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Home My WebLink About20250746.tiffCovArc,c)c sS #c)\k1 1-k MEMORANDUM TO: Clerk to the Board DATE: February 28, 2025 FROM: Jazmyn Trujillo -Martinez, Planning Services Dept. SUBJECT: BOCC Agenda Item — Approve Replacement Improvements and Road Maintenance Agreement For: Public Storage Operating Company — USR17-0067 Reauest to Approve Replacement Improvements and Road Maintenance Agreement: The Department of Planning Services received a request from, Public Storage Operating Company, requesting that the Board of County Commissioners consider approving the replacement Improvements and Road Maintenance Agreement for (USR17-0067). The property recently changed ownership. The deed supporting this change of ownership is attached. No collateral is required with this agreement. 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. Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the replacement Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for USR17-0067, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. cc: Dawn Anderson, Planning Services Cohn Acr-cd`.G 3- 1-a5 cc PLC /s-rtA/KR/frtw} 0.-I/0%/2s ©00c,s3L._ s - as - as 2025-0746 ?Las 1 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Public Storage Operating Company — USR17-0067 THIS AGREEMENT is made this Ilk, day of Maw,, 202_6, by and between Public Storage Operating Company, 701 Western Avenue, Glendale, California 91201, a real estate investment trust organized under the laws of the State of Maryland, 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, 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: Lot A of Lot Line Adjustment, LLA21-0033; Located in part of the Sl/2 of Section 34, Township 1 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 USR17-0067, and WHEREAS, Property Owner acknowledges that the final approval of USR17-0067 is conditional upon Property Owner's funding and/or construction of the off -site improvements, if/when triggered, and road maintenance, as required, and described in this Agreement and depicted in the following incorporated exhibits: Exhibit A — Future Off -Site Improvements Costs of Construction, to be attached if/when triggered, pursuant to Part I, B., below Exhibit B — Future Off -Site Improvements Construction Schedule, to be attached if/when triggered, pursuant to Part I, B., below Exhibit C — Future Construction Plans, to be attached if/when triggered pursuant to Part I, B., below Exhibit D — Plat Map, and WHEREAS, Property Owner acknowledges they may not operate as described in USR17-0067 until the Agreement is executed by the Board of County Commissioners; and if/when said improvements have been triggered, Property Owner agrees to their proportional share of the funding and/ or construction, as required, and WHEREAS, the parties agree that the Property Owner shall provide collateral for Future Off -Site improvements as required by this Agreement, and WHEREAS, Property Owner and County acknowledge that this Agreement shall replace the Improvements and Road Maintenance Agreement According To Policy Regarding Collateral For Improvements dated January 14, 2019, and recorded on February 14, 2019, as Document Number 4466979. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: Public Storage Operating Company — USRl7-0067 -1A25-0004 Page 1 of 12 PART I: SITE SPECIFIC PROVISIONS A. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible to maintain off -site safety improvements as identified in the USR hearing Resolution, which may include, but are not limited to: 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, as indicated on the accepted Exhibit D (the "Existing Off -Site Improvements" and future Exhibit C, as required. On -Site improvements that create more run-off than the historical amount may require off -site drainage improvements to roads and ROW. 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 being generated by the site. The Property Owner's development does not currently meet the traffic safety triggers requiring the improvements specified below; however, 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 Property (the "Future Off -Site Improvements") if/when all traffic to/from the Property meets the following traffic triggers: Property Owner shall design and construct a left deceleration/turn lane on CR 2 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 2 whenever traffic exceeds 25 VPH turning right into the Property for an average daily peak hour. Property Owner shall design and construct a right acceleration lane on CR 2 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 2 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 Property Owner's Responsibilities regarding Future Triggers. Property Owner is solely responsible for the cost and construction of such required Future Off -Site Improvements if/when all traffic to/from the Property meets the foregoing traffic triggers. 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 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. 3.0 Cost of Construction Exhibit. When any of the foregoing triggers is met, the Property Owner shall submit Exhibit A within six (6) months of receiving notice from the applicable governmental agency regarding the need for the triggered Future Off -Site Improvements, indicating the cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral requirement for the Public Storage Operating Company — USRI 7-0067 - IA25-0004 Page 2 of 12 Future Off -Site Improvements. 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 Future Off -Site Improvements. If required, collateral shall be submitted at the same time as Exhibit A. Exhibit A shall be attached to this Agreement and incorporated herein once approved by the County. 