HomeMy WebLinkAbout20240636.tiffRESOLUTION
RE: APPROVE PARTIAL RELEASE OF COLLATERAL, ACCEPT WARRANTY
COLLATERAL, AND AUTHORIZE CHAIR TO SIGN FOR USE BY SPECIAL REVIEW
PERMIT, USR19-0063 - LAZY TWO RANCH, LLC, AND DUANE AND LYNN ROSS,
CIO CONNELL RESOURCES, 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 January 15, 2020, the Weld County Board of Commissioners approved
the application of Lazy Two Ranch, LLC, 1035 37th Avenue, Greeley, Colorado 80634, and
Duane and Lynn Ross, 10375 County Road 118, Carr, Colorado 80612, c/o Connell Resources,
LLC, 7785 Highland Meadows Parkway, #100, Fort Collins, Colorado 80528, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0063, for Open Mining (sand,
gravel and stone) and processing of minerals, including a portable concrete and asphalt batch
plant, mine office/scale house and scale, a fueling/lubricating station, portable generators, mobile
mining equipment parking and storage and employee parking in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
E1/2 SW1/4 and NW1/4, W1/2 SW1/4 of Section 11,
Township 10 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on April 11, 2022, pursuant to certain Conditions of Approval, the Board
accepted an Improvements and Road Maintenance Agreement According to Policy Regarding
Collateral for Improvements between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Lazy Two Ranch, LLC, and Duane and
Lynn Ross, c/o Connell Resources, Inc., with further terms and conditions being as stated in said
agreement, to include collateral in the form of Performance Bond #107519500 issued by Travelers
Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in
the amount of $474,801.50, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and recommend a partial release of said collateral
by accepting a Bond Rider to be attached to and form a part of Performance Bond #107519500,
thereby reducing the amount of collateral to be retained as warranty collateral as related to offsite
safety improvements, from $474,801.50 to $71,220.22, and
WHEREAS, after review, the Board deems it advisable to accept said warranty collateral
in the form of a Bond Rider as stated above, copies of which are attached hereto and incorporated
herein by reference.
4950976 Pages: 1 of 2
03/25/2024 12:25 PM R Fee:$0.00
Carly Koppes, Clark and Recorder, Weld County , CO
CC:PL.(ER/MW/DA/sr 4/KR/M./Ko) 2024-0636
PL2729 04/12/24
PARIAL RELEASE OF COLLATERAL AND ACCEPT WARRANTY COLLATERAL
(USR19-0063) - LAZY TWO RANCH, LLC, AND DUANE AND LYNN ROSS, C/O CONNELL
RESOURCES, INC.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that project collateral in the form of Performance Bond #107519500
through Travelers Casualty and Surety Company of America, in the amount of $474,801.50, be,
and hereby is, reduced, and that warranty collateral in the form of a Bond Rider, attached to
Performance Bond #107519500 through Travelers Casualty and Surety Company of America, in
the amount of $71,220.22, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Bond Rider.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of March, A.D., 2024.
BOARD OF COUNTYSIIMMISSIONERS
WELD COUN
ATTEST: da:/wo�,
Weld County Clerk to the Board
Perry L. Bt k, Pro-Tem
Mike , reeman
ounty Attorney
Date of signature: o3/IK/z-1
4950976 Pages: 2 of 2
03/25/2024 12:25 PM R Fee:$0.00
Carly Koppes, C1.rk and Rscord�r, Weld County , CO
VIII N���19 I�� II I kE 4��4�Ihi�rW�4+lti'��k L Yoh 11111
2024-0636
PL2729
7f4-3
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item — Partial Release of Collateral through Acceptance of Warranty Collateral Bond Rider for:
Lary Two Ranch, LLC, and Duane and Lynn Ross, do Connell Resources, Inc — USR19-0063
DEPARTMENT: Planning Services DATE: February 13, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from Connell Resources, Inc, requesting that the Board of County
Commissioners accept the Warranty Collateral for Lazy Two Ranch, LLC, and Duane and Lynn Ross, do Connell Resources, Inc in the
amount of $71,220.22. Project Collateral In the amount of $474,801.50 is currently being held in the form of a Performance Bond and
Warranty Collateral will be held in the form of a Bond Rider to be attached to the original' Bond Number 107519500 in the amount of
$71,220.22 and us required to be held for the duration of the two-year warranty period which began on August 11th, 2022.
Weld County Planning Services and Public Works Departments performed a site inspection, at the above -mentioned site, and observed
the following:
• All items on Exhibit C, of the improvements Agreement According to Policy Regarding Collateral for Improvements Document
Tyler #2022-1071, have been completed and are found to be acceptable.
•
County Attorney's Office has reviewed the Improvements Agreement and Collateral requirements and recommends this partial release
of 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 Regular 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:
Lazy Two Ranch, LLC and Duane and Lynn Ross, c/o Connell Resources, Inc.
USR19-0063, (PL2729, #2022-1071)
Improvements and Road'Mainteriance Agreement
Approved 04/11/2022-- Contract ID 5709
Performance Bond #107519500 issued through Travelers
Casualty and Surety Company of America on behalf of
Connell Resources, -Inc • $474,801.50
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 (Con -ant Fiscal Year / Ongoing or Subsequent Fiscal Years):
■ County will hold Warranty 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:
The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the partical release
of collateral through acceptance of Warranty Collateral Bond Rider for Lazy Two Ranch, LLC, and Duane and Lynn Ross, c/o Connell
Resources, Inc — USR19-0063.
Support Recommendation Schedule
Place o OCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
2024-0636
313 PL2-729
CONNELL
Connell Resources Inc.
7785 Highland Meadows Pkwy., #100
Fort Collins, CO 80528
Tel 970/223-3151 Fax 970/223-3191
To: Development Review
Weld County Planning Services
1402 N 17th Avenue
Greeley, CO 80631
(970) 400-3736
Attn: Ms. Dawn R Anderson
Letter of Transmittal
Date: February 7, 2024 Job No. 2211007
Re:
USR19-0063 -
Lazy Two Ranch, LLC
WE ARE SENDING YOU: I] Attached ❑ Under separate cover ❑ via overnight mail/regular mail/pick up the following items:
SUB. AGREE.
PLANS,
BOND
COPY OF LETTER
CHANGE ORDER
SAMPLES
SPECIFICATIONS
SUBMITTAL
X
COPIES
DATE
NO.
