOT) access issues associated with afore -mentioned haul route. Future CDOT or County mandated measures may include improvements to the following intersections: WCR 18 and US Highway 85, WCR 18 and WCR 25, WCR 18 and WCR 23, and WCR 25 and WCR 20.5. NCCI shall pay a proportionate cost share based on the number of truck trips using then current data on the haul route in the implementation of the above -mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. 8.0 Timing of Improvements: NCCI shall not be required to complete the aforementioned offsite improvements until the occurrence of the triggering event for each improvement, namely requirements of the County pursuant to Paragraphs A.6.0 and A.7.0 above, the application for the grading permit or Right -Of -Way access permit resulting from the commencement of activities on the property(s). At that time, NCCI agrees that the required collateral will be posted and all on -site and offsite improvements shall commence and shall be completed within the parameters established in Section E.-7.2 and Exhibit"B-2", herein. II.''I o.'pnSetwig,mrnunnrl,,,, S.mg,Iempt ar )genictI C,.. 'ontcnt,(kulvt.,pl43qVW4 5,uLsR-k")4.NC, I-'IhnrnR.-I'maI ciAjtl,14, 4 .Fi-0tiet byweio444e+ A.,- 444444',041.4t,lmprut. NC44-N .-441,t-4;-t ,P -Woe., Page 3 of 18 9.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, NCCI shall contact a representative of the Weld County Department of Public Works and request an inspection of the off -site improvements described in paragraph A.1.0 and A.2.0 above. The County's representatives may then initiate the acceptance process set forth in Paragraphs E.6.0, sections 6.1-6.3. 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted construction plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: 1.0 Established Haul Routes: 1.1 The main eastbound route is defined as follows: out of the NCCI Pit #1 operation main entrance, south on WCR 25 to WCR 18, thence east to U.S. Highway 85. 1.2 The limited use westbound route is defined as follows: out of the NCCI Pit #1 operation main entrance, south on WCR 25 to WCR 18, thence west to WCR 23 (only temporary local deliveries). 1.3 In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned haul route for a limited period of time (which is defined in this Agreement as a period of not more than thirty days), which shall be established by County at the time that the deviation is allowed. If County approves such deviation, trucks will utilize paved county roads whenever possible. A deviation from the established Haul route lasting more than thirty (30) days or requests for two or more deviations within a twelve month period shall be subject to the terms of Paragraph 4.0 of this Section B. In the event that haul truck traffic, in excess of 15% of the daily facility truck trips, utilizes alternate haul routes, the provisions of Paragraph 4.0 of this Section B shall be triggered. No haul truck may exceed CDOT required specifications for pounds per axle. 2.0 Haul Route Signage: NCCI shall install haul route signs at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No Deviation from Permitted Haul Routes: No deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. Lj.hst'nletll' and 1Ct11n 1sllnariit,1.o ii ini<`;f"iiiv'i5 !1141 I }H.1• NUJ. 111,,111..Incl. t 5 M46,14-1,14 ,,li +nvial „ice: n4 4— L 4. a "1NIIJSR I J)! R E F FhorOo Irld c� Page 4of 18 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Property Owner or NCCI to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in NCCI site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said haul route roads, NCCI agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and/or paving costs to be paid by NCCI based upon then current truck trip counts that identify traffic loading due to NCCI-sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel, C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: NCCI agrees to excavate, repair, or patch any damage on current or future haul route roads, which in the sole opinion of County has been created by heavy truck hauling from the Property. Should NCCI's site activities and/or should NCCI's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of NCCI's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, NCCI shall cooperate with County in maintenance of said roads. The type and method of repair will be determined by the County Engineer or his representative, and may require a written amendment to this Agreement executed by County, NCCI and Property Owner. All repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of NCCI, and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, •gr• E road damage increases beyond the point that repair of damage cannot maintain the road in a safe irirm r3 and usable condition, NCCI shall pay a proportionate cost of a complete restoration based on the ejm. cc a number of then current truck trips on the haul route. r�r a 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners and/or ,� 3 Lessees: It is anticipated that NCCI and other Property Owners and/or Lessees subject to agreements similar to this Agreement will perform the required road maintenance work and will s share in expenses related to the equipment, labor, and materials required. Any such sharing arrangement between NCCI, and other Property Owners and/or Lessees shall be conducted pursuant to separate agreements between NCCI and other Property Owners and/or Lessees. County ▪ approval of said Agreements shall be required only to determine whether the required aWiteg improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when laVg —Er.; l`t-LX c , C,,I' a irl ,' tlisa:,,,:na it!'.a 5 sc�� 4 t era a.Aga}E sc`x; Irrt4v ai1i tl� i rrlcnt.lh{dnu�-L' �litx �tilYt1': aiOi5 13%1- Ntfi• L[wrntntrl.nnul = cameo. i.sni 4 X39.1 --x I -1h e,,:srn 11,1, t5 I - if)) Jot Page 5oft8 5.0 Violation of Terms of Agreement: If NCCI does not perform as outlined in this Agreement and Exhibits "A-1" "A-2", "B-1" and "B-2" such non-performance shall constitute a violation of any and all land use permits granted by County to Property Owner and/or to NCCI for the property described herein, and County will take whatever remedial measures it deems necessary first against NCCI. If NCCI continues to fail to fulfill its obligation(s), County may then take whatever remedial measures it deems necessary against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for revocation of AmUSR-1394 as it now exists or may, from time to time, be amended in accordance with the procedures of the Weld County Code. D. On -Site Improvements: 1.0 Landscaping and Fencing Requirements: NCCI shall landscape and/or maintain the screening/fencing, landscaping and re -seeding of the property where applicable as shown on the accepted Construction Plans and AmUSR-1394 Plat Map. Specifically, NCCI shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re -seeding where applicable as shown on the accepted Construction Plans and AmUSR-1394 Plat Map. Additionally, NCCI shall install and maintain fencing to screen the property where applicable as indicated on the accepted Construction Plans and AmUSR-1394 Plat Map. Some of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way permit is required. g d � y ;.::o 4.0 Acceptance of On -Site Improvements: Upon completion of the on -site w- oe improvements, NCCI shall contact the Weld County Department of Planning Services and the - 0 o Weld County Department of Public Works and request an inspection of the on -site improvements described in Paragraph D.1.0 and D.2.0 above. The County's representatives may then initiate the �o ^ acceptance process set forth in Paragraphs P.6.0, sections 6.1-6.3. N NMI ea I J••1ts'}s:cst':lnd Settltlyntttlilflllt'•L(ical Sett iggi.;fyptl)< Yiii L'ifetne( 1'�I4i.l unxIa ( hill+.l.'•,I30!5 S1Vq'ntitt.S1,1394- NW- tomton-4 in8d t t� 1-111j aka \34F i lrlt—i it hr get,+ {Sr4+a4.4Aio4-.? 4,4444 144 4.4t;torovrt+ lgtet.....1 et.+n--I.,4-44-1- 1Ndtati. Page 6 of I $ 2.0 On -Site Grading, Drainage Facilities and Paving: NCCI shall, at its own expense, grade and/or pave specified roadways, accesses and parking areas, and install accepted drainage facilities, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Construction Plans and AmUSR-1394 Plat Map. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans and AmUSR- 1394 Plat Map for this facility. NCCI shall be responsible for all maintenance of said improvements. Refer to Section A., paragraph 1.0 of this agreement for specific paving requirements extending into the facility site from WCR 25. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. Some of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way permit is required, 3.0 Timing of Improvements: NCCI shall be required to complete the landscaping and screening requirements upon completion of the reclamation process and/or at the time each of the mining phases is completed as shown on the Accepted Construction Plans, whichever occurs first.. NCCI agrees that all other on -site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B-2. E. General Req 1.0 Engineering Services: NCCI shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted Construction Plans according to the construction schedule set forth in Exhibits "B- l and B-2," which are (or shall be) attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 NCCI shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, NCCI shall acquire, at the sole expense of NCCI, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: NCCI shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and AmUSR-1394 Plat Map, costs listed on Exhibit "A-1" and "A-2", and described in parts A and D of this agreement, which are attached hereto and/or incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibits "B-1" and `B-2"(On-site). Any improvements to public rights -of -way or easements which may become required shall be completed also in accordance with a schedule which shall be set forth in Exhibit "B-3" (Off -site). The Board of County Commissioners, at its option, may grant an extension of the time of completion stated herein upon application by NCCI. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County. 3.2 NCCI 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. l__I)csc�tst. l,Lt%ttt� 1u4 t-4-tt1) doc'.1,4' 4.-1 11,1,514e4., 1 nO55ii-4 14)-drtr+r Page 7 of IR 1 i l (.itiN"O,Aii iti 1.194 Vt •(`t-I`Tn rnt4n•} 61;11 bw tkwt ,ss-AgferxirrH' Afs+5iai-4-t'51 'tu a ,,nsx,' 4:55 I., (5 '1 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at NCCI's expense. Any material or work not conforming to the approved plans and specifications, to include but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of NCCI. 3.4 Said USR improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibits "B-1" and "B-2." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on the accepted Construction Plans and AmUSR-1394 Plat Map with associated costs shown on Exhibits "A-1" and "A-2" upon application of NCCI subject to the terms of Section 6 herein. 4.0 Release of Liability: NCCI shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. If NCCI fails to indemnify the County as set forth in the preceding sentence, Property Owner shall so indemnify the County to the extent permitted by law. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of On -Site and Off -Site Improvements: NCCI shall warranty all improvements to public rights -of -way, including all privately created and maintained roads or rights -of -way, or easements, and all on -site improvements for a period of two (2) years. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by NCCI and/or Property Owner, the improvements shall be deemed accepted by the County. 6.1 If requested by NCCI and/or Property Owner and approved by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibits "B-1" and B-2," but such use and operation shall not constitute an acceptance of said portions. and14lti' Iumats Luau oi'r,,,j llmni 11sliaL1tc ( ion SR I/al-NlU-II'.40,II,141 4+l5i/e,�Hµemew,-i- I0,4,t Pagetofl8 6.2 County may, at its option, issue building permits for construction on lots for which the improvements detailed herein have been started but not completed as shown on Exhibits "B-1" and "B-2," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by NCCI. 6.3a. Upon completion of the construction of the required off -site improvements, and the filing of a Statement of Substantial Compliance by NCCI's engineer, NCCI may, as set forth in Paragraph A.9.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two- year warranty period begin. Upon completion of the two-year warranty period, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify NCCI of any deficiencies. If any deficiencies are discovered, NCCI shall correct the deficiencies. The County Engineer shall re -inspect the improvements after notification from NCCI that said deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners may fully accept said improvements. �rrc„,„ U Y - i =o t+_3 S pro ttti o - oS - moo T cc ...i.e. l' lur, ttsi, 5iluni,=.1'en,1ot, tsamll'll.\ onlent.uutluo6ltik•I394• SXi-f114c��tsett^l Eotl - rar- :,,j, t j. 1L'ESA -4kc`•444.4.,004,44-0,144,44-14 o Page 9or18 6.3b. Upon completion of the construction of the required on -site improvements, and the filing of a Statement of Substantial Compliance, when necessary, by NCCI's engineer, NCCI may, as set forth in Paragraph D.4.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two- year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of NCCI, inspect the subject improvements, and notify NCCI of any deficiencies. If any deficiencies are discovered, NCCI shall correct the deficiencies. The County Engineer and/or the Department of Planning Services shall re -inspect the improvements after notification from NCCI that said deficiencies have been corrected. If the County Engineer and/or Department of Planning Services find that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commissioners may fully accept said improvements. 7.0 General Requirements for Collateral: -oo =moo =�o =off � n SON - 01 U11;111110. Mid SCffina.murtn. rsotS nryr,[airoufary hilemelt,Ics`.Conlenl.Oull,wl.\PJlt0I tiwlJAinliSit 13,,Ncel:lt5 54- 101 Jrn l F [ie • -c7� - +hdv Page 10 of 18 7.1 County requires NCCI to provide collateral to guaranty all of NCCI's and for Property Owner's obligations under this Agreement: (1) Project Collateral for completion of all improvements described in this Agreement shall be provided separately for on -site improvements and off -site improvements; (2) Warranty Collateral required for all improvements during the warranty phase; and (3) Road Maintenance Collateral (If Applicable) to be kept in place for the life of the permit. 7.2 Project Collateral, initially for on -site landscaping improvements, submitted to Weld County to guarantee completion of the improvements identified on the accepted Construction Plans and AmUSR-1394 Plat Map and further enumerated in the costs listed in Exhibit "A-1," must be equivalent to One Hundred percent (100%) of the value of the improvements as shown in this Agreement. Collateral for off -site improvements (if any), mentioned in Section A.1.0 of this Agreement that include only improvements involving turning radii and approaches can be included as part of any future on -site collateral amount, if clearly delineated on accepted Construction Plans and AmUSR-1394 Plat Map and differentiated on Exhibit "A-2" On -Site Improvements of this Agreement. Such collateral shall be provided to the County on the dates set forth herein and shall be held in total until all improvements have been completed. The collateral for landscaping must be submitted to County upon the execution of this Agreement.. Additional collateral for all other future On -Site Improvements related to possible permit related activities (e.g., construction of concrete batch plant, etc.,) shall be provided upon submission of NCCI's application for a grading and/or right -of way permit. 7.3 Warranty Collateral for any non -landscaping on -site improvements and any off -site improvements shall be submitted to County and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). 