4.0 Construction Schedule Exhibit. When any trigger is met, the Property Owner shall submit Exhibit B within six (6) months of being notified regarding the need for the triggered Future Off -Site Improvements, indicating the construction schedule, and including completion date for the Future Off -Site Improvements. Property owner shall not commence construction of Future Off -Site 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 Future Off -Site 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 from the date the trigger is first met and shall be campleted as follows: Year 1 design deadline; Year 2 ROW/Utilities; Year 3 Construction. Property Owner shall collateralize 100% of the cost of the construction improvements, including design, right-of- way, and utility relocation cost within six months of being notified of meeting the triggers. Exhibit B shall be attached to this Agreement and incorporated herein once approved by the County. 5.0 Collateral. Collateral for any additional Future Off -Site 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. 6.0 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 Future Off -Site Improvements as described in Part II.B, 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. Travel/ 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 Travel/Haul Routes. The following roads are designated as travel/haul routes for the Property: 1) East and west on County Road 2 between County Road 17 and County Road 21, and 2) North and south on County Road 19 between County Road 2 and County Road 6. 2.0 Traffic shall enter and exit the site at the approved access(es) on CR 2 and remain on paved roadways for further dispersal. Any County roads used by USR17-0067 traffic may become part of the established haul/travel routes. 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 Department of Planning Services may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved County roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months, or requests for one (1) or more deviations within a twelve (12) -month period Public Storage Operating Company — USR17-0067 - IA25-0004 Page 3 of 12 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 Requirements: 1.0 Off -site recurring maintenance, if applicable, as required by the Board: 2.0 Repair. 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. 3.0 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 road impassible ("Significant 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, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such 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). 4.0 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 require paving measures 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 improvements/repair costs, County shall notify Property Owner in writing that the repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to 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 the completion of the repairs and/or improvements on or before December 15, of the year following County's notice of the need for repairs. 4.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate 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. 5.0 Calculation of Property Owner's Proportional Share of Costs. 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 Public Storage Operating Company — USR17-0067 - IA25-0004 Page 4 of 12 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. 6.0 Annual 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. As a 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. 7.0 Notification. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate 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 Future Off -Site Improvements if required by any Municipal Separate Storm Sewer System (MS4) permit, as identified on the accepted Construction Plans and according to 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. County acknowledges and agrees that the Existing Off -Site Improvements have been completed and this Part II A.1.0 is not required for such Existing Off -Site Improvements. 2.0 Rights -of -Way and Easements. Before commencing the construction of any Future 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 Future Off -Site 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. Public Storage Operating Company — USR17-0067 —1A25-0004 Page 5 of 12 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 results 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 furnish 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 shall 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 Future Off -Site Improvements shall conform to the current version of CDOT's "Standard. Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Criteria. 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 Part I: B of this Agreement: (1) Project Collateral is required for completion of Future Off -Site Improvements, as described in this Agreement; (2) Warranty Collateral is required for all Future Off -Site Improvements during the two-year warranty period. Collateral acceptance and release is governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of Future Off -Site Improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 125% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted prior to commencing any Future Off -Site Improvements as required under this 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 as of the date Property Owner commences installation of the Future Off -Site Improvements. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS 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 8-2-40 of the Weld County Code, as that section may be amended from time to time. Public Storage Operating Company — USRl7-0067 - IA25-0004 Page 6 of 12 3.0 Release of Collateral. Collateral shall be released in accordance with Section 8-2-30 of the Weld County Code. For Project Collateral release, County personnel conducts inspections for on -site and Future Off -Site Improvements. 