DESCRIPTION
2
02/06/24
1
Performance Bond Rider — USR19-0063 Reducing Bond
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval Q For signature
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑As requested ❑ Returned for corrections Q Return 1 original for our records
❑ For review and comment
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
Enclosed please find 2 original bond riders reducing the bond premium for the Lazy Two Ranch, LLC project. USR 19-0063.
Please sign and return 1 original for our records.
Copies to: File
signatureJennifer e n n ife r Lindblad If enclosures are not as noted, kindly not( us at once.
c --Ac
3-/s,24
TRAVELERSJ
RIDER
To be attached to and form part of Bond No. 107519500
Issued on behalf of Connell Resources, Inc.
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
License No. N/A
Board of County Commissioners of Weld County, Colorado
It is agreed that:
0 I. The Surety hereby gives its consent to change the Name:
from:
to:
as Principal, and in favor of
as Obligee.
0 2. The Surety hereby gives its consent to change the Address:
from:
to:
❑X 3. The Surety hereby gives its consent to change the bond amount
from: $474,801.50
to: 871,220.22
This rider shall become effective as of 08/11/2022
PROVIDED, however, that the liability of the Surety under the attached bond as changed by this rider shall not be
cumulative.
Signed, sealed and dated 02/06/2024
Travelers Casualty and Surety Company of Amriffa.. ,
K'Anne E. Vogel
Attorney -in -Fact
Accepted: Board of County Commissioners of Weld County, Colorado or Conn Resn rces, Inc.
Obli
By: U By:
Kevin D. Ross, Chair MAR 1 3 2024
S-4111 (8/66)
Prt
w
John M. Warren, President
o1.Oa� OG.3��v�
TRAVELERST
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
Farmington Casualty Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, St. Paul
Fire and Marine Insurance Company, and Farmington Casualty Company are corporations duly organized under the laws of the State of Connecticut
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Donna L. Adams, Ashley K. Anderson,
Barbara J. Arnold, Timothy J. Blanchard, Lynn Christine Bosman, Mary Ann Eurich, Vickie Golobic, Andrew P Walters, Nikki M. Mosbrucker,
Terri: L. Reese, Robert Charles Torrez, Christina L. Townsend, K'Anne E Vogel, Nicole Lee McGuire, and Jennifer J. Walker of Denver,
Colorado, their true and lawful Attorney -in -Fact to sign,execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law,
including the following bond:
Surety Bond No.: 107519500
OR Principal: Connell Resources, Inc.
Project Description: Obligee: Weld County
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
State of Connecticut
City of Hartford ss.
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each
of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on
behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
fa N6fAR' �i
to
My Commission expires the 30th day of June, 2026
By:
'obert L. Raneylenior Vice President
nna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,
which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of
a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and
revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if
required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one
or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any
Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified
by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to
which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies* do hereby certify that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which remains.in full force and effect.
Dated this 6th day of February , 2024 .
evin E. Hughes, Assis ant Secretary
To verify the authenticity of this lbwerofAtforney, please call us at 1-800-421-3880.
Please refer to the above -named Attorney -in -Fact ar. the details of the bond to which this Power of Attorney is attached.
January 31, 2024
DEPARTMENT OF PLANNING SERVICES
DEVELOPMENT REVIEW DIVISION
1402 N. 171" AVENUE
GREELEY, CO 80631
E -Mail: drandersonWweld_gov
PHONE: (970) 400-3736
Mr. John Warren
Connell Resources
7785 Highland Meadows Parkway #100
Fort Collins, CO 80528
Mr. Warren,
This letter shall serve as notification for your two-year warranty commencement date of August 11, 2022,
for safety improvements to the Weld County Road 21. These improvements were required prior to
operations for approved land use case USR19-0063, Lazy 2 Ranch LLC.
It will be the responsibility of the developer/owner to contact Weld County Planning Services Department
prior to August 11, 2024, for a final walkthrough in advance of warranty release.
Feel free to contact me with any additional questions at dranderson@weld.gov or 970-400-3736.
Sincerely,
•
Dawn R. Anderson
Development Review Manager
Contract Form
Entity Information
Entity Name * Entity ID *
CONNELL RESOURCES, INC @00004953
Contract Name
PARTIAL RELEASE OF COLLATERAL THROUGH
ACCEPTANCE OF WARRANTY COLLATERAL BOND
RIDER USRI 9-0063 CONNELL RESOURCES LLC
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
7853
Contract Lead *
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgo.
v.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description
PARTIAL RELEASE OF COLLATERAL THROUGH ACCEPTANCE OF WARRANTY COLLATERAL BOND RIDER USR1 9-
0063 CONNELL RESOURCES LLC WARRANTY COLLATERAL IN THE AMOUNT OF $71,220.22 IS REQUIRED AND HAS
BEEN PROVIDED IN THE FORM OF A BOND RIDER TO BOND NO. 10751 9500
Contract Description 2
ISSUED BY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Contract Type* Department
AGREEMENT PLANNING
Amount*
$71,220.22
Renewable
NO
Automatic Renewal
Grant
IGA
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
DGOV.COM
Requested BOCC Agenda
Date
03/04/2024
Due Date
02/29/2024
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 Informatbn
Contact Info
Review Date*
03/04/2025
Committed Delivery Date
Renewal Date
Expiration Date*
03/04/2026
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approve- Purchasing Approved Date
Approval Process
Department Head
ELIZABETH RELFORC
DH Approved Date
02/26/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
03/13/2024
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
02/26/2024 02/27/2024
Tyler Ref #
AG 031324
Originator
JTRUJILLOMARTINEZ
RESOLUTION
RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR USE BY
SPECIAL REVIEW PERMIT, USR19-0063 - LAZY TWO RANCH, LLC, AND DUANE
AND LYNN ROSS, CIO CONNELL RESOURCES, 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 January 15, 2020, the Weld County Board of Commissioners approved
the application of Lazy Two Ranch, LLC, 1035 37th Avenue, Greeley, Colorado 80634, and
Duane and Lynn Ross, 10375 County Road 118, Carr, Colorado 80612, c/o Connell Resources,
LLC, 7785 Highland Meadows Parkway, #100, Fort Collins, Colorado 80528, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0063, for Open Mining (sand,
gravel and stone) and processing of minerals, including a portable concrete and asphalt batch
plant, mine office/scale house and scale, a fueling/lubricating station, portable generators, mobile
mining equipment parking and storage and employee parking in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
E1/2 SW1/4 and NW1/4, W1/2 SW1/4 of Section 11,
Township 10 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements and Road Maintenance Agreement According to Policy Regarding
Collateral for Improvements among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, Lazy Two Ranch, LLC, and Duane and Lynn
Ross, c/o Connell Resources, Inc., with further terms and conditions being as stated in said
agreement, and
WHEREAS, the Board has been presented with Performance Bond #107519500 issued
by Travelers Casualty and Surety Company of America, One Tower Square, Hartford,
Connecticut 06183, in the amount of $474,801.50, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Performance Bond as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to
Policy Regarding Collateral for Improvements among the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, Lazy Two Ranch, LLC, and
Duane and Lynn Ross, c/o Connell Resources, Inc., be, and hereby is, approved.