7.4 Road maintenance (If Applicable) collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners. The amount of the collateral required for road maintenance shall be established by the Weld County Department of Public Works based upon its determination of the anticipated expenses, and its determination of the amount shall be final. Road maintenance collateral shall be held by County as long as this Agreement is in effect. If any of this collateral shall be collected by County, NCC1 shall replace the amount within six (6) months. 7.5 Road maintenance (If Applicable) collateral shall be adjusted annually, during the month of January, for inflation. The first adjustment shall be made no less than twelve months after, and in no event later than twenty-four months from, the execution of this Agreement. The adjustment shall be equal to the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. 7.6 Acceptable collateral shall be submitted for on -site improvements required in D.1.0 upon execution of this Agreement and prior to commencement of Site Preparation, as herein defined, for all other improvements. No grading or building permits shall be issued for any site related activities on the property and no Site Preparation shall commence until cost estimates for the improvements are updated and collateral is provided in the amount of One Hundred Percent (100%) of the value of the improvements to be completed, and the Development Plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within the time schedules set forth in "Exhibits B-1" and "B-2", which are attached hereto and made a part of this Agreement. If improvements are not completed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to NCCI's planned operations pursuant to AmUSR-1394 that require a grading or building permit from the County pursuant to the Weld County Code. 7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to One Hundred Percent (100%) of the total value of the improvements set forth in the Improvements Agreement; the LOC shall be subject to the requirements of Weld County Code Section 2-3-30 B. NCCI shall utilize the following form when obtaining an LOC: IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISIIONERS OF WELD COUNTY, COLORADO. A copy of said form shall be provided to Applicant upon request. .I.i. C V MOS°a MOM mom =moo ca �► aim riar.=urn g • S. � o M00 - o 7.10 The Board of County Commissioners of Weld County reserves the right to �o °C reject collateral which is deemed inappropriate or insufficient, which may =▪ N.rl I? ..o...uiJSettin inn„ ..J."uiSo.,-Iciillt,rvti Intetttit 0.1 Oatlia4Apta.,W.r,k,r,,Sit.,394- klJoC4tt l N umO Ot5 I ) 1u��1 i SI+r t tie 4,,,teeiaJ-Kr.o . 44( 1.19i • Fill -lot, Page I I of 18 �Nr 7.8 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One Hundred Percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.NCCI shall utilize only a County approved form when obtaining a surety bond (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO) . A copy of said form shall be provided to Applicant upon request 7.9 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to One Hundred Percent (100%) of the value of the improvements set forth in the Improvements Agreement. be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a "three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best. The Board further reserves the right to require NCCI to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by NCCI within sixty (60) days of the Board's notice to NCCI that the rating has fallen and that the collateral must be replaced. NCCI may not terminate existing collateral until replacement collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, NCCI must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado (hereinafter "Engineer"),that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 8.1 The Engineer or his representative has made regular on -site inspections during the course of construction and the Construction Plans utilized are the same as those accepted by Weld County. vja w arm. I =MN tzr3 MUM o =G1 8.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 If required for this project, a letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. I hic a •r Jr artl tictioa,1 hartm`Local 4�rJ Iern orar5 F344,4 Page 12 of 18 f' rturiC1ut 1k>IJliIK;S1' 'Om 11SIi-It54.NC.C'1-11roranrtial 8.7 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, NCCI and/or the Property Owner, (if Property Owner has supplied any or all of the collateral) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 For all off -site and on -site improvements (including improvements to public rights -of -way or easements), the request for release of "Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. However, collateral for improvements fully accepted for maintenance by a responsible governmental entity, special district or utility company will be fully refunded to NCCI. 8.9 "Road Maintenance Collateral" (If Applicable) shall be maintained as long as the USR is active. It shall be adjusted annually by the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. Road Maintenance Collateral shall be adjusted annually, during the month of January, for inflation. The First adjustment shall be made no less than twelve months after, and in no event later than twenty-four months from the execution of this Agreement. 8.10 The parties agree that the collateral provided for the On -Site Improvements related to landscaping shall be held by County until the State of Colorado approves the reclamation of the property and releases the bond which it holds from NCCI. iv mom I� o - c Imm o . - o 0 � � o n on g a ..... TQ �r0 ,....c,o inn 00 F -1=. O � � � 'o ci ,;,1 >acwncnl. unand tia#Iinus nnnai4pNlu� t1 Stii,,,c I'snnxsru,Jr trlsc#irk cO,,,...,,siIiw6;PJIU,#iv\si&tn,UP,-1 tpl. Nii,1I_'Ihu,,,c N i --I Iii, ,E,, 4 - 4I#-1- , - -4 eed 4-R. i ',, ,,,S#i 1 i v( F-µ 5 I epRwemetos-Mv,et.. , \cd4Sii.44.- vii1 -11...,-14,4-4,4-5-4- 1 p G 441+4.,. Page 13 of 18 (ri 9.0 Successors and Assigns: Except as specified below, this Agreement may not be delegated or assigned in whole or in part by either party hereto without the express written consent of the other party and the written Agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve NCCI or the City of Thornton of any obligations under this Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of NCCI or Property Owner (or either of their assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of NCCI and the Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0 County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 11.0 Violation of Terms of Agreement: If in County's opinion, NCCI and/or Property Owner has violated any of the terms of this Agreement, County shall notify NCCI and/or Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. NCCI and/or Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Paragraphs C. 4.0 and C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. 12.0 Priority of Interpretation: The provisions of this Agreement shall govern the relationship between County, NCCI and Property Owner. Should conflict in any of the provisions of this Agreement and the LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENTS FOR COUNTY ROADS 18 AND 25 (ZADEL) executed 03/21/2005 between County and NCCI pursuant to USR 1394 be identified, the provisions of this Agreement shall prevail. as Ega o 'a � VY at, - d .3y - 3y r�oo o o �� ae = o SON o a ('aLmyltltn<sgntjAl4 s•nm}gtuu':I.tn:llSettttlY, Nlerne, 1.-nton-LIEW - ^ (-1-li,�i �l k_1 k`tiR-1 r-Irr rc�x�ltt�+r?+�1tHl tiffs 1344M WWity.«e mie, dw. Page 14 of l 8 F. Termination of Agreement: 1.0 Termination Event: This Agreement shall terminate upon the earliest of the following events: 1.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Operator's complete cessation of all activities permitted under AmUSR- 1394 or any amendments thereto. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Operator shall provide written notice to Property Owner and County of said cessation of activity, which County shall then verify. If written notice is not provided to County, Termination of this Agreement hall not occur until County has determined that the Use by Special Review is inactive, which shall be three (3) years following County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the Weld County Code. 1.2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — AmUSR-1394 by New Property Owner. This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — AmUSR-1394 with a new property owner who has purchased the Property, and intends to make use of the rights and privileges available to it through the then existing AmUSR. 