3.1 Timing 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 at that time. 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 Project 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 (CDOT) 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 future Exhibit C 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 a Development Review 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. Acceptance of Improvements: 1.0 Acceptance of Off -Site Improvements: Upon completion of the Future Off -Site Improvements, Property Owner shall contact the Weld County Development Review 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 Future Off -Site Improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Planning Services 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 Public Storage Operating Company — USR17-0067 - IA25-0004 Page 7 of 12 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 correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel finds 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 may be 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: 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. Property Owner shall not use any access onto any County road unless and until an access permit has been issued by the Department of Planning Services. Planning Services may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes 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 occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work 0 shall occur without said ROW permit. U 3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County_ Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation 2 and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner. 4F. F 1,2%.;_i E. Enforcement and Remedies: 11174 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the cor,U -.722 terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been a violated and shall state with specificity the facts and circumstances which County believes constitute the gviolation. Property Owner shall have fifteen (15) days within which to either cure the violation or �i-..;•8� demonstrate compliance. If, after fifteen (15) 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. rm N a r� Public Storage Operating Company — USR17-0067 - IA25-0004 mMm= Page 8of12 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 terms 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 events: Termination of Agreement. This Agreement shall terminate upon the earliest of the following 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 restoration 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 County, cessation shall only be presumed if the County determines that the USR has been inactive for three (3) consecutive 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 completed by County after accessing Property Owner's collateral if Property Owner fails to complete such improvements. Public Storage Operating Company — USR17-0067 - IA25-0004 Page 9 of 12 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 any 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. 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 Public Storage Operating Company — USR17-0067 - IA25-0004 Page 10 of 12 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 whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 10.0 Binding Arbitration Prohibited. 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 Notwithstanding any 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. Public Storage Operating Company — USR17-0067 - IA25-0004 Page 11 of 12 (Seal PROPERTY OWNER: Public Storage Operating Company, a Maryland real estate trust By: Name: Sharon Linder Title: Vice President Date ZI2b 11,5 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) S.S. On Febrwaq Z(o , 2025 before me, Sarah (alit , Notary Public, personally appeared S aron Linder, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SARAH YOU Notary Public - California Los Anteies County Commission * 2471788 - Nota ' ubl My Comm. Expires Nov 14, 2027 WELD COUNTY: ATTEST: Weld C•unty Cl k to the Board BY: eputy Clerk to t e Boar BOARD OF COUNTY COMMISSIONERS W i OUNTY CQL-QRADO ck, Chair MAR 1 '7 «25 Public Storage Operating Company — USR17-0067 —1A25-0004 Page 12 of 12 z025-0-1(-1(0 5018008 Pages: 13 of 15 03/24/2025 11:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County , CO III IFJP17,7 111 III Site Specific Development Plan Use by Special Review Permit Development Standards Exhibit D USR17-0067 USE BY SPECIAL REVIEW, USR17-0067 For Self -Storage, Lot A, Recorded Exemption No. 1489-34-3 RE 4482, Located in the Southwest Quarter of Section 34, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado PROJECT NO. 1334-001 01/29/2019 u Th. Smm tap ON Ue000lonr4 plop and tae of spits firmew *Ant Wit 1-0067. se Ito any U•e °mnd•a as • Ue. by RyjIL Accw.ory Us, or al ply 500001 Ragm n fr Cmsrndal or IMUlt al Zia C1latracts iorck4age Man OOMOOA rot n• PropOrtY r nol • %t a inn •00n7/44 re 1opeOal wuWs4n plat a pen M r rtap a Odn orb ono, b Waster: of any regulators rcrrial0 a1a•avba/Inn ttr A (Aprcuiluall Zone Daniel stipcl l;. pa C ONOprolot Omraf W Ili ad Niacin. 7 Approval or etc plat, wily angle • !mind Varney nphl pnuan b Tiwdlm 23-6.10 d Ira Wee County Crate f Dv n ula d t4anbon for to 0ele on 0 % em . 0.00 p.m Moan - nom• \e6Y Ammo N 7r ! day as be n,Ne64 by YrLag myna mnVY between 00^ am oral Ind) pm. Must . Sordin 4 To meow) d mime enpnoyan• Nil: w twu t!n. No haarnY.v mateflab *MO to MuW w" tale arks O TTe parting rm no the age thed se maaolr' 7 Tee faulty .lad tie .lowed ail 17) bay (10) apron for upward W In tame (Monument) sort and OM (1) apply 140) eduare 1001 WO' In nn40rc sign 10 bn WrrM c4, a: 0179 p to At. ✓Jw tQw we open 1d (' wow 23. Meet N, M alan 2 are: Appendices 21C. 2]-0 and 23.1 d l o Weld Cant, 1x0. 