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2022-1071
PL2729
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT (USR19-0063) - LAZY TWO
RANCH, LLC, AND DUANE AND LYNN ROSS, C/O CONNELL RESOURCES, INC.
PAGE 2
BE IT FURTHER RESOLVED that Performance Bond #107519500 issued by Travelers
Casualty and Surety Company of America, in the amount of $474,801.50, be, and hereby is,
accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of April, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE$D COUNTY, COLORADO
ATTEST: daW/f0��
tt K. James, Chair
We4 County Clerk to the Board
4820090 Fapa: 2 of 69
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Wrly �, Cl•rN arwi R�oord�r, Wld County•CO
III FalklaWilate11411.0111104114 II II
2022-1071
PL2729
O HUB
3/15/2022
Weld County, Colorado
1150 O Street
Greeley, CO 80632
HUB International Colorado
2000 Colorado Blvd., Tower II, Suite 150
DenverS. , CO 0222
Toll Free:(888)795-0300
hubInternational.aom
RE: Connell Resources, Inc.
Bond No.: 107519500
Project: Weld County Road 21 Lazy Two WCR 21 Improvements Suhdiviston Bond - Permit No. USR18-0063. Bond Amount $474,801.50
To Whom It May Concern:
As the contract for this project has not yet been dated, this letter is to inform you that you have the
authority to insert the Contract Date on the above mentioned bond and Power of Attorney. Please
remember the signed and sealed date indicated on the bonds cannot be prior to the contract date. The
date must be on or after the contract date. The date on the Power of Attorney must also match the
signed and sealed date of the bond. Feel free to contact me directly should you have any questions.
Respectfully,
nakk
O HUB
Christina L. Townsend
AVP, Surety Account Executive
HUB International Colorado
Office: 719-884-0723
Mobile: 719-258-0421
Toll -free: 800-748-2400
Fax: 866-290-9290
chrlstina.townsend hubinternational.
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF MELD COUNTY, COLORADO
Bond No. 107519500
ENOW ALL PERSONS BY THESE PRESENTS, that (name) Connell Resources, Inc. ,
(address) 7785 Highland Meadows Parkway, *100, Fort Collins, CO 80528 , a (oorporation,
limited liability company, etc.) Corporation , organized under the laws of the State
of Colorado , with its principal office located at (address) 7785 Highland Meadows
Parkway, 0100, Fort Collins, CO 8O528 , hereinafter called "Principal', and (name of
surety) Travelers Casualty and Surety Company of America , of (address of surety) One
Tower Square, Hartford, CT 06183 , hereinafter called "Surety" are held and firmly
bound unto Board of County Commissioners of Weld County, Colorado, on behalf of Weld
Count,, Colorado, hereinafter called "Obligee" in the full and penal sum of Four
Hundred Seventy Four Thousand Eight Hundred One Dollars and Fifty Cents
($ 474,801.50 ), 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 (insert the specific permit and number - USR, SPR
etc.) USR19-OO63 , and pursuant to the requirements of said permit, has entered into
an improvements Agreement, dated( j((420, , 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 Four
Hundred Seventy Four Thousand Eight Hundred One Dollars & Fifty Cents, (0 474,001.50 ),
and
WHEREAS, at completion of the Project Collateral phase of the Agreement, the
amount of this Bond shall be reduced, by rider, to 15$ of the original amount throughout
the Warranty Collateral phase of the Bond, and shall be held in total by the County for
two (2) years following its written acceptance of the improvement(s).
NOW, 1HEREFORE, 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 s,ve harmless Obligee 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;
PROVIIED 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;
PROVICE D FURTHER, regardless of the number of years this Bond is in force, or the number of
continuation certificates issued, the liability of the Surety shall not be cumulative in amounts
from period to period and shall in no event exceed the amount set forth above, or as amended by
rider;
PROVIEED 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 reserves 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 itrument is exeCUt d in four (4�, counterparts, each one of
which shall be deemed an original, this -_ day of Lw / , ,:W4
Connell Res
(PRINCIPA
Princip 1 Sec etary/Witne
Margie Lewis,
Assistant Secretary
By:
Nam. =nd Title
John M. Warren,
President
7785 Highland Meadows Pkwy, $100
Fort Collins, CO 80528
Address
Travelers Casualty and Surety Company of America
(SURETY)
By:
Christina L. Town
Attorney -in -Fact
2000 S. Colorado Blvd, Tower 2,1150 One Tower Square
Denver, CO 80222
Address
Hartford, CT 06183
Address
''Z�}i:u�iYty company executing bond must appear on the Treasury Department's most
.`;�GtJrrent i} Circular 570 as amended) and be authorized to transact business in the
,��$t�3t�•oP;.Cd�orado.
Bondmust be accompanied with Attorney -in Fact's authority from the surety company
certified to include the date of the bond.
TRAVaERe
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Flre and Marine Insurance Company
Farmington Casualty Company
POWER OF ATTORNEY
KNOW ALL NEN BY THESE PRESENTS: That Trav teas Casualty and Surety Company of Amer., Travelers Caraway and Surety Company, St Petri
Fero and Marine Newnan.* Company, and Farmington Casualty Company are corporations duly organized tinder the laws of the State of Camnsdieut
(hen oncalf*dhwiy called Ma Companies"), ml that O+e camped*s do hereby make, cone.. and apps Dew L Adams, Mhky K A0d0m ,
Barbara J. Annid, Timothy J. Bfa dram Lynn Christine Sow , May Ann Emrich Vkkie Oefobt, Andrew P Wafte s, N d p, Moabrrraker
Terri L R see helot Cherie. Torras, Christ. L Townsend, MAnne E Vogel, Nicole Lee MOM, and Jennifer J. Waster of Dower,
Colorado, their"due and lawhd Atbmey40.FFactto sign,execute, sad and ad0rowtedge a 0yand ell bads, recognizances, conditional undertakings and
other writings obligatory In the nature thereof on behaff of the Companies in ttdr business of guaranteeing the Mete" of persons, gueranteekrg tits
performance of contracts and exacting or guaranteekrg bonds 8 d undertakings metrirad a parmltted in osY *.lens Or Prot +ups altowed by law.
including the folowing bond:
SusofyBond No.: 107519500
DR Principal: Connell Resources, Inc.