1.3 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — AmUSR-1394 by New Operator. This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — AmUSR-1394 with a new operator who has assumed the operation of the business on the Property which business activities are permitted by the then existing AmUSR. 2.0 Termination Procedures. 2.1. Termination Procedures Following Cessation of Permit Related Activities. Following the events outlined in paragraph 1.1 above, County shall conduct its annual road inspection. Said road inspection shall be conducted on or before May 31 following the announcement or determination of the cessation of permit related activities on the Property. The results of the inspection shall be delivered in writing to the Property Owner and Operator. If the County determines that pursuant to the terms of this Agreement, the Operator must complete any of the improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable period of time thereafter, but in no event later than six (6) months following the determination that permit related activities have ceased. Collateral shall not be released by County until such time as county determines that all of the improvements have been completed. 2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property or Transfer of Operations. if the Property Owner or Operator desires to assign its rights and obligations under this Agreement to a successor Property Owner or Operator, the Property Owner or Operator shall, prior to the transfer, provide County with a written Notice to Transfer, stating the date of transfer, and identifying the party to whom the transfer shall be made. Following receipt of the Notice to Transfer, County shall inspect the improvements required under the terms of this Agreement to determine whether the improvements have been completed. If the improvements have not been completed, the Property Owner and/or Operator shall either complete the improvements or post collateral equal to the cost of the completion of the improvements, if such collateral is not in place. If collateral is available at the time, County shall hold a hearing to determine whether the collateral should be called upon to pay County or a contractor of the County to complete the improvements. County shall also inspect the road(s) which are covered by this Agreement to assess the current condition of the road(s) and determine whether Operator and/or Property Owner would be required to perform road maintenance within the following twelve months had the Agreement not been assigned. If road maintenance is, in the opinion of County, required, Property Owner and/or Operator shall be required to either perform the road maintenance or to post collateral equal to the cost of said maintenance. County shall not execute a new Improvements Agreement According to Policy Regarding Collateral for Improvements — AmUSR-1394 with a successor Property Owner and/or Operator prior to the performance of the road maintenance or the posting of collateral for said maintenance, unless the new Property Owner and/or Operator posts collateral for the required maintenance. 3.0 Consequence of Termination by Cessation of Permit Related Activities. Following County's confirmation that Property Owner and/or Operator has/have ceased all permit related activities and has/have completed previously uncompleted Improvements and or completed any required road maintenance, County shall release Property Owner and/or Operator from all further r � i .' Ihxtmic�s �Insl lltnN�nt oxo au*.t. I , IrrSi+u+�1 �I `r.11y)g . i owuar Kr.i ii.I.L.•tMnoll tl OLettigC;SWil`:,v,,I'sK-I3'o.' LLjND-P. 'Wit wew,o+OS;{i -.E4-1,44.1}yrnteofs,\�r�Hxwi:.•,1n+14,s1i+.{4f "7((:1 Flv.4.--O.1-Al 4.5 4 Page 15 of I R obligations under this Agreement. No Further permit related activities shall be permitted unless and until approved by County following execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — AmUSR-1394 with a Property Owner and Operator. 4.0 Consequence of Termination by Execution of Replacement Improvements Agreement. Following County's execution of an Improvements Agreement According to Policy Regarding Collateral for Improvements — AmUSR-1394 with a successor Property Owner and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights and/or obligations under this Agreement or in AmUSR-1394. 5.0 Consequence of Termination Pursuant to Paragraph 0,11.0. In the event that activities related to AmUSR-1394 cease as a result of the revocation of the permit as described in Paragraph E.11.0 of this Agreement, neither Property Owner nor Operator will be released from any of the obligations imposed by the terms of this Agreement. G. Governmental Immunity. No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable .;.,? now or hereafter amended. Nom o et H. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the ,;Y enforcement of the terms and conditions of this Agreement, and all rights of action relating to such tc, enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity ts not included in this Agreement. It is the express intention of the undersigned parties that any person somaor entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. ISM I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. =Qo =.N _� Q1 PROPERTY OWNER: CITY OF THORNTON, a Colorado ipal co By. Jack City Manager CI . esi 5 U cn ntm N tup,al Soting5 l'entit,'rno Intend Isle:` 'u ,ss M,t rttt VU'.Auill :I 394 VU 1. t lnu,tort`u)st -I)4}1,y,\,I,4,`t . ' {-id�14 i1)ri'!et l'tiM'lti:tiMiE i-1-!�l-f.-iilfl l{i1t,,m,,11lIII+r1�lAO,ee, ./�,nt°' � � _ Page 16 Ih of 18 APPROVED AS TO FORM: Margaret Emerich, City Attorney Assistant City Attorney LESSEE: Northern Colorado Constructors, Inc. (NCCI) By: OL .20- ..,( Pre 4ae f Print Name and Title Subscribed and sworn to before me by. r M , Qft?.S,.dgg k of NCCI, this day of V.1,4,,4 , 2010. Wag' e.Notary 60+4 M C� ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to BY: mos to the Board O FORM: ty Attorney Douglas ademacher, Chair MAY 2 6 2010 It,L:12uonmm .uul tiultlnm tttma�+,n"•t.,w;d ktuu �l'cn+IMuo Inttii_ncl I ,Ica ('onwnt_Ouil rl:t'JW5JSW0L4rUI.SR•13'N- tCtthornion-tinul lt-'•"dc+_,1F LS{t-lvei►��it+ee+++l�tr`4r+v..�i»1 tifi-t 94.tit444.4,►N+A aa►tmt+l 4- l•1-tfi+ lyn--FIMAI.(5•I J{1i.docx Page 11 of 18 (Pg 18 of 18 blank) joie -J/30 EXHIBIT A-1 Cost Sheet �[(ON-SITE) " Landscaping" Name of Subdivision, PUB, USR, RE, SPR: Iv L e..t 6:15* i f Filing/Case #: Am R se. 1,7111. Location: 3 9 lek Q ?S Personnel Contact: Name 44. :42 Za-411 Title �.q�.[<LA�Q Phoneitk. $ 9 4 Jtrctttlytheren t t ravemewla Improvements (Leave spaces blank where they do not apply) (ON -SITE) th,gpky Units Unit Costs t$1 Esdmated Construction C:os[ICI Site Grading Street Grading Street Base Street Paving v Entrance Improvements (Per Sec. E.-7.2) Curbs, Gutters, and Culverts Sidewalk Water Quality Capture Feature Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Erosion Control Measures/BMP's Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping TiVe.5 75 2 , Vol 7 DO Park Improvements Telephone Gas Electric Septic System Sewer Tap Water Tap Water Well SUB -TOTAL: Engineering and Supervision Costs $ V?..'. !a (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) t O TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ ap1.21. e 1111111111111111111111111111111 1111111III IIYII II IIII 3700290 06/18/2010 11:54A Weld County, CO 20 of 27 R 0.00 D 0.00 Ilene Moreno Clerk & Recorder ! 