0 Tho yMecapingAne nno on the old aWl be msntrod r aaamtence i n t 601 epp rid Landa nrlp•5anrayi poi; 0 00 deed and Ian near laic deAnaO n Oro &Al LymOa Dhp00.1 %ebb 4440 Ffates M Section 30-20-100 5 C R s 1 0'440 to stoned *no rMnasl fir fires JmpbA0 n • manner treat minas .plash wita0• ail Oor✓• oener RtmannaptY 10. No perrner.d aped of e s aalel to toweledd .1111,a tau Tel a nat prat 10 w.ynle atoms weces ep•rdra n madded horn 1ho an, Aon Y n son° wain n dr So k Minas Drpnsel Soles and Fabian Act Sedan 30-20.100.5 C R 5 11 Mete ro ellasa are be Sneed. Wired_ net b•p0ao0 Of m • rartnner 0s4 =era tup ost Oat turns. perhonne enraoq net, And n'r IMP 0Parre In A¢adona =eh Cheraw • 4. A^be I. of I:r Wald County Code 1•o•"rg p0eclnlar rw.wtr oaltCaOrr Pia tbry 12. F•s7frw dud Mould apoloPt b b1r waited •n dIs grAieny .1440 , e pro pitso icy Ww•wa =NAN wen tar Colorado As Cooky Cwrrrnasaae• Ae :ASO toa.nodinn td, mat tasty shill ernes to tho madman palnaibn ryas lath elvinwd n pre Frindeeat 2n a rise►tet a naanealed n SneOat 2612.103 C R S 14 MY letalG flew' baled mil M net? muar Omnni wC` dt I nytra•dn .,4 pw IMO Count, Coda. paratwg to OnAaa Wnra Was! Treatment Slam" A f erprrrl decal, weir ixn y oral be pro eWal b ararp !An sanitary burrows Is No dadea abfape a d0wrd. I 6 Anna Plan h.trev0sg err toll Ostlers nand be pruMtd 'ts emplanes and peon te 001 fr-wn. ad d tart For em (101 de ale Cann Or ribs troll Orn er111 tAu 141 :t does flLOrea anpbM- on OM ay. ,trials WAWA •^d 00t0•0 dots rs r aeprobla !arid or mnnwra mat ptip•r 44.110.14 b portable urea slel be reamed inn a quarany hew and available tin ono* by eat Wad Cw1nY Otriprenal of pint roar. and Fervelmlmed. Ponabe Valor mot w redo& by a deansr iloneed in Wad Caun f and Waal tonaa, err si dlr). T Id Iv 10 21. Z2 zs trio ,location shill tnmpty for nd epp.abta nabs and r•putabOna of Saar rr tonne anincrs ono Me Weld County Cad• The p perty own, w iprrdl Wind a respOrra•• IOC COMMON MOMS wtwd on pre as pursuant to Chedtr 15. Antiee f err ll. of la Wad County Coat the mown a the u1a ail Pe mainlined to nalOpah any impacts to Ilse bDel needrr.Ae rc Oantapss arch• ih ads tiecio g Tate Shall be no pul4ap t4 Waging l kernow an Roes nada Urtode pwdWtd tea be ottibbc Any eat OIM MeV Otaapy r.1 • owes+ weft- .1y Cwaa ndtr J wept w waarnmt Yda accota MI approved Nei d-Vfrt let Perna prat 10 00 tvrnfYJRmMI net lwacinc l ddo padomo +rid runoff .nwtnfn• an Ira VW vwJ w n entain 0 Wald County ty a not reaRnWne b Mo nwtrnarc0 at on ale dramas ItrawO lerlrra• a Son o or Igrx Ina w shnel id so ea ward u rays of ip 1W rid oh ne dse•J1y alto ageinn pr[paten dolls• d 1pt0. wail rra olds • marina of adman and to as on •a• a(eCmn prape wn n ooawdMru se Cr fro Nana the diva. nix tarecledeW11 from airy lea snubs may aerate w Veff[ natant In batman of M%a vaviea in pubic w pmate waists Nu Wired Opal(( an be tend farm may w Oonsuatd will or co sbtlW as. Valet pomp deals 21 bidding p•n1•a• may w rapWed per Section 2'110 d err Wand L'wmY Code Currently Ow took lg nee peal adopted by Wad Coury 2012 nonmord Coosa 2000 Inanleporue Energy cod. and 2Du mrhnl& Elscblcel cops, A gtalig Penns dbol cebon neat be o0rrptebd and la. (2) comp)da swd d 4.1101 rend Pere boar g er end olannp Of • COfeedl n piltred at to(' u e npera mad he warMlO b renew A Oepdalrw0a Enoneerwq nowt pntbm•d by a Cando nodered enbaya sub be mo Wit a en Open floe iname cn 2b. The pmperty oars a operator ail w room/able Or donplyrp w*. err Omar and Oprwem Stantlan9e of Chaim 23 d Me Weld Utte y Cad. 22. 11aaa•aery pontoon from Me Weil Gaily 0•{.611.1111 d powHg Sovrar. Ptak Wue4, and pvblc Noah .aid @ non:emnM sltnd tar premed anew Iaeo the Paprty al err rnew100b time at poor b wawa pa moose. anted old an Or property oonpy vet Ma Cantina. d Approval 014 De novvond Blentialnle Waco Moran err a eµtar,u Walt] County fnuedur 26, The Use by Spoor %new ern snail be PVC b Or Parr Owen hereon and gonna ny pie 1oraodg caarrpnla 404 it appanage Weld County wale:cots Shoran» ;ninon torn die pen w Oelllbpr.t Sts a w, u oaten err ataied, are require tae awns Mat InlaniSni i din• Pmml try Ire rind d County Bled of Carty Cinaemornrs bane such clang•► hum ply plena cr Ornkpma t Standen. rw perna be Any tu. Pongee Yea be ray 4. tie ohne a4 the Depsrtmal p Rarnl o ftMrae 26 The t•daoy khan not" Ow County of rn/ revocation fo lhs r spenem of Ire Stns 11) -MC penit 3U The property awn w I WS" Ira toffy sae Carry vial reaps of rry trnp.e to an/OM of o0er notice Of ron idOmplanco d s stab aaad peed and of aw outcome a d'aprrton of an e aafl confl at,a lahast•y cs nor roatm of nornalnawce f1 ire, property pats or p rives Mora to reapcsabne for co plaro rah d of M Iowpa ) TheobpnnWt Saandrd tIllnLOtarrtr aaen dry d pre frangaw4 Ofivi nomara ete4Md ngy be new, in myosin ol Or Perm/ by the Board of Carty ComedeYY.e 11 RIGHT 10 EV1E:ACT MINERAL RESOURCES STATEMENT, Wad Canty has some of tar most Wanda% mneral ra•aatea inducing, but not bwdd to, and and gown, af, rand yaw and coat Under led Crtoredu Rated Staten minerals are AS nawas beAnes W tat slew's command meant apalb we a rental to One dad's eovwary: MI pie pawn, iarsas Of ne sow *Ma • oilcan nnPt.e. C wdt dep°es: and (,Ct open deOalt• sawn be ■nfaetad according to • ratwM Wen. OaILs/aret b load ar* of a•Y1 depow end owes Me lest pnnftafla efropann of me arlogy and quay d /to of M cater* of the Pod lo\a QAnlees d Ina WS Winn mail noeaa ore a sag wed Mrwpllaa M Conn ad Penn faml g ego Mae was mat rgadpmra ail Aram meat aasodrtd alb ma devolopmant. Oftenernet mane rvs0u0e ides ore Dad b th if geopgtie°1 err pwptrysial locates Moraawf. Oran frowns* saw MIAIKA a properly rata and m ann rasa snood be afforded me C pararry to taw err mean nowt°. 