ProJeouS..oriptan: Obligee: Weld County
IN WITNESS 914EREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
State of Connecticut
City of Hartfor. ss.
On this the 21st day of April, 2021, before me personally appeared Robert L, Raney, who acknowledged himself to be the Senior Vice PresWaM of each
of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on
behaff of Said Companies by himself as a duly authorized officer,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commie's. expires the 30th day of June, 2026
By: _
L r, : melon Vice President
�4n �i tai L
nor P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,
which resolution are now in full force and effect reading as rams:
RESOLVE...that the Chairman, the Presided, any Vice Chairman, any Executive Vice President, any Senior Via President any Vice President any
Second Vice -President the Treasurer, any Asstate nil Treasurer, the Corporate Sec etery or any Mdstsnt Secretory may appoint Attorneys n -Fact and
Agents to actlor and an behalf of fie Company and may give such appointee ouch authority ea his or her cart l°.te of autlsority may prescribe b sign
watt the Company's name end Beet with the Company, seal fronds, recognizance*, contract* of indemnity, and other writings abpgalay In the nature of
a band, recognizance, or conditional b sdertakktg, and any of said others or the Board of Dkedots et any trine may remove any such appointee and
revoke the paver given him or her; and t is
FURTHER IESOLVED, that the Chairman, the President any Vice Cheimun, any Executive Vic* President any Senior Vice President many Vice
President may delegate al or any pert of the foregoing authority loon* or more officers or employees d Ws Company, psovWsd that each such detegatlon
la i wrluktg and ■ copy thereof is fled In the office of t,. Sacreury; and It is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obagatary in fa nature of a band, recognizance. «conditional
undertaking dal be vald end binding upon the Company when (a) signed by the President any Vice Chairman, any Executive Vice President any
Senior Vie President or any Vie President, any Second V. President the Treasurer, any Ambntant Treasurer, the Corporate Secretary or any
Ass t. Swetary and duty attested and seated wish the Carmany. seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if
a required) by ere orot keno q nut aN Agents pursuant howpower prescribed
In Ns or her tara0cate ortrok certificate, of autaNy or by one
Is
FURTHER MOWED, that the sipsebon of each of hero Mowing officers: President any Executive Vie Preekdes, any senior Vice President any
Vice Presides, any Assistant Vice President, any Secretary, any Assistant Secret, and the seal of the Company may be affixed by facsimile to any
Power of Atlarney orb any °*epic.. relating thereto appointing Reddent Vise Presidents, Resident hoisted Secretaries or Attorneys -in -Fact for
purposes Duty of executing and attesting bands end undertaldng* and other writings obligatory In the nature thereof, and any such Power of Attorney or
cent icete bearing such facsimile nbaradxe or facsimile wished be vald and binding upon the Company and any such power so executed and certified
by such facantb signature and facsirrite seal shall be valid and binding on the Company In the future whin respect to any bond or understanding to
which it Is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct
copy of the Power of Atonhey by said Companies, which remains In full force and effect.
Dated this /J day 00 , 2022 .
E. Hughes, Secretary
ethentlally of this Power of Attorney, please call us at 1-8004214880.
Attorney-h+•Faot and the details of the bond to which this Power of Attorney is attached.
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for:
Lazy Two Ranch, LLC, and Duane and Lynn Ross, do Connell Resources, Inc. — USR19-0053
DEPARTMENT: Planning Services DATE: March 29, 2022
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue: •
The Department of Planning Services received a request from the applicant, Connell Resources, Inc., requesting
that the Board of County Commissioners consider approving the Improvements and Road Maintenance
Agreement for (USR19-0063). Collateral In the amount of $474,801.50, Is required with this agreement for off -site
improvements. Collateral has been provided In the form of Perfonnance Bond, Bond No. 107519500, Issued by
Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183.
Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above
mentioned signed original document and observed the following:
• All Public Works related items, of the *Improvements & Road Maintenance Agreement According To
Policy Regarding Collateral For Improvements', are found to be acceptable.
• This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed
by the Board of County Commissioners.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing Item be placed on the next available agenda as part of the Regular Agenda,
Recommendation:
Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For improvements fo - - --+ . and that this item be placed on the next regularly scheduled
BOCC Hearing, as part of th egular Agenda.
Schedule
Work Session Other/Comments.
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Seine
2022-1071
Karla Ford
From:
Sant:
To:
Subject:
AMP'
ae
Tuesday, March 29, 2022 11:43 AM
Karla Ford
IRE ' e s ply G,C,P' w 5lti9:0063eittC»onnelltResources, l c
Lori Seine
Weld Countyzommissioner, District 3
1150 O Street
PO Box 758
Greeley CO ®632
Phone: 970400-4205
Fax: 970-33.7233
Email: lsaine0)weldaov,conn
Website: yuww,co.weld.co.us
In God We Trust
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person ar entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Karla ford <kford@weldgov.com>
Sent: Tuesday, March 29, 2022 11:04 AM
To: Lori Seine <Isaine@weldgov.com>
Subject: Please Reply BOCC PA REVIEW - USR19-0063 - Connell Resources, Inc.
Importance: High
Please advise if you approve recommendation. Thank yowl
Karla Ford I
Executive Assiskint & Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80832
970.338-7204_: kkollftelgjoaln :: www,weldgov.corf ..
"Please note roy working hours are Monday -Thursday 7:00a.m.•5:00p.m."