111 11 A Q # Sheet The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: By: Applicant Trees_ Title Title Date M� , 20 /m C Date J'A 3 p ,20 (O (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 111 I1{11111111111111 X11111 11011111111111111111111111111 Ws,d county. CO 111 290 0611812010 11.54A 21 of 27 R 0.00 D 0.00 Steve Moreno Clerk & Re M:IAGREEMENTSIExhibits\Exh A-1 on -site - Landscaping.xlsx EXHIBIT A-2 Cost Sheet (ON -SITE) / "Future Improvements" �+ Name of Subdivision, PUS, USR, RE, SPR Netts —p tt /s'9 / Filing/Case #: 14)1111$ ii Locatios: 4t0.49. Personnel Contact: Name 4%444 .Z( 7 , Title U 4t 41 Phone Aar` 0:57.11-(4. vide throerghmu this faeilty the feUowliu le Improvements (Leave spaces blank where they do not apply) (ON SITE) Quantity Units Unit Costs ISl Estimated Construction ran 0. Site Grading 3T w S 02 gg* Street Grading i� AQ© 4 .4. 5- 3, Q -o0 Street Base 8^" J'qp tip I. ,S p a7 AGO. GO Street Paving ,..t t 10" O pftQ 5,R0 94 SOO. AD Entrance Improvements (Per Sec. E.-7.2) Curbs, Gutters, and Culverts , j(� Sidewalk G E le .jell te L5QO r.,y,p 1 av'D t otQD Water Quality Capture Featu!`e Retention / Detention Ponds Road Culvert a O A. _N. L. 5 , - /Q4'. ° ..6, . co Grass Lined Swale 1 - 5, L,5_, Ditch Improvements Erosion Control Measures/BMP's / L, 5 . 4.3% /, ,SO. Fire Hydrants Survey, Street Monuments/Boxes / .4. S ,( , 5. a s -a - Parking Area Street Lighting Street Names Signage & Pavement Marking 3 at. A.S. S , rye ' Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Septic System Sewer Tap Water Tap Water Well SUB -TOTAL: /-P; krA 5 diG Engineering and Supervision Costs $ ai �"� (Testing, inspection, as-huilt plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISIONS 149;.344.5:4"-4.°. l IIIIII 11111 Mill 111111 1111 111111111 11111111i 1111 3700290 06/1812010 11:54A Weld County, CO �� of 97 R n nn 0 11011 Steve Moreno Clerk & Recorder •T: A�2 GQt $lieet�SIT�i9igriatti•'s�e- The above improvements shall be constructed in accordance with all County requirements and specifications, and confonnance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By:k3 Applicant -5)04 Title By: PA. App leant Pi Title Date /'viZ , 20 C o Date /✓A svy , 20 Q (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 11111. fill x{111111111111111111{ 1111 10029O111111N1110 11.E Weld Ceanty, CO Recorder 27 II ©.fltl D O.flO Steve Moreno Clerk & M:IAGREEMENTSIExhibits\Exh A-2 on -site - Future Improvements.xlsx EXHIBIT B -I - Time Schedule / "Landscaping'' Name or Subdivision, P., RE, wit: / G.� at la ail.. lc.2 4 (OCR 45 !mending to be legally hound. the anderxigned Applicant hereby agrees to provide throughout this faelli y the fatm* Improvement. Ali improvements shall be completed within $ years from the date of approval of the final plat ante listed In Exhibit A shall be completed m tondos, Improvements (Leave spaces blank where they do not apply) Time Schedule SITU jfJN-SIll to jbFF Site Grading Street Grading Street Base Street Paving Curbs, Glitters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping O Q1,O1. 46. O Park Improvements t telephone Gas Electric 1Vater Transfer ITtuI Cam aletlon Date for Ea tire Protect s _122... 1111111 IIIII Iillll 111111 IIII IIII NIIIII 1111111111 II IIII 3700290 06/18/2010 11:54A Weld County, CO 24 of 27 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT B-1 Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Date '�! 7o , 20 /O Title By: App icant !! Pre s.ae,•�, r Title Date u•y , 20 10 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 11011111111111111111111111111111111111111111 3100290 06118/2010 11:54A Weld County, Co 25 of 27 R 0.00 5 0.00 Steve Moreno Clerk & Recorder M:\AGREEMENTS\ExhibitslExh B-1 Time Schedule.xlsx EXHIBIT B-2 - Time Schedule "Future Improvements" ! q�149 p +y �s Named Subdivision, PUD, L'SR. RE, SPR: itieee pf f / FBIm=JCese d: 4M tie p 1 asstiee: Q �Ct 2. Intending to be legally bound. the undersigned Applicant hereby agrees to provide throughout thisleddry the foTht.ing beprovententc All Improvements shall be completed within _ years from the date of approval of the final plat Genetruction of the ...en.. NM aft t:araen Improvements (Leave spaces blank where they do net apply.) w stuwr oe eornpstreo as follows: Time Schedule 1O, 1 iOFF 41TE) Site Grading *4 /, py og 6hyz 1(( "." /, 4,43 Street Grading ilia_ d u '14 y1__e iffa _/ Lai* I Street Base MAtAil g2. 014 4 "laida pie Street Paving ill'*'-" 40l• fit `oi tar+ I Curbs, Gutters, an ulverts f U/ Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale �,,, ' D AL9/4 4,G,w .7 ,4 u 4 !t �[N`(t K>' Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's /,it Qi4 to /jjeotaid / L 'T' r'jj f �`4' /4 e4 e'j i Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants :::tMtututttt �� ! �L A•� te ,et� f�,/ a /tCt ' eO/4 aset Street Lighting Street !Names Signage & Pavement Marking /� !{3 _ // .&1 / �J/_ f ��f _/titJ [llsy /} & . I!i 1 Fencing Requirements /�W! Landscaping41011111"— /v Park Improvements Telephone Gas Electric Water Transfer yieel Ceeeektiee Date far Entire Preiec( 1 tt O l 4 /41 104 1111111111111111111111111111111111111111111111111111111 3700290 06/1812010 11:54A Weld County, CO 26 of 27 R 0.00 d 0.00 Steve Moreno Clerk & Recorder EXHIBIT B-2 Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: By: Applicant rear Title Applicant Pies . Title Date M53 ?o , 20 /c3 Date 11.-1 Z.p ,20 1O (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 1 111111 111111 1111111111111111011111111111111111111111 3700290 06118/2010 11:54A Weld County, CO 27 of 27 R 0.00 f) 0.00 Steve Moreno Clerk & Recorder M:IAGREEMENTSIExhibits\Exh B-2 Time Schedule.xlsx ESTIMATE WEST GROVE LANDSCAPING INC. 604 EVITA CT BERTHOUD, CO 80513 970.532.0121 Bill To Northern Colorado Constructors, Inc. 9075 WCR 10 Fort Lupton, CO 8-621 Date 5/5/2010 DESCRIPTION QTY UNIT RATE AMOUNT TREE PLANTING AT NCCI PITS 1 37 EA 194 7,178.00 AUTUMN PURPLE ASH 2.5'. cal 38 EA 125 4,750.00 AUSTRIAN PINE 6' SIZE Estimate Updated 5/5/2010 Total $11,928.00, 004 Mc COLORADO MEMORANDUM TO: Board of County Commissioners DATE: May 24, 2010 FROM: Michelle Martin,10 SUBJECT: AmUSR-1394 The Department of Planning Services received a Performance Bond for the Private Improvements Agreement for AmUSR-1394. AmUSR-1394 was approved by the Board of County Commissioners on May 14, 2008 for An Amended Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility (including a Concrete and Asphalt Batch Plant, Materials Blending, Import of Materials and Gravel Mining) in the A (Agricultural) Zone District. (NCCI Pit #1) Legal: Lots 3-7, part of Lot 11 and all of Lot 12 in Lupton Meadows Subdivision together with the former right of way of the Denver Larimer and Northwester railroad all in Section 24, T2N, R67W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 18 and west of and adjacent to County Road 25 Parcel No,: 131124101008, 131124101009, 131124101010, 131124101004, 131124101011, 131124101012 The collateral for the Improvements Agreement is in the amount of $13,121.00 for the on -site landscaping improvements. After review of the collateral by the Weld County Attorney, the Department of Public Works and Department of Planning Services, it has been determined that the amount of the agreement will be sufficient to complete the on -site landscaping improvements required for AmUSR-1394. Flood & Peterson Phone:97a.330.°867 Insurance, Inc. 4687 West tore Street Greeley. Colorado 80634 May 13, 2010 Mr. Doug Graff Northern Colorado Constructors, Inc. 9075 WCR 10 Fort Lupton, CO 80621 RE: Weld County Board of Commissioners Bond #6619641 Landscaping Bond for NCCI Pit #1 Dear Doug: Enclosed please find four original Performance bonds for the above -captioned project. Please note that the bonds and power must be dated the same day that the Improvements Agreement is signed or later. Since we do not know the agreement date, I have purposely not dated the Bond or the Power of Attorney form. Please be sure that when you sign the agreement that you date the Bond and Power of Attorney form the same day the agreement is signed or later (I have flagged each instance with a yellow flag where the date needs to be inserted) and notify our office that that date by returning a copy of the signed Bond and Improvements Agreement to my attention. Please forward a copy of the signed Agreement and the Bond to my attention for our files. Thank you for your help with this. Sincerely, K'Anne E. Vogel Surety Bond Department Enclosures "Building Relationships Since 1939" R gkee,, PBRFORNBRCE BOND FOR BOARD OF COUNTY CONNISSIONBRS OF WELD COUNTY, COLORADO BOND #6619641 KNOW ALL PERSONS BY THESE PRESENTS, that Northern Colorado Constructors, Inc., 9075 WCR 10; Fort Lupton, CO 80621, a Corporation, organized under the laws of the State of Colorado, with its principal office located at 9075 WCR 10; Fort Lupton, CO 80621, hereinafter called "Principal", and First National Insurance Company of America, of Safeco Plaza, Seattle, WA 98185, hereinafter called "Surety" are held and firmly bound unto Board of County Commissioners of Weld County, Colorado, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the full and penal sum of Thirteen Thousand, One Hundred Twenty -One Dollars ($13,121.00), lawful money of the United States for the payment of which well and truly made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above -bound Principal has obtained or is about to obtain from the Obligee a land use permit, namely Zadel Family, LLLP, (Northern Colorado Constructors, Inc.) - AmUSR-1394 for NCCI Pit #1, and pursuant to the requirements of said permit, has entered into an Improvements Agreement, dated May 26. 