13 no Wad Corey word into", Sfa eel, as 0 ypsan In Section n.2.20 22 d en Wad Canty Cad anti be pant on err Map and renorntted at a/ emn Wad Canty o are or the nor s adolye og•1Pr4ra mnes r Its Untied Stela typically ranting n ifs ap Ian canes n M ovary an bad Inman tans d ap'Attatal Nadia 1104. Tar door arse at Wald riany m•y be DPW orb •Oecous. tat lacy w t'eartensey uneE rpf ddrtn tla• prom tinning into • war Was Mast rsliptla and 0rsap Bar• are cO ebony waned coach loogna d g agricultural nano err • tows ins d •rupee Man r Wen i1kr10 sight ern dreabatds °me !fte leaptaba lam Cad urban doll n, b n Cew to rural acct own Neva. arilltrr••wet*. aril d dy nobs and prappikor and We fume awm tchte• ma way of Ift flow machining tara dhW farm earn abed urban araern to NM Mid Canty woad minty b• 0at0 forma Agrnuara tars or Me 444 Wan mmul w eapedr0 o Marge tea bag eaOaarod .gndianal new W orournovdod M man of urban wra rib • oral ants Weanet aptaavre ores rB grant od-era mesa etudes; noise non damn and egaaUrar. Ninomong Term wlerJw CO nael mods, tloe torn rime, pant hand work Nona and gm, (mode, odp from worn n caM1Me nern. adage and manure . uncle born Pon burning Ma and morn lose, tuning and capping flea Padag spank legal hating ill season weave. WC IN uee d peebtida e rr taldl:are in Me talc naaeg Ow Nee et sera aminoIts unrtn prdrtdce tw agn atom pwlucas n ultra an 0unmt felon of •plurRlrr motrinery ore VMS* b seat n Wor aga:Wval cerr0in• A atramabOn Of nnOlfan l• opnnAmel MalanM. Caen prppucall a Ala Osprey Worn noel and omen mess d tin Carty Sabin 3S1b102- C R 5, mane mill an epricuarW anon end rut Pe tuna to be • parr- n prate moan ni t Or apt lunel Attar aaaapJ b to • robin , amplon mean r as llon Tor on xannwny a risawrpy •e•0d8d ran egrdcullunl procnion tan fro wen. rr maws b brit pn Wane for dr aeflculnrar Comnnrdl. h n Jrauaotoa W Sri yn: Otis and Iserners MOT Wept/ be moo r: ecru 11 Ma edit of rontinr oe Onropnrrl when many a Me Carry. Fenny dolls end n hnn must nano miry oNant tea wad• rllxl andeua. Steel. yin 0r MIS s•o dures, trans try new an ednacelea rt gl to Ifs water Wald Carty ono • Sod are• d apprOanbaley far Mown 44.0001 apart nor\ n out fancy Vo .: • or e» Sad :a Daenarel an maw men tines thousand orlon cared (3. MOP non M ante and Candy made wife U muedpoita Flo err reag aude or me Me• b w ernr: 11:re!che• alaaaba rnwxw Les Mbabane% re based on gaping* g* to oaeolorte nide Than On panes d Me County. M10 to ne[erom wtvy must te deaeean nary &trio nd arlargencT Issf ov in. naming re rtbpenant enbuerra and la. F'4e t rona= a uuuer poAdeC y' 00)080.0,4 Aft InA1 Mate thole loch and lame.m• n repptl b araaperaaw Cants' 0rnet coma m marry row amen they re Hand. Mora MUM. Ma sans and of sofas ..Plata men • Pew0 r000 Seri tenxn•I pioreles nova plat nabs from su donsio a b flow may not m dared car several dam JAM • nuns snurrawm Servo n n nal area M rany ram m w• not w .q.r,ye t n r uradpai sushi. Rua donate •null, uy normality. be noon sae sdilPad Man urban dodo. Pape m• ingtoOad to descent t nn a of 0ae Courtly than in a1 uteri or aWllrn twang Farm whitens% And w ney arna0,0 tin- Wad mil rltyAm arra \ loC00 pew. IFS "WS air tarns ;not operations. hpiPapnd trams rad tsaa punibn ark tanaala damn Pop and Ca ends% um) uiaa burin"; prawn as news r.cnoueino:iaataenl pima • an.Vta t car tray b fin wary mil also lot Pe m>lisios•. J b+e tarnees aw/on Property Description 1.,4 A, Raeernc Everwolen Nu 140434-3 Re 44Kf. Located in the Sanest Cwasns of Sector. 34. Tranemp 1 hpM Range 07 War of tar 611, P M Casty d WOW. Stan d Canada Tar Pollan N led PMos bang p0pcald tar Onefonn e t rpMMr 161, ro h M1 u 6.35 Ian ewe M'na rf 4 and r enact to any deb dray or cane eaeamena or %min at nor wing m said descried pant of land Flood Plain Note As d January 70, 2010 Or sae is not located wenn any onignain good men pw rDa map camber GII21C210GC 14:)N0RTHI C SNI vfCrt4 i ��--OI$•RALF MILE a:..-.... - /RAMS ,-\ --1 — a,i--1 of siwcethe1 ` .TON SEC 1 S\ rt,a.Rg)w, ((i /MIS pi 1 1 • d_._ tin 3 !:i�L IMICR2 .1 es AVE, 1 s.n pct i 0N. lint4 � l SEC 3• 4 f1N, 6T V) 1 -)--, \.--- r'.... _ VICINITY MAP SCALE • r • 2000' PC tE. i91ith I P16 t SOILS MAP SCALE • 1' • 500 Sal Descriptions 40 - Nun loan, 1 b 3 pedant elopes OF - ten dry dam, 3 b 0 pal Napes 02 - MNryCoeo compare. 1 to 3 Mrtr• slopes Pd • Maass Ken, 0 b 3 pascal Sopaa fwC • Roar barn, 3 b e pelvic @baow 4474138 Pepea. 1 et 3 03/14y2e)a MI 3e n at... $3.1 00 ern M1 -se\\ .,. . Mt ,rKV W �nPelfin ilMI'I r�►�.O44N14.7 �leidt%tIail INDEX NO. DESCRIPTION 1 COVER & INDEX 2 USR17-0067 SITE MAP 3 DETAILS Property Owner's Certification T 1r uningned Mefa p iWty rural) d ti0by ono to On Min Speak D•ta diount Pln eat Uri q Koval Newer Oovaiteranl Stalraa in driattest resew+ eve dad 20_ (lob if A S•fit-u,4 �P. �� 11Lfe rye eq•weal faorla Planning Commission Certification The "In caddy eat the Weld Canty IMarring Cw nseelal hoe mated and daa inn" ACCenr maul b M Bowl OF Carly riionrom ors .Vat Co FIN, Caaado, to, e!r�p2,Inn•Oun •I end rdopLLv,,Ars Sae Stank Dw•aoprmM P al a4 Las by :loran Rrwee� a Dhow.ill d rvaWrO taro., tt'I L= day d1 - 20111 Apra• f Prat Name Oak, Weld GpaNy P4trae10 Carmnesuv" Board of County Commissioners Certrffcabon Tre w lo cony that M. Bond d Corey Cannon' Wad Cauti, Ceara 00.0 tni eby swan ace adopt� �aNt•e� S44a Stalk On•otA.A pW ond aa' the my % f mle 4e e aOocomora !• 4014,1.11 and Inaba ream br V bee d AMC GYj 20 . irJ4a4 c3eY, sow of ATTEBT J/ rr. &Yes;a Wad Carty tars M yI. 90•rd LaP•M 1ys r flora rAera3-� ka m� r. • W t N I a W O O^ ceI.L (J ,O O w O L.L. U J /W � (1y) t1! D W O W U CC Q W O COVER & INDEX Sheet CO1 1 of 3 5018008 Pages: 14 of 15 03/24/2025 11:05 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County , CO t , I 1 III USE BY SPECIAL REVIEW, USR17-0067 For Self -Storage, Parcel 14693430000.1, Weld County, CO, 80524 JCr�:E�t KG'BER? L SE:7ZE1=. FA,.A.,Ly .N.