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Lazy Two Ranch, LLC, and Duane and Lynn Ross, o% Connell Resources, Inc. — USR19-0063
THIS AGREEMENT is made this �� day of 202 by and between Lazy Two
Ranch, LLC, 1035 37th Avenue, Greeley, Colorado 80634, Duane and Lynn Ross, 10375 CR 118,
Y
Carr, Colorado 80612, c/o Connell Resources, LLC, 7785 Highland Meadows Parkway, #100, Fort Collins,
Colorado 80528, a corporation organized under the laws of the State of Colorado, hereinafter referred to as
"Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County Commissioners (BOCC),
whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld, Colorado:
El/2 SW1/4 and NWl/4, W1/2 SW1/4 of Section 11,
Township 10 North, Range 67 West of the 6th P.M., Weld
County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received Board of County Commissioner approval of
USR19-0063, and
WHEREAS, Property Owner acknowledges that the final approval of USR19-0063 is conditional
upon Property Owner's funding and/or construction of the off -site improvements and road maintenance
described in this Agreement and depicted in the following incorporated exhibits:
Exhibit A-1— Off -Site Costs of Construction
Exhibit B-1 - Off -Site Construction Schedule
Exhibit C-1 — Construction Plans
Exhibit A-2 — Future Improvements Costs of Construction, to be attached, if/when triggered, pursuant to
Part I, B.3.0, below
Exhibit B-2 — Future Improvements Construction Schedule, to be attached, if/when triggered, pursuant to
Part I, B.4.0, below
Exhibit C-2 - Future Construction Plans, to be attached if/when triggered, pursuant to Part I, B, below
Exhibit D — Plat Map
Exhibit E — Right -of -Way Map provided by Weld County, and
WHEREAS, Property Owner acknowledges they may not operate as described in USR19-0063
until said improvements have been completed and accepted by County, and
WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code
Section 23-2-290, the failure to commence construction of the improvements outlined herein within three
(3) years of the approval of USR19-0063 may result in the revocation or suspension of USR19-0063, upon
consideration and order of the Board of County Commissioners, and
Lazy Two Ranch, LLC, and Duane and Lynn Ross, c/o Connell Resources, Inc. — USR19-0063 - OFFSIA2o-0002
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WHEREAS, the parties agree that the Property Owner shall provide collateral for of site
improvements, as required by this Agreement, when the Board of County Commissioners approves this
Agreement.
WHEREAS, Weld County has researched the Right -of -Way for the proposed paving and associated
road mprovements for approximately one (1) mile, between CR 126 and CR 124 on CR 21. No additional
acquisition of Right -of -Way will be required for these improvements. The Right -of -Way for this segment
of CE 21 is described in Weld County Road Books 701, 311, and 511. See Exhibit E — Right -of -Way Map.
NOW, THEREFORE, 1N CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant and agree as follows:
PART 1: SITE SPECIFIC PROVISIONS
A. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible
for the construction of certain off -site safety improvements as identified in the USR hearing Resolution,
which may include, but are not limited to: construction of adequate turning radii of sixty (60) feet at the
main entrances and exits which extend into County road Rights -of -Way (ROW) connecting to the County
road system, and off -site drainage and signage installations, as indicated on the accepted Exhibit D and
Exhibit C-1, as required. On -Site improvements that create more run-off than the historical amount may
require off -site drainage improvements to roads and ROW. Any approved access point(s) improvements
will include standard County approved tracking control, and may include a double cattle guard set (one
right after the other), placed back to back across the entire width of the access, to ensure a complete
revelation of the truck tires in order minimize the tracking of mud and debris onto the adjacent County
road.
Additonal Off -Site Improvements to be constructed prior to operation in accordance with Exhibit C-1 are:
1) Property Owner shall design and construct a County -approved paved roadway within
County Road 21 Right -of -Way providing all construction materials and meeting the Rural
Local Cross Section specifications per Chapter 8 of the Weld County Code and CDOT
specifications for Road and Bridge Construction, beginning with a County approved tie-in
at the intersection of County Road 126 and County Road 21 and extending south to County
Road 124. County Road 21 shall be improved to a width of twenty-six (26) feet and address
the roadside ditch requirements specified in Chapter 8 of the Weld County Code. Upon
cessation of all USR permitted activities, the paved section of CR 21 shall be restored to
standard, approved by an independent Registered Colorado Engineer with experience in
asphalt pavement design. Restoration will have a ten (10) year life without fiuther
maintenance given the reduction in trip generation and truck use without the Property
Owners production and other uses. The applicant shall obtain a Right -of -Way Permit prior
to construction, which shall include design information as described by the Board of
County Commissioners during the USR hearing.
1.0 Road Improvements Responsibilities. Property Owner is solely responsible for the required off -site
designated improvements. These responsibilities may include but are not limited to the following: design,
surveys, utility locates, ROW and Access Permits and fees, coordination with oil and gas operators and
facilities and affected irrigation facilities, and utilities, traffic control, and project safety during
construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and
other federal, state, or county regulatory agencies.
Lary Two Ranch, LLC, and Duane and Lynn Ross, c/o Connell Resources, Inc. — USRI9-0063 - OFFSIA20-0002
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2.0 Cost of Construction Exhibit, The cost of construction estimates (engineer's estimate) as identified
in Exhibit A-1 detail the costs used in determining the collateral requirement for the off -site improvements
related to the development. A registered Colorado Engineer must sign and stamp the construction cost
Exhibit A-1. If more than three (3) years have passed since the last construction cost estimate was provided,
the Property Owner shall provide an updated construction cost estimate prior to the start of construction.
3.0 Construction Schedule Exhibit. Exhibit B-1 shall be provided by the Property Owner indicating
the construction schedule for off -site improvements, including an anticipated completion date. Property
Owner shall not commence construction of any improvements, record plat, or receive any permitting prior
to approval of the of this Agreement. Exhibit C-1, Construction Drawings shall be provided. Property
Owner shall substantially complete all improvements in accordance with Exhibit B-1 and C-1 in order to
request the warranty period begin. In the event that the construction schedule is not current, the Property
Owner shall submit a revised construction schedule.
4.0 Off -site Improvements Collateral. As required, collateral is accepted and released by the Board of
County Commissioners pursuant to the Weld County Code. Additional information about collateral is
outlined in Part II.B of this Agreement.
5.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or once the Property Owner has completed improvements as described in Part JIB,
Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built
drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered
Professional Land Surveyor or Professional Engineer.
B. Future Off -Site Improvements.
1.0 Traffic Triggers, When the traffic associated with the Use by Special Review Permit reaches certain
safety thresholds as set forth in this agreement, the Property Owner shall design, and construct required
road improvements based on the amount of traffic consistently being generated by the site. The Property
Owner's development does not currently meet the traffic safety triggers requiring the improvements
specified below; however, future off -site or phased improvements may be warranted in the future.
1.1 Property Owner shall be required to design, obtain right-of-way, relocate utilities, and
construct said auxiliary lanes into their site iflwhen all traffic to/from the Property meets the
following traffic triggers:
Property Owner shall design and construct a paved roadway along CR 21 from CR
124 to CR 118 or participate in proportional share of county determined paving
whenever traffic exceeds gravel capacity or becomes a safety hazard to traveling
public. If the AADT reaches the minimum threshold of 200 VPD and the County
determines that an improved roadway surface is warranted, then Property Owner
shall be financially responsible for its proportional share of project costs for all users
of this section of CR 21.