2010 , with Obligee, and WHEREAS, The Improvements Agreement requires Principal to obtain a performance bond in an amount equal to the total cost of the improvements for which Principal is responsible and naming Obligee as beneficiary, and WHEREAS, the value of improvements for which Principal is responsible equals Thirteen Thousand, One Hundred Twenty -One Dollars, ($13,121.00). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set forth in the Improvements Agreement, and if Principal shall satisfy all claims and demands set forth in said agreement, and shall fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of Principal's failure to perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee may incur in making good any default, then this obligation shall be null and void; PROVIDED FURTHER, that if Principal shall default in any of its obligations set forth in the Improvements Agreement, and thereafter fail to fully indemnify and save harmless Obligee from all costs and damages which it may suffer by reason of said default, this obligation shall remain in full force and effect; PROVIDED FURTHER, that Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvements Agreement to the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew annually automatically, from the date of this bond until its release by Obligee, to guarantee that Principal shall well, truly and faithfully perform its duties, and ail of the undertakings, covenants, terms, and conditions set forth in the Improvements Agreement, and any extensions thereof which may be granted by Obligee with or without notice to Surety. The parties to this Performance Bond acknowledge that through the Improvements Agreement, Obligee reserved the right to require Principal to obtain a different Performance Bond from a financial institution other than Surety in the event that the rating of Surety by AM Best falls below a B+ rating. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 26th day of May , 2010. (SEAL) KcitlAwkiLDA Witness as to Surety P.O. Box 578 Address Greeley, CO 80632 Address NORTHERN COLORADO CONSTRUCTORS, INC. Principal By: JlrAkA Title j�c'nev- FIRST NATIONAL INSURANCE COMPANY OF AMERICA K'Anne E. Vogel, Attorney -in -Fact, Safeco Plaza Address Seattle, WA 98185 Address IMPORTANT: Surety company executing bond must appear on the Treasury Department's most 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. POWER OF ATTORNEY KNOW ALLEY THESE PRESENTS: No. 9031 Thal FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint C. BENSLER; DIANE CLEMENTSON; KATHERINE E. DILL; DARLENE KRINGS; RUSSELL D. LEAR; ROYAL R. LOVELL; BRANDI TETLEY; KELLY T. URWILLER; K'ANNE E. VOGEL; JENNIFER WINTER: Greeley, its true and lawful attorney(s)-in-fact, with Nil authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4th day of December PO Prj1 Dexter R. Legg, Secretary Timothy A. Mikolejewaki, Vice President 2009 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -In -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business,.. On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adoptedJuly 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this S-1049rOP 3109 26th day of may kgr.ill Dexter R. Legg, Secretary 2010 WEB POF Contract For Entity Information Entity Name * NORTHERN COLORADO CONSTRUCTORS Entity ID* @00011074 O New Entity? Contract Name* Contract ID RELEASE OF CURRENTLY HELD COLLATERAL AND 8255 ACCEPTANCE OF REPLACEMENT COLLATERAL ZADEL * FAMILY LLLP C/O NORTHERN COLORADO Contract Lead CONSTRUCTORS AMUSR-1394 JTRUJILLOMARTINEZ Contract Status CTB REVIEW Contract Lead Email jtrujillomartinez@weldgo v.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description * RELEASE OF CURRENTLY HELD COLLATERAL IN THE AMOUNT OF $13,121.00 PERFORMANCE BOND #661 9641 ISSUED BY FIRST NATIONAL INSURANCE COMPANY OF AMERICA AND ACCEPTANCE OF REPLACEMENT COLLATERAL ZADEL FAMILY LLLP C/O NORTHERN COLORADO CONSTRUCTORS AMUSR-1394 Contract Description 2 ACCEPTANCE OF REPLACEMENT COLLATERAL IN THE AMOUNT OF $13,121.00 PERFORMANCE BOND #7901130734 ISSUED BY NATIONWIDE MUTUAL INSURANCE COMPANY ZADEL FAMILY LLLP C/O NORTHERN COLORADO CONSTRUCTORS AMUSR-1 394 Contract Type* AGREEMENT Amount * $13,121.00 Renewable NO Automatic Renewal Grant IGA Department PLANNING Department Email CM- Planning@weldgov.com Department Head Email CM-Planning- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL EY@WEL DGOV.COM Requested BOCC Agenda Due Date Date* 06/01/2024 06/05/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID 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 Termination Notice Period Contact Information Review Date" 06/05/2025 Committed Delivery Date Renewal Date Expiration Date" 06/05/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel ELIZABETH RELFORD CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 05/27/2024 05/28/2024 05/28/2024 Final Approval BOCC Approved Tyler Ref # AG 071524 BOCC Signed Date Originator JTRUJILLOMARTINEZ BOCC Agenda Date 07/15/2024 Zadel Family, LLLP, c/o Northern Colorado Constructors, Inc. USR #1394 (PL1682 #2010-1130) Performance Bond #6619641 From First National Insurance Co of America Auto renewal until released by oblige Zadel, George — MINF21-0001 N F21-0001 (PL0848, #2023-1707) Improvements and Road Maintenance Agreement Approved 06/19/23 — Contract ID 7077 Accepted Subdivision Performance Bond #8051091 as Collateral issued by Amerisure Mutual Insurance Company, P.O. Box 9098, Farmington Hills, MO 48333-9098 $13,121.00 $104,735 75 60 As of 04/26/2024 M:ICOLLATERALLIST/COLLATERALDOC RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #1394 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING A CONCRETE AND ASPHALT BATCH PLANT, MATERIALS BLENDING, IMPORT OF MATERIALS, AND GRAVEL MINING, IN THE A (AGRICULTURAL) ZONE DISTRICT - ZADEL FAMILY, LLLP, C/O NORTHERN COLORADO CONSTRUCTORS, 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, the Board of County Commissioners held a public hearing on the 14th day of May, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Zadel Family, LLLP, c/o Northern Colorado Constructors, Inc., 9075 County Road 10, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Amended Use by Special Review Permit #1394 for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District on the following described real estate, being more particularly described as follows: Lots 3, 4, 5, 6, 7, and 12, and part of Lot 11, of the Lupton Meadows Land Company Subdivision, together with the former right-of-way of the Denver, Laramie, and Northwestern Railroad; all being a part of Section 24, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Todd Yee, J and T Consulting, 140 West 122nd Avenue, Suite 120, Westminster, Colorado 80234, at said hearing, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Amended Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.8 of the Weld County Code as follows: a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-5-80.A (CM.Goal 1) states, "Conserve lands which provide 2008-1212 PL1682 AMENDED SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, CIO NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 2 valuable natural mineral deposits for potential future use in accordance with state law." The proposed mine area contains a valuable sand and gravel deposit, therefore, permitting of this site for this use will ensure that material is available to meet future needs. Further, Section 22-5-70.A states, "The County recognizes that mineral resource extraction is an essential industry. The availability and cost of materials, such as sand and gravel, have an economic affect on the general construction and highway construction industry." Permitting of this site for this use will ensure that material is available. Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development of mineral resources." The proposed Amended Use by Special Review (USR) proposes to mine additional lands, as existing mineral reserves are depleted from the current site (USR-1394). USR-1394 was approved by the Board of County Commissioners on September 24, 2003, for a Mineral Resource Development Facility (dry open pit mining for sand and gravel) on 102 acres. The proposed amendment includes an additional 73 acres of adjacent property. b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Sections 23-3-40.A and 23-3-40.A.4 of the Weld County Code provide for a Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District. c. Section 23-2-230.8.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Existing land uses surrounding the property are typically agricultural and rural residential. Additionally, there are several Use by Special Review Permits approved by the Board of County Commissioners, including, SUP -426 for a gravel mining operation, north of the site, USR-1255 for a gravel operation, south of the site, and USR-986 for an oil and gas facility, east of the site. There are fourteen (14) property owners within five hundred (500) feet of this proposed development. Weld County has not received any letters or telephone calls from surrounding property owners. The site was approved on September 24, 2003, by the Board of County Commissioners, for a Mineral Resource Development Facility (dry open pit mining for sand and gravel) on 102 acres, therefore, based on the existing permit and the surrounding uses, the proposed expansion of the mining operation is compatible with the existing land uses. d. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The subject property lies within the three-mile referral area of the City of Fort Lupton, and the Towns of Firestone and Frederick. The City of Fort Lupton 2008-1212 PL1682 AMENDED SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, C/O NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 3 returned a referral dated November 30, 2007, stating it had reviewed the request and finds no conflicts with its interests. Weld County has not received a referral from the Towns of Firestone and Frederick regarding this proposal. The Conditions of Approval will ensure this use will not jeopardize the health, safety or welfare of the surrounding property owners. e. Section 23-2-230.0.5 -- The application complies with Section 23-5-230 of the Weld County Code. The proposal is located within the Flood Hazard Overlay District area, as delineated on FIRM Community Panel Maps #080266-0866C and #080266-0868C, dated September 28, 1982. The Department of Public Works, in its referral dated January 8, 2008, will require the applicant to amend FHDP-481 if the proposed development is approved. Effective January 1, 2003, building permits issued on the subject site will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Storm water/Drainage Impact Fee Programs. f. Section 23-2-230.8.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The subject site is classified as "Irrigated land not prime" and "other," as delineated on the Important Farmlands of Weld County map, dated 1979. The applicant is not using any prime agricultural land in the proposed development. g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. h. Section 23-4-250 -- Additional requirements for open -mining have been addressed through this application and the Development Standards will ensure compliance with Section 23-4-250 Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Zadel Family, LLLP, c/o Northern Colorado Constructors, Inc., for a Site Specific Development Plan and Amended Use by Special Review Permit #1394 for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 2008-1212 PL1682 AMENDED SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, CIO NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 4 1 Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) All sheets shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 2) All sheets shall be labeled AmUSR-1394. 3) All existing and future oil and gas facilities, drill envelopes, and setbacks, if applicable. 4) The attached Development Standards associated with this application. 5) The location of any on -site signs, including all appropriate Stop signs, speed limit signs, and haul route designation signs shall be posted at both entrances. 6) County Road 18 is classified by the County as a collector status road, which requires 80 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it, along with any additional right-of-way reservation required. 7) County Road 25 is classified by the County as a local paved road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it. 8) The location of all permanent structures, i.e., scale house, truck scale, all buildings and/or structures, and known areas for "portable" machinery associated with this land use application. 9) The new location of the irrigation ditch and the reception number of the ditch agreement. 10) All proposed landscaping shall be located outside of the existing and future right-of-way. B. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health and Environment. The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate a septic permit for the 2008-1212 PL1682 AMENDED SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, C/O NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 5 residence on the expansion parcel. Any existing septic system(s), which is not currently permitted through the Weld County Department of Public Health and Environment, will require an Individual Sewage Disposal System (I.S.D.S.) evaluation, prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. Regulations. Evidence of Weld County Department of Public and Environment approval shall be submitted to the Department of Planning Services. C. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators, stipulating that the oil and gas activities have been adequately incorporated into the design of the site, or, show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. The plat shall be amended to include any possible future drilling sites and/or setbacks. D. The applicant shall provide clarification on the status of permit SP -0300479 to the Weld County Department of Public Health and Environment. Evidence of Weld County Department of Public and Environment approval shall be submitted to the Department of Planning Services. E. The applicant shall provide clarification on the status of the vault system for the scale house. Evidence of Weld County Department of Public and Environment approval shall be submitted to the Department of Planning Services. F. The applicant shall submit a Landscape Plan, identifying the number, size, and species of all plant material, to the Department of Planning Services, for review and approval. This plan shall include specifications of any proposed berms, if required. The applicant shall also provide written evidence on how the proposed landscaping will be irrigated. G. The applicant shall provide written evidence to the Department of Planning Services that all issues involving water rights, including a Water Court -approved plan for augmentation, or, Substitute Water Supply Plan, has been approved by the Colorado Division of Water Resources. H. Written evidence of approval, or obtaining approval from the Colorado Division of Minerals and Geology (DMG) for a permit to mine the resource, shall be submitted to the Weld County Department of Planning Services. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all required improvements. The agreement and form of collateral shall be reviewed by County staff and accepted by the Board of County Commissioners, prior to recording the AmUSR plat. The Improvements 2008-1212 PL1682 AMENDED SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, CIO NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 6 Agreement will not be needed if the necessary improvements are done to the satisfaction of the Departments of Public Works and Planning Services. J. The applicant shall address the requirements and concerns of the Platte Valley Soil Conservation District, as stated in the referral response dated December 19, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. K. The applicant shall address the requirements and concerns of the Weld County Department of Planning Services, as stated in the Landscape referral response dated December 3, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. L. The applicant shall address the requirements and concerns of the Weld County Department of Public Works, as stated in the referral responses dated December 11, 2007, and January 8, 2008. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. M. The applicant shall address the requirements and concerns of the Colorado Department of Transportation, as stated in the referral response dated December 3, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. N. The applicant shall either submit a copy of an agreement with the Sand Hill Reservoir and Ditch Company, stipulating that the Ditch Company's activities have been adequately incorporated into the design of the site, or, show evidence that an adequate attempt has been made to mitigate the concerns of the Ditch Company. The plat shall be amended to include any possible requirements/concerns of the Ditch Company. O. The applicant shall attempt address the requirements and concerns of DCP Midstream, as stated in the referral response dated November 30, 2007. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, 2008-1212 PL1682 AMENDED SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, C/O NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 7 Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 4. The Amended Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Amended Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 5. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of May, A.D., 2008. ATTEST: Weld County Clerk to the BY: APPROVED AS TO FOR C t�'�►ttorney Date of signature: O1/N) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO illiam H. Jerks, Chair Robert D. Nlaslden, Pro-Tem Wi F. Ga cia E, c:4 Davi: E. Long Douglas Ra • acher 2008-1212 PL1682 SITE SPECIFIC DEVELOPMENT PLAN AMENDED USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ZADEL FAMILY, LLLP C/O NORTHERN COLORADO CONSTRUCTORS, INC. AMUSR #1394 1 Site Specific Development Plan and Amended Use by Special Review Permit #1394 is for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 5. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan at all times. 7 This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District, as delineated in Section 25-12-103, C.R.S. 8. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 9. The applicant shall operate in accordance with the approved Waste Handling Plan. 10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility. 11. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal System (I.S.D.S.) Regulations. 12. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 13. Adequate toilet facilities (portable toilets) may be utilized on sites that are a temporary location of the working face and portable processing equipment, etcetera, for up to six (6) months at each location. 2008-1212 PL1682 DEVELOPMENT STANDARDS - ZADEL FAMILY, LLLP, C/O NORTHERN COLORADO CONSTRUCTORS, INC. (USR #1394) PAGE 9 14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 15. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. 16. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles, in accordance with the Weld County Code, the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 17. The applicant shall comply with the requirements of the Air Pollution Control Division of the Colorado Department of Public Health and Environment. 18. The applicant shall comply with the requirements of the Water Quality Control Division of the Colorado Department of Public Health and Environment. 19. The operation shall comply with the Occupational Safety and Health Act (OSHA). 20. The site shall comply with the Mine Safety and Health Act (MSHA). 21. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180, Articles I and II, of the Weld County Code. 22. A building permit application must be completed, and two complete sets of plans, including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer, must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required. 23. Setback and offset distances shall be determined by the 2006 International Building Code and Chapter 23 of the Weld County Code. Offset and setback distances are measured from the farthest projection from the structure. 24. A plan review must be approved, and a permit must be issued, prior to the start of construction. 25. Buildings located within a 100 -year floodplain require a Flood Hazard Development Permit. 26. Prior to the release of a building permit, the applicant shall submit evidence of approval from the Fort Lupton Fire Department to the Weld County Department of Building Inspection. 27. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the reclaimed areas. 28. If any work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes, ponds or 2008-1212 PL1682 DEVELOPMENT STANDARDS - ZADEL FAMILY, LLLP, CIO NORTHERN COLORADO CONSTRUCTORS, INC. (USR #1394) PAGE 10 wetlands takes place at this location, the applicant shall obtain a Department of Army, 404 Clean Water Act permit. 29. All gravel trucks transporting materials out of the area on County Roads shall ensure that their loads are covered, thus reducing loose materials on the roadway and the amount of damage to vehicles. 30. "No Trespassing" signs shall be posted and maintained on the perimeter fence at all points of ingress and egress to clearly identify the boundaries of the site. 31. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. 32. Hours of operation shall be daylight hours. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. 33. Existing trees and ground cover shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. 34. The landscaping on the site shall be maintained in accordance with the approved Landscape, Screen, and Buffering Plan. 35. The number of on -site employees shall be limited to thirty (30), as stated in the application materials. 36. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 37. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 38. The property owner or operator shall be responsible for complying with the Open -mining Standards of Section 23-4-250 of the Weld County Code. 39. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. 40. Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 41. The Amended Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shalt require the approval of an amendment of the Permit by the Weld County Board of County 2008-1212 PL1682 DEVELOPMENT STANDARDS - ZADEL FAMILY, LLLP, C/O NORTHERN COLORADO CONSTRUCTORS, INC. (USR #1394) PAGE 11 Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 42. In accordance with Section 23-2-200.E of the Weld County Code, if the Amended Use by Special Review has not commenced from the date of approval, or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use, or revoke the Use by Special Review Permit If the Use by Special Review Permit is revoked, it shall be necessary to follow the procedures and requirements of Chapter 23, Division IV, of the Weld County Code in order to reestablish any Use by Special Review. 43. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 44. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 45. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 2008-1212 PL1682 Hello