` `,_ I i r 1 • �\N,\` \• 1 A, • 1B RESERVED ISOHT•OF• WAY RECLM0E0EXWAMICN NO 1467.14-34e IVO H¢n i %IMP 1 I i I a i Y GINNER: ROBERT L. SELTZER FAMILY TRUST i a I I t SAM Le OAF AORWSWIT REG NO WOOS ROOD CREEK WATER) AW FUTURE RYZWYOFWAY OO RIGHT OF WAY MK 10 PO 2901 r EAR_ I NI; PARCE 10LINDk, .. i W Pet.. a i MINTON MEMO / CONCRETE T1VCC ` \ r \• • / \ \ / / \ \ i \ \'° / \ / \ // ♦_ / PROPOSED WATER UNE I _t�J �. • PROPOSED ASPHALT ACCESS DONE M 7 GRAMS SHOULDER UP E ABOUT B OASIS MONUMENT SON MAX FACE WIS AO SCL fT ttvurFp } tsM — J' DOUBLE CEN ERLIE YELLOW-a'RIDE, EN ROW PROPOSED STOP SON x / ' /' / i / / / / `re, l MAIL NM / \ • n / i �° / / / , \ _ ��eMwleMDr / / oYFRFtow / ...n / / ' / / / / / .-./ 4 ---see./ / F / / i / N w s t{7 / / / / / / / / / / / / / / . . / / I / 1 RR wasiTtlia 1 1 k PROPOSED PARORO AREA S - STANDARD t • VAN MXIESEIE NO► 11W WAT ERMINE sEASEMENT ST OAY CULVERT ACCESS LOCATION / / ' ' // / / •--- /TORN GRAIL♦ A C HANNE IZAT10N USN MTE, Y TINE W FV .0y r� CONCRETE TIROL' DNHwn TOP 0f POND Sly STOTMWATER DETENTIONNN, �\ NO -BUILD OR STORAGE AREA. WOCV REO = 13 245 AC -FT DETENTION REO = 1 71 AC -FT ST CAI ORAN Pet. TYPICAL PROPOSED NSAK AI 1P/ AH- 70P WITH KNOX sox rOR /GATE INE APPARATUS ACCESS 1 i n D la; I a T IIMNO • ORIEL•• M x IE k rft- 4 eP m - Viy - m - - y'- - fay' 0'X -ANUS IYP I STORAGE AREA 3.83 ACRES (186.635 SO F T ) i - —7— --M RA* - 1 STOMA OMAN S 1 i - — «r 1 ` 5I . PL ,LYNN tv T- Y 4 4 - - cz - M +^1 ti WAIT II MANE :* i ]O 215 I me -21' 7a TF I i I 0�TAINEATTI 17AIKMTRR'/ I I a 1 X� r I _ TANK BATTERY 1 I I I I a I I / PROPOSED AtiAS4N SPEENTOP GATE VAIN NAIDA SOOT FOR FIRE APPARATUS MESS 1.."'";— I 40 mai I I i -- VIII NOM OF BRAY AMMEMDIT RO. WSW' r E7WOW OP MAY ARMENIA LEG NG SOS i I 1 I PROPOSED FIRE PROSE iZT:.. I I I MOATS MR I* MI UFA FEId-ay. .a. tar FOR DIERGINCE VENT CLE ACCESS �— I I MMOOI&OA:. ACr!lSROAD JD1TOMISFOMHyI S MORK IETER ME SETT SOW MfJt11fi MENEM SAM° SON. MAX FACE St2E 40 IQ FT ItE L E4 NI T I �IS'WATER METER PIT. aurvica Ptii�ie a �NOCK OWNER: SELTZER FARMS, INC 1 w 40.#4. I K' SE'T1ACA FROtI LAM HIE NT i I I I f a i L ' 1 i i WCR 2 (E. 168TH AVE.) SNP FROM OL AM OAS RQ1D TO ORMIIINv AMES aa EX sr OAP CLEvERT; EAST NO NOT LOCATED CMLAMS • EMB RIERCY BERM Access LOCATION OWNER. ROBERT SELTZER FAMILY TRUST ( 4474130 Foams 2 of 3 01.10,2619 H .16 PFI F Fr Ili N IIn IMI1IIN IlAlltNi 'J%VM i)14IH VK AAWA 'VCS 0 60 IOC isot-c • ( w FEET ) I EWA - 00 IL SYMBOL LEGEND Q CONTROL POINT tt _ . O C POUND BECTI01/ CORNER mac PROPERTY MONUMENT SET PROPERTYMONMBIT GA OWOABIIYF.11 XX FM HYDRANT A WATER VALVE e H2DRIBER ,G] CASLEPEDESTAL Q TELEPHONE PEDESTAL YO., UTILITY POLE ® GAS MARKER 0 TESTICLE 6UYYYIRE ig lurem i.OUTLET O L2ETREE LINE LEGEND X- -•-CR/ SECTION UI E EASEMENT LNE RIGHT OF WAY RACE BURIED CABLE BURIED ELECTRIC BURIED GAS WATER DINE BURIED TELEPHONE OVERHEAD ELEC oo- DUSTING EDGE OF ASPHALT PROPOSED IRXE OF ABPIALT F. FTC PROPOSED SEM/ DRAM PROPOSED STORM DRAW Oar - _ _ _ EDGE °FORAM. .,+ PROPOSED DRAINAGE DIRECTION • PROPOSED TRAFFIC CMQILATION PROPOSED ARP -A OF ASPHALT PROPOSED AREA OF CONCRETE PROPOSED INDOOR STORAGE EXISTING SITE USAGE SUMMARY so TT acRES PERCENTAGE BUILDINGS 0 0.00 0 071 PAVED AREA 0 GOO 0 0% GRAVEL 28.464 OM 63% LANDSCAPE:OPEN SPACE 473,006 10.37 94 7% GROSS PARCEL SL7 600,00E 1146 100 a PROPOSED SITE USAGE SUMMARY SO FT ACRES PERCENTAGE BUILDINGS 60.060 134 Mt% PAVED AREA 111,749 267 22 3% GRAVEL 00 013 1 30 t2 0% LANDDCAPE/O►EN SPACE MUST ! TO 411.4% GROSS PARCEL SEE MASS 1140 ICC 0% NOTES- NO UOIIT040 EXISTS PTA 3LN TLY ON THE SITE. PROPOSED LKA (I iii. SHALL BE SUPPLIED BY WALLMOUNTED LIGHT FIXTURES TIE Wli NMI SEEN C1ASSWIED W N TNE'ATLAS OF SAC. OMANI.. AND OuN RY AOGAIGATE RESOURCES OC ONADO FRONT RANGE AS A PROBABLE AO AEOAT[ RESCXAC 7 1-011 DRANO DEPOWT'4 TILE IftC6 RATES M 617E AS A POOR SOURCE FOR SAND NO GRAVEL NC A f AN SOURCE NOR AOAIF/LL RECLAMATION MATERIAL AND TOPSOIL 2. WIELD COUNTY ROAD is Ft NOT QIC2AN CN "TM IIAP, But MAU. IRA AMON RtCr1T AF -WAY WIGM OF I4) FEET AT FULL BIXLDOUT 110 FEET O/ EACH SIDS OF ME SECTION tai i ♦ A RESIOEN DAL -Stall TRASH RECEiRACAE 1SbMLLOW W41 SE P ACI - [UT610L THE Off ICE ORE OAT PER WEN FOFt WED6.aT PGA tit 5 SEE THE 4MOSCAPE PUN FOR IANDOCAPIG MD SCRIBING u U m In a 1 sat ok USR17-0067 SITE MAP 5018008 Pages: 15 of 15 03/24/2025 11:05 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder; Weld County , CO i� III�I i F R , 1 4714 .', li '111 - Brighton Fire Trick Overall Length Overall Width Overall Body Height Min Body Ground Ctearance Track Width Lock -to -lock tome Max Steenng Angle (VirtualI USE BY SPECIAL REVIEW, USR17-0067 For Self -Storage, Parcel 146934300001, Weld County, CO, 80524 46.830ft 8 170ft 7 715ft 0.627ft 8 000ft 5.00s 40.00• e NORTH bJ D 50 100 tSOFe•t t.�. 7 i ( IN FEET ) i Inch = S0 n. \/ x-' / / / / / / // / I ti r r ru aw 1 I 1 FIRE TRUCK TURNING MOVEMENTS r 4474130 P•D•S: 3 0/ .1 47/,trH;D O+. 35 On R F•. 1133 N 1111191ItuNriJ4a41,40i'OIDIV rctlIS Li al CENTER ON 2 la POSTS 72 [ Ii„i �•+.