Property Owner shall design and construct a left deceleration/tum lane on CR 21
whenever traffic exceeds 10 vehicles per hour (VPH) turning left into the Property
for an average daily peak hour.
Property Owner shall design and construct a right deceleration/turn lane on CR 21
whenever traffic exceeds 25 VPH turning right into the Property for an average
daily peak hour.
Lazy Two Ranch, LL.C, and Duane and Lynn Ross, c/o Connell Resources, Inc. — USR14-0063 - OFFS1A20-0002
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48269.8 Poses: S of figs
We, .Cl k amend Raaor t Mild County , Cs
tI11MAO N1NO II
Property Owner shall design and construct a right acceleration lane on CR 21
whenever traffic exceeds 50 VPH turning right out of the Property for an average
daily peak hour.
Property Owner shall design and construct a left acceleration lane on CR 21
whenever such a lane would be a benefit to the safety and operation of the roadway.
The County, in its sole discretion, shall determine if a left acceleration lane is
required.
2.0 Proportional Share. Property Owner shall pay a proportional share of the cost of the future off -site
improvements (CR 124 to CR 118) including engineering designs and construction plans based on the
Property Owner's share of AADT Counts using the current data on the haul route in the implementation of
the applicable improvements. The proportional share will be based upon the monthly Truck Weight Scale
Ticket Report (TWST Report), furnished by the Property Owner, which details the haul route utilized by
each taut truck using the USR19-0063 facility. County personal, alone, shall make all determinations
regarcng the gathering of and use of traffic data when making decisions regarding cost sharing. In order to
accurately determine the percentage of Property Owner haul traffic the County reserves the right to install
traffic counters on the driveway(s) of the USR19-0063 facility. Future improvements will be subject to
Federal, State, or County regulations in place at the time the improvement project is initiated. Haul Route
improvements maybe triggered due to heavy truck traffic associated with USR19-0063.
3.0 Property Owner's Responsibilities regarding Future Triggers. Property Owner is solely responsible
for the cost and construction of required improvements. These responsibilities may include but are not
limited to the following, as applicable: design, surveys, utility locates, acquisition of ROW, dedication of
ROW, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected
irrigat-,on facilities and utilities, traffic control, and project safety during construction. Property Owner shall
obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, State, or County
regulmory agencies.
4.0 Cost of Construction Exhibit. When any trigger is met, the Property Owner shall submit
Exhibit A-2 within six (6) months of being notified regarding the need for the triggered improvements,
indicaing the cost of construction estimates (engineer's estimate) to detail the costs used in determining
the collateral requirement for the development. Construction costs must be obtained through a registered
Colorado Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for
sites that have project collateral. New or additional collateral may be required for the triggered
improvements. If required, collateral shall be submitted at the same time as Exhibit A-2. Exhibit A-2 shall
be attached to this Agreement and incorporated herein once approved by the County.
5.0 Construction Schedule Exhibit. When any trigger is met, the Property Owner shall submit
Exhibit B-2 within six (6) months of being notified regarding the need for the triggered improvements,
indicating the construction schedule, and including completion date for the improvements. Property owner
shall not commence construction of improvements prior to approval of the Construction Plans and receipt
of the appropriate Grading Permit, Access Permit, and/or ROW Permit. Property Owner shall complete all
improvements in accordance with the construction schedule exhibit. The construction of the triggered
improvements shall be completed within the specified timeframe, which may not exceed three (3) years
horn be date the trigger is first met and shall be completed as follows: Year 1 design deadline; Year 2
ROW/Utilities; Year 3 Construction. Property Owner shall collateralize 100% of the cost of the
constriction improvements, including design, right-of-way, and utility relocation cost within six months of
being notified of meeting the triggers. Exhibit B-2 shall be attached to this Agreement and incorporated
herein once approved by the County.
Lary Two Ranch, LLC, and Duane and Lynn Ross, do Connell Resources, Inc. — USRI9-0063 - OFFSIA20-0002
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6.0 Collateral. Collateral for any additional improvements required by the triggers may be required by
the Board of County Commissioners, hereinafter referred to as the BOCC. Collateral is accepted and
released by the BOCC pursuant to the Weld County Code. Additional information about collateral is
outlined in Part II.B of this Agreement.
7.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or once the Property Owner has completed improvements as described in Part LLB,
Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built
drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered
Professional Land Surveyor or Professional Engineer.
C. Haul Routes; The Property Owner shall be financially responsible for its proportional share of the
associated costs for maintaining and/or improving designated haul/travel routes.
1.0 Haul Routes. The following roads are designated as haul/travel mutes for the Property:
1) North along CR 21 to CR 126 west to Interstate 25 and
2) South along CR 21 to CR 118 east to CR 120 to US Highway 85.
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 21 and travel north -south
to the nearest paved road for further dispersal. Any County roads used by USR19-0063 traffic may become
part of the established haul/travel routes.
2.1 It is understood that Weld County area property owners, farms, ranched, and small
businesses within a five (5) mile proximity, or Weld County Road and Bridge Department, may
have a need for products from USR19-0063, which are located south, east, and west Hauling to
these sites on area County Roads will not require temporary variances, as long as the products are
for County use.
3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle
and axle configurations, unless overweight permits have been applied for and granted.
4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
above -mentioned haul/travel route for a limited period (six months or less), the Weld County Director of
the Department of Public Works may authorize, in writing, the deviation. In that circumstance, haul/travel
vehicles will utilize paved County made whenever possible. A deviation from the established haul/travel
route lasting more than six (6) months, or requests for one (1) or more deviations within a twelve (12) -
month period shall authorize the County to change the haul/travel routes designated herein, and provide
notice to the Property Owner.
5.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual
of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen
by drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes.. Except as authorized by the BOCC pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
D. Maintenance Reaturements:
Lazy Two Ranch, LLC, and Duane and Lynn Ross, c/o Connell Resources, Inc. — USRl9-0063-OFFSIA20-0002
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1.0 Off -site recurring maintenance, if applicable, as required by the Board:
2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust
control on unpaved designated haul/travel routes after commencement of operation. The amount and extent
of dust control will be determined by site -specific conditions at the time, as determined exclusively by
County personnel. Dust abatement along the relevant haul/travel routes is expected to occur approximately
two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per
section 8-6-100 of the Weld County Code.
2.1 Dust Control During Construction. If necessary, as determined by the County, the Property
Owner shall cause to be performed within 30 days of notification, at its sole expense, dust control
by a contractor approved by Weld County Public Works during the construction period of the
development.