- 3 TIC SPACE N 7A' O.CI 4.1 1 - nfir1lfififill, i �nt11 I 1 5 3r L s OPRONK 3RD aware se 4 � U UUUUUUUUUUUU 1' t 1' x 08P PICKET 1 S. it 1 s CHANNEL .071- TOPWALL ippr 91t7EWALL ALUMINUM FENCE SUPPLY ORNAMENTAL ALWMIY FENCING aA• tt Sue rciurnBY.lG1RSO N Gaon WORM - ttcor •n O.tO o - tM.wrnw 44607233 Sole Rs A NOTE: FENCE IS SHOW FOR ILLUSTRATIVE PURPOSES ONLY: ACTUAL FENCE WILL BE DETERMINED AT TIME OF CONSTRUCTION AND MAY VARY SLIGHTLY. u 0 Z CD Cer W CC W W Oe Z CDC; ZW Z t# i n Lar c� z r to b l m u� gel -4 u Y �W O VO Qgrz Q CC Op WO W 'U_ U -� of Z W 00 O f U 1- w O� Sheet D1 I, _ 3 of 3 WHEN RECORDED, RETURN TO Public Storage Operating Company c/o Real Estate Legal Department [PS 29308] 701 Western Avenue Glendale, California 91201 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of the day of February, 2025 by 9191 CR, LLC, a Delaware limited liability company, whose legal address is 245 Laurel Rd , Lexington, SC 29073 (collectively, "Grantor"), in favor of Public Storage Operating Company, a Maryland real estate investment trust, whose legal address is 701 Western Avenue, Glendale, California 91201 ("Grantee") WITNESS, that Grantor, for and in consideration of Ten Dollars ($10 00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acicnowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors and assigns forever, all of its right, title and interest in and to the real property, together with improvements, hereditaments, fixtures, tenements and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, if any, situate, lying and being in the City of Brighton, County of Weld, State of Colorado, descnbed as follows (the "Property") Parcel A A parcel of land being Lot A, Lot Line Adjustment #LLA21-0033 recorded December 29, 2021 at Reception No 4789730 of the Records of Weld County and being situate within the Southwest Quarter (SW 1/4) of Section Thirty-four (34), Township One North (T 1 N ), Range Sixty-seven West (67 W) of the Sixth Principal Meridian (6th P M ), County of Weld, State of Colorado, more particularly descnbed as follows Commencing at the Southwest corner of said Section 34 and assuming the South line of the Southwest Quarter of Section 34 as bearing North 89°33'00" East, a distance of 2646 99 feet, Thence North 89°33'00" East along said South line of the Southwest Quarter of Section 34, a distance of 1163 89 feet to the Point of Beginning The following twelve (12) courses are along the Westerly, Southerly, Northerly and Easterly lines of said Lot A Thence North 00°27'00" West, a distance of 114 15 feet Thence South 89°33'00" West, a distance of 65 00 feet, Thence North 00°27'00" West, a distance of 80 00 feet, Thence North 89°47'53" East, a distance of 62 63 feet, Thence North 00°23'37" West, a distance of 373 25 feet, Thence South 89°33'00" West, a distance of 34 00 feet, Thence North 00°27'00" West, a distance of 54 00 feet, Thence North 89°33'00" East, a distance of 36 00 feet, Thence North 00°27'00" West, a distance of 216 76 feet, Thence North 89°23'19" East, a distance of 488 12 feet, Thence South 00°36'41" East, a distance of 839 26 feet, Thence South 89°33'00" West, a distance of 490 48 feet to the Point of Beginnmg Parcel B Those easement nghts as defined and described in that certain Easement Agreement recorded May 13, 2020 at Reception No 4590240, Weld County Records TO HAVE AND TO HOLD the said Property above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever Grantor, for itself, its successors and assigns, shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof by, through or under Grantor, subject only to those matters set forth on Exhibit A attached hereto (the "Permitted Exceptions") [Signature on following page] IN WITNESS WHEREOF, this Special Warranty, Deed is executed by Grantor as of the day and yea. fiist above written GRANTOR: 9191 CR, LLC, a Delaware limited liability company By• PIC Storage Fund 1,'LLC, a Wyoming limited liability company; its Manager By PIC Storage Fund Manager, LLC, a Wyoming limited liability company; its Manager By. RC t)rpts, LLB, a Wyoming limited liability company, its Manager By* Name: _Daniel Randazzo, Title Manager State ofd Ceat-6 } ,County of CLIcsLn ) foregoing instrument was acknowledged before me this 18 day of February, 2025, by Daniel Randazzo, Manage. of RC Apts, LLC a Manager of PIC Storage Fund Manager, LLC, the Manager of PIC Storage Fund I, LLC, the Manager of 9191CR, LLC. ss Witness my hand and official seal. My commission expires. Signature Pagc - Special Warranty Deed - Brighton, CO EXHIBIT A To Special Warranty Deed PERMITTED EXCEPTIONS 1 Any nghts, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No 24 -16680 -Site #001 Dated January 22, 2025, last revised January 30, 2025 Prepared by Boundary Boys, LLC coordinated by CreSurveys Matters shown a ) Wall extends into subject property b ) Sign extends into adjacent property c.) Fence lines do not coincide with property lines. 2. Taxes and assessments for the year 2025 and subsequent years, a hen, not yet due or payable 3 Rights of tenants in possession pursuant to unrecorded storage leases identified in Exhibit B to the Assignment of Leases and Approvals dehvered by 9191CR, LLC, a Delaware limited liability company, to the Insured 4. Reservations contained in the Patent From. The United States of Amenca To. Merriman Severns Recording Date December 13, 1901 Recording No.• Book 132 Page 6 Which among other things recites as follows A right of way thereon for ditches or canals constructed by the authority of the United States of Amenca The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law 5 An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein. Dated Lessor Lessee Recording Date. Recording No November 25, 1970 Robert Lee Seltzer and Rex Alden Seltzer Tom Vessels December 24, 1970 Reception No 1559467 Notice of Oil and Gas Interests and Surface Use Recording Date December 7, 2000 Recording No Reception No. 2811927 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document Granted to Panhandle Eastern Pipe Line Company, a Delaware corporation Purpose. Pipeline Easement Recording Date Apnl 14, 1975 Recording No . Reception No 1658011 7 Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document Granted to Mountain View Water Users Association Purpose Water Line Easement Recording Date July 10, 1980 Recording No. Book 2471 Page 955, Adams County Records As depicted on the Survey 8. Easement(s) for the purpose(s) shown below and nghts incidental thereto, as granted in a document. Granted to Amoco Production Company, a Delaware corporation Purpose Pipeline Easement Recording Date. June 3, 1981 Recording No Reception No. 1859566 As depicted on the Survey 9 Easement(s) for the purpose(s) shown below and nghts incidental thereto, as granted in a document Granted to Amoco Production Company, a Delaware corporation Purpose. Pipeline Easement Recording Date July 29, 1985 Recording No.. Reception No 2018836 As depicted on the Survey 10 Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document. Granted to Amoco Production Company, a Delaware corporation Purpose Pipeline Easement Recording Date. July 29, 1985 Recording No Reception No 2018837 As depicted on the Survey 11 Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document Granted to Amoco Production Company, a Delaware corporation Purpose Pipeline Easement Recording Date. October 28, 1985 Recording No Book 3066 Page 218, Adams County Records As depicted on the Survey 12 The effect of Notice of General Description of Area Served by Panhandle Eastern Pipe Line Company Concermng Underground Facilities Pursuant to CRS Sec 8-1 5- 103(1)(1981). Recording Date Recording No. June 26, 1986 Reception No 2058722 13 Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document Granted to Platte Gas Line Company Purpose Pipelines and Appurtenances Recording Date November 7, 1988 Recording No Reception No 2161156 As depicted on the Survey 14 The effect of Notice Pursuant to Sec 9-1 5-103, C R S. Concerning Underground Facilities of United Power, Inc Recording Date. Recordmg No. January 24, 1991 Reception No. 2239296 15 Mineral rights and water rights reserved by Seltzer Farms, Inc pursuant to the Warranty Deed as the nght of first refusal set forth therein has expired by its terms Recording Date Apn16, 1994 Recording No Reception No 2382199 16 Easements and notes as shown on the plat of Recorded Exemption No 1489-34-3 RE - 4482 Recording Date. April 5, 2007 Recording No Reception No 3467042 As depicted on the Survey 17. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document. Granted to Todd Creek Village Metropolitan District Purpose Pipelme(s) and Appurtenances Recording Date October 31, 2017 Recording No Reception No 4348566 As depicted on the Survey 18. Terms, conditions, provisions, agreements and obhgations contained in the Improvements & Road Maintenance According to Policy Regarding Collateral for Improvements as set forth below Recording Date. Recording No February 14, 2019 Reception No 4466979 19. The effect of Use by Special Review, USR17-0067 (Map) Recording Date. March 19, 2019 Recording No Reception No 4474130 Land Survey Plat Recording Date: January 12, 2021 Recording No Reception No 46760231 Partial Vacation of USR17-0067 Recording Date, January 25, 2024 Recording No Reception No 4941385 Resolution Recording Date Recording No March 13, 2024 Reception No 4949086 20 Terms and conditions set forth in Easement Agreement Granted to Purpose Recording Date Recording No.. Fortress Self Storage LLC, a Colorado limited hability company Gas, Electric, Water, Phone and Cable Lines, Pipes and Appurtenances May 13, 2020 Reception No 4590240 21 Easements and notes as shown on the plat of Subdivision Exemption No 1469-34-3 SUBX1 B-0038 Recording Date Recording No May 13, 2020 Reception No 4590241 22. Terms, conditions, provisions, agreements and obligations contained in the Mineral Deed as set forth below Recording Date Recordmg No March 10, 2021 Reception No 4691049 Special Mineral Warranty Deed Recording Date January 13, 2023 Recording No Reception No 4876896 Special Warranty Deed Recording Date January 13, 2023 Recording No Reception No 4876898 Corrective Special Mineral Warranty Deed Recordmg Date November 14, 2023 Recording No Reception No 4930728 Personal Representative's Deed Recording Date. July 24, 2024 Recording No Reception No 4972935 Bargain and Sale Deed (Minerals): Recording Date. Recording No . Recordmg No Recording No Recording No December 10, 2024 Reception No 4999100 And Reception No 4999205 And Reception No 4999206 And Reception No 4999207 Bargain and Sale Deed Recording Date. January 10, 2025 Recording No Reception No 5005257 23 Easements and notes as shown on the plat of Lot Line Adjustment #LLA21-0033 Recording Date December 29, 2021 Recording No Reception No 4789730 As depleted on the Survey 24 Terms, conditions, provisions, agreements and obligations contained m the Memorandum of Water Supply Agreement as set forth below Recording Date April 4, 2022 Recording No Reception No 4815493 25 Any oil, gas and other minerals as reserved in Quitclaim Deed recorded February 20, 2025 at Reception No 5012181 Contract Form Entity Information Entity Name* Entity ID* PUBLIC STORAGE OPERATING @00049623 COMPANY Contract Name* IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT PUBLIC STORAGE OPERATING COMPANY USR1 7-0067 Contract Status CTB REVIEW Q New Entity? Contract ID 9174 Contract Lead* JTRU.JILLOMARTINEZ Contract Lead Email jtrujil Iomartinezgweld.go v Parent Contract ID Requires Board Approval YES Department Project # Contract Description* IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT PUBLIC STORAGE OPERATING COMPANY USRI 7-0067 NO COLLATERAL REQUIRED Contract Description 2 Contract Type* Department AGREEMENT PLANNING Amount* $0.00 Renewable* NO Automatic Renewal Grant IGA Department Email CM-Planning@weld.gov Department Head Email CM-Planning- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYPWEL D.GOV Requested BOCC Agenda Date* 03/12/2025 Due Date 03/08;2025 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 Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head DAWN ANDERSON DH Approved Date 03/04/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date Review Date* 03/12/2026 Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PATTELLI Renewal Date Expiration Date* 03/12/2027 Contact Phone 1 Purchasing Approved Date Finance Approved Date 03/04/2025 Tyler Ref # 031 725 Legal Counsel BYRON HOWELL Contact Phone 2 Legal Counsel Approved Date 03/04/2025 Originator )TRWILLOMARTINEZ Hello