3.0 Repar. Property Owner shall be financially responsible for its proportional share of excavation,
patching, and pavement repair on designated haul/travel routes. The amount and extent of repair and paving
measures will be determined by site -specific conditions at the time, as determined exclusively by County
personnel.
4.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project
traffic that causes an immediate threat to public health and safety or renders the mad impassible
("Siguficant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage.
Property Owner shall identify the repair required and shall consult with County on the extent, type, timing,
mateials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt
of suds notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If
Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property
Owner may commence repair of such Significant Damage and shall concurrently notify County of the
extent, type, timing, materials and quality of repair (i.e. temporary versus permanent).
5.0 Repair of Road: On or before December 31, of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
requiae paving measures or other improvements in order to protect the public health, safety, and welfare,
and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off -
Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site
Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the
need lo undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off -Site
Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility
for tie completion of the repairs and/or improvements on or before December 15, of the year following
County's notice of the need for repairs.
5.1 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportional Share of the road repairs/improvements will be
calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those
proportional share costs.
6.0 Calculation of Property Owner's Prog4rtional Share of Costs. The County shall notify Property
Owner of County's preliminary determination and assessment of Property Owner's proportional share of
costs 3f maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to
County's final determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection methodology, and
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determinations. The County shall review and consider Property Owner's input prior to making a final
determination and assessment. The County shall have sole responsibility for determination of Property
Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within
30 days of receiving an invoice from County.
7.0 Armual Road Inspection. County may conduct a road inspection annually with the cooperation of
Property Owner and all other Property Owners and/or Lessees who are required by County to participate in
road improvement/maintenance agreements for the haul routes designated in this Agreement. Asa result of
the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that construction
season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data
becomes available.
8.0 Notification. The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's Proportional Share of costs of maintenance, repair, or improvements to
Property Owner's designated haul/travel routes. Prior to County's final determination and assessment,
County shall provide Property Owner with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review and
consider Property Owner's input prior to making a final determination and assessment.
PART II: GENERAL PROVISIONS
A. Engineering and Construction Requirements:
1.0 Engineering Services, Property Owner shall furnish to County, at its own expense, all engineering
services in connection with the design and construction of the off -site improvements and all on -site
drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, as
identified on the accepted Construction Plans and according la the construction schedule set forth in the
construction schedule exhibits. The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado and shall conform to the standards and
criteria established by the County for public improvements. 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.
2.0 Rights -of -Way and Easements. Before commencing the construction of any off -site improvements
herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good
and sufficient ROW and easements made necessary for the improvements. The County will not exercise
eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads
to be accepted by the County shall be conveyed to the County on County -approved forms and the documents
of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC
and recording.
3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and
any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall
be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being
completed also in accordance with the schedule set forth in the construction schedule exhibits. The BOCC,
at its option, may grant an extension of the time of completion set forth in construction schedule exhibits
stated herein upon application by the Property Owner. Said construction shall be in strict conformance to
the plans and drawings accepted by the County and the specifications adopted by the County.
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4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction; and shall furnish copies of test
result to the County. If County discovers inconsistencies in the testing results, Property Owner shall
employ at its expense a third -party qualified testing company approved by County. Such third party shall
firrnislr the certified results of all such testing to the County. At all times during said construction, the
County shall have the right to test and inspect material and work, or to require testing and inspection of
material and work at Property Owner's expense. Any material or work not conforming to the approved
plans and specifications, including but not limited to damages to property adjacent to the construction plan
area Mall be repaired, removed or replaced to the satisfaction of the County at the expense of Property
Owner.
5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the
entreat version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld
County Engineering and Construction Guidelines.
6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of
issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County
review. During construction, appropriate safety signage shall be posted in accordance with the then -current
version of the Manual of Uniform Traffic Control Devices.
B. Collateral:
1.0 General Requirements for Collateral. Property Owner shall provide to County the necessary
collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is
required for completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral
is required for all off -site improvements during the two-year warranty period. Collateral acceptance and
release is govemed by the Weld County Code.
1.1 project Collateral shall be submitted to guarantee completion of off -site improvements
identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the
value of the improvements, as calculated in the cost of construction exhibits. Project Collateral
must be submitted at the time of execution of the Agreement, unless otherwise directed by the
Board of County Commissioners. In the event that Property Owner fails to adequately complete
the required improvements, County may, in its sole discretion, access Project Collateral for the
purpose of completing such improvements. It may be necessary to provide additional collateral in
the event the cost estimate is older than three (3) years. No work shall commence until project
collateral bas been submitted and accepted by the county.
1.2 Warranty Collateral shall be submitted and held by the County until release after the two-
year warranty period following the County's initial approval of the improvements. Warranty
Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owner
fails to adequately complete or repair improvements during the warranty period, County may, in
its sole discretion, access Warranty Collateral for the purpose of completing such improvements.
2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash
deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that
section maybe amended from time to time.
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3.0 Release of Collateral, Collateral shall be released in accordance with Section 2-3-30 of the Weld
County Code. For collateral release, the Planning Department conducts inspections for on -site
improvements, and the Department of Public Works conducts inspections for off -site improvements.
3.1 Tithing of Release. Project Collateral may be released upon completion of all
improvements required by the Exhibits after initial approval by the County. Warranty Collateral
shall be withheld by County at the time of release of Project Collateral or may be submitted
separately by Property Owner. Warranty Collateral may be released upon the approval of the
County at the end of the two-year warranty period.
3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the
entire project or for a portion of the project, the Property Owner must present a Statement of
Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of
Substantial Compliance shall state that the project or a portion of the project has been completed
in substantial compliance with accepted plans and specifications documenting the following:
3.2.1 The Property Owner's 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.
3.2.2 For the improvements to public rights -of -way or easements, test results must be
submitted for all phases of this project as per Colorado Department of
Transportation (COOT) Schedule for minimum materials sampling, testing and
inspections found in CDOT Materials Manual.
3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or at such time as the Property Owner has completed
improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped
and approved by an Engineer registered in the State of Colorado, if an Engineer
was initially required for the project. The Property Owner's 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.
3.3 County's Response to Request for Release of Collateral. Following a written request for
release of collateral, County personnel will inspect the improvements as provided in this
Agreement. Upon approval, the Board of County Commissioners may release said collateral.
C. Accentatace of improvements:
1.0 Acoeplance of Off -Site improvements: Upon completion of the off -site improvements, Property
Owner shall contact the Weld County Department of Public Works and request an inspection of such
improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance
process.
2.0 Inspection, Approval, and Acceptance Process:
2.1 Upon completion of construction of all off -site improvements as described in the
Construction Plans, Property Owner shall submit to the Weld County Department of Public Works
a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built"
drawings as required in subsection B.3.2.3, above, and shall request County inspection of the
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Off -Site Improvements. County personnel shall then inspect the improvements. If the County
determines the improvements were not constructed in accordance with the Construction Plans, the
County shall direct the Property Owner to connect the deficiencies. If the County determines the
improvements were constructed in accordance with the Construction Plans, the County shall
initially approve the Off -Site Improvements.
2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period.
Upon completion of the two-year warranty period, County Public Works personnel shall, upon
request by the Property Owner, inspect the subject improvements, and notify the Property Owner
of my deficiencies. If any deficiencies are discovered, the Property Owner shall correct the
deficiencies. County personnel shall re -inspect the improvements after notification from the
Property Owner that said deficiencies have been corrected. If the County personnel fmds that the
improvements are constructed according to County standards, he or she shall approve the
improvements. Such final approval shall authorize the Property Owner to request the Board of
County Commissioners to release the Warranty Collateral.
2.3 Placement of Improvements into Service Prior to County Approval. If requested by the
Property Owner and agreed by the County, portions of the improvements maybe placed in service
when completed according to the schedule shown on the construction schedule exhibit, but such
use and operation shall not alone constitute an approval or acceptance of said portions of the
improvements. County may, at its option, issue building permits for construction for which the
improvements detailed herein have been started but not completed according to the schedule shown
on the construction schedule exhibit, and may continue to issue building permits so long as the
progress of work on the improvements is satisfactory to the County, and all terms of this Agreement
have been faithfully kept by Property Owner.
D. Permits: The Property Owner is required to apply for and receive all permits required by the
County or any other applicable local, State, or federal permit, including but not limited to:
1.0 Access Permits. Operator shall not use any access onto any County road unless and until an
access permit has been issued by the Department of Public Works. Public Works may condition the
issuance of an updated access permit on the amendment of this Agreement if the updated access permit
authoizes the use of an additional access point, or if there is a change in use of the current access point,
as permitted by Article XIV of Chapter 8 of the Weld County Code.
2.0 Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occuring within County ROW requires a ROW permit issued by the Department of Public Works. No
work stall occur without said ROW permit.
3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County
Transyort Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation
and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
E. Enforcement and Remedies:
1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the
terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which County believes constitute the
violation. Property Owner shall have fifteen (15) business days within which to either cure the violation or
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demonstrate compliance. If, after fifteen (15) business days have elapsed, County believes in good faith
that the violation is continuing, County may consider Property Owner to be in breach of this Agreement.
2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner
has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any
or all of the following remedies, or any other remedy available in law or equity.
2.1 Access and Use of Collateral. County may access and use collateral to address the issues
specific to the violation. For example, the County may access and use Project Collateral in order to
complete improvements as required by the Construction Plans, when such improvements have not
been completed in accordance with the Construction Schedule.
2.2. Withholding Permits. County may "lock" any or all lots within the Property, which
precludes the continued issuance of building permits, zoning permits, septic permits, or any other
permit issued by any department of the County.
2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Court for the District of Colorado, except that no such civil action
or order shall be necessary to access collateral for the purpose of completing improvements as
described above.
2.4 Revocation of USR Permit. Property Owner acknowledges that failure to comply with the
terns of this Agreement constitutes cause to revoke the USR, and County may exercise this option
in its sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
3.0 Tenesination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of
the underlying land use approval under Weld County Code Section 23-2-290. However, County
may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety, and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Property Owner's complete cessation of all activities permitted by the USR including any clean up
or ■estoration required_ A partial cessation of activities shall not constitute a Termination of this
Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless informed in writing by the Property Owner of cessation of activities, and verified by the
Conoty, cessation shall only be presumed if the County determines that the USR has been inactive
for three (3) years. Property Owner shall not be entitled to a release of Project or Warranty
Collateral unless and until the improvements required by this Agreement are completed.
3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new property owner or operator who has
purchased the Property or has assumed the operation of the business permitted by the USR, and
intends to make use of the rights and privileges available to it through the then existing USR.
3.4 Revocation of USR. This Agreement shall terminate following County's revocation of
Property Owner's USR, except that the Property Owner shall only be released from this Agreement
after the successful completion of all improvements required under this Agreement, which may be
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completed by County after accessing Property Owner's collateral if Property Owner fails to
complete such improvements.
F. General Provisions:
1.0 Successors and Assigns.
1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
without the prior express written consent of County and the written agreement of the party to whom
the obligations under this Agreement are assigned. Consent to a delegation or an assignment will
not be unreasonably withheld by County. In such case, Property Owner's release of its obligations
shall be accomplished by County's execution of a new Improvements Agreement with the
successor owner of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability, If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of
the parties.
3.0 Governmental Immunity. No term or condition of this contract 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.
4.0 Amendment or Modification. Any amendments or modifications to this agreement shall be in
writing and signed by both parties.
5.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that my entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District
Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf.
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9.0 Release of Liability, Property Owner shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature
and description caused by, arising from, or on account of the design and construction of improvements, and
pay any and all judgments rendered against the County on account of any such suit, action or claim, and
notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by
County in defending such suit, action or claim except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the improvements shall
maintain adequate worker's compensation insurance and public liability insurance coverage and shall
operate in strict accordance with the laws and regulations of the State of Colorado governing occupational
safety and health.
10.0 Bi ding Arbitration Pfohiibited, Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such party's
obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
binding on such party and enforceable in accordance with its terms. If requested by the County, Property
Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement
within five (5) days of receiving such request,
12.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other communications between
the parties relating to the subject matter of this Agreement.
13.0 Conflict of Tetras. Notwithstanding my other provision contained in this Agreement, for any
conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County
Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall
control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the
time of the agreement, the terms of the Weld County Code shall control.
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By: Date: February 2 2021
N
Title: President
STATE OF COLORADO
SS.
County of Weld
The foregoing instrument was acknowledged before me this2nd day of February
WELD COUNTY:
ATTEST: 4�, / 6: jego• t1 BOARD OF COUNTY COMMISSIONERS
Weld. C ty erk to t'.. WELD UN7Y, COLORADO
Deputy C,'r. to ' e : •, !Ye `'; ''%
I MI
i Wit
.
BY:
K. James, Chair APR 1 1 2022
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