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HomeMy WebLinkAbout20252562.tiffResolution Approve Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements, Authorize Chair to Sign, and Accept Collateral for Access Permit, AP25-00045 — Raptor Materials, LLC 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 the September 4, 2025, the Department of Planning Services conditionally approved the application of Raptor Materials, LLC, 8120 Gage Street, Frederick, Colorado 80516, for an Access Permit, AP25-00045, to utilize a new access point onto County Road 396; approximately 7,520 feet east of County Road 27.5 (Two Rivers Parkway), and Whereas, the Board of County Commissioners has been presented with 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 Raptor Materials, LLC, with further terms and conditions being as stated in said agreement, and Whereas, the Board has been presented with project collateral procured in the form of License or Permit Bond #022242092, issued by Liberty Mutual Insurance Company, in the amount of $2,030,807.50, and Whereas, after review, the Board deems it advisable to approve said agreement and accept said License or Permit 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Raptor Materials, LLC, be, and hereby is, approved. Be it further resolved by the Board that project collateral in the form of License or Permit Bond #022242092, issued by the Liberty Mutual Insurance Company, P.O. Box 34526, Seattle Washington 98124, in the amount of $2,030,807.50, be, and hereby is, accepted. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said agreement. 5055346 Pages: 1 of 2 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 !KIM IV 4A.6:l4 LUti Pi411111 CC:pL(D5/MtJ/DA/s'rh/nA/KR) 2025-2562 li /13 /2.5 EG0077 Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements, and Collateral for Access Permit, AP25-00045 — Raptor Materials, LLC Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 15th day of September, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Excused Lynette Peppler: Aye Kevin D. Ross: Excused Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5055346 Pages: 2 of 2 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIII 11111 2025-2562 EG0077 Conhva c# t 1 (311 3 MEMORANDUM TO: Clerk to the Board DATE: September 4, 2025 FROM: Jazmyn Trujillo -Martinez, Planning Services Dept. SUBJECT: BOCC Agenda Item — Approve Off -Site Improvements and Road Maintenance Agreement For: Raptor Materials LLC — AP25-00045 — OFFSIA25-0001 Request to Approve Improvements and Road Maintenance Agreement: The Department of Planning Services received a request from the applicant, Raptor Materials LLC, requesting that the Board of County Commissioners consider approving the Off -Site Improvements and Road Maintenance Agreement for (AP25-00045). Project Collateral in the amount of $2,030,807.50 is required to be held. Collateral has been provided in the form of Bond No. 022242092 issued by Liberty Mutual Insurance Company, P.O. Box 34526, Seattle, Washington 98124. 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 Access Permit, as issued by the Department of Planning Services. Recommendation: 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 for AP25-00045, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. cc: Dawn Anderson, Planning Services 2025-2562 c1A5 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Raptor Materials LLC — AP25-00045 ckb THIS AGREEMENT is made this 1 J day of k , 2025, by and between Raptor Materials LLC, a limited liability company organized under the laws of the State of Delaware, whose address is 8120 Gage Street, Frederick, Colorado 80516, 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 City of Evans in the County of Weld, State of Colorado: Parcel 1: The W1/2 of the NW1/4 /4 and the NE1/4 /4 of the NW1/4 /4 of Section 3, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, and Parcel 2: The NE1/4 of Section 4, Township 4 North, Range 66 West of the 6th P.M., Weld Courtly, Colorado, and Parcel 3: The St/2 of the SE1/4 /4 of Section 33, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, and Parcel 4: All that part of the W 1/2 of the SW 1/4 lying south of the south right of way of County Road 378 (aka W. 54th St Rd), in Section 34, Township 5 North, Range 66 West of the P.M., Weld County, Colorado, Except that portion as conveyed by deed recorded February 1, 1983 at Reception No. 1916171, as shown on Improvement Survey recorded October 26, 2005 at Reception No. 3334443 and more particularly described as follows: A tract of land located in the West One -Half Southwest One -Quarter (Wt/25W1/4) of Section Thirty -Four (34), Township Five (5) North, Range Sixty -Six (66) West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as: Considering the North line of the Southwest One -Quarter (SW1/4) of said Section Thirty -Four (34) to bear South 88°54'53" East, and all bearings contained herein being relative thereto: Beginning at a point whence the South One -Sixteenth (S1/16) Corner of said Section Thirty -Four (34) and Section Thirty -Three (33), Township Five (5) North, Range Sixty -Six (66) West of the 6th Principal Meridian bears South 06°37'18" West, 231.18 feet; thence along the easterly right- of-way line of Weld County Road 31, South 01°28'06" East, 211.06 feet; West, 231.18 feet; thence along the easterly right-of-way line of Weld County Road 31, South 01°28'06" East, 211.06 feet; 06" East, 211.06 feet; thence South 51°27'53" East, 726.25 feet; thence leaving said easterly Raptor Materials LLC — AP25 —00045 - OFFSIA25 -0001 Page t of 26 5055347 Pages: 1 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 PrdI ku JImile ti`tyig Kith hill. WA 101 right-of-way line of Weld County 53" East, 726.25 feet; thence leaving said easterly right-of-way line of Weld County East, 726.25 feet; thence leaving said easterly right-of-way line of Weld County Road 31, North 52°25'34" East, 228.87 feet; 34" East, 228.87 feet; East, 228.87 feet; thence, North 83°53'53" East 379.90 feet; thence, North 67°49'01" East, 174.21 feet; thence, North 84°46'00" East, 458.30 feet; East 379.90 feet; thence, North 67°49'01" East, 174.21 feet; thence, North 84°46'00" East, 458.30 feet; 01" East, 174.21 feet; thence, North 84°46'00" East, 458.30 feet; 00" East, 458.30 feet; thence, (LI) South 87°53'13" East, 66.99 feet; thence, (L2) South 75°20'24" East, 80.92 feet; thence, (L3) South 66°35'08" East 92.30 feet 13" East, 66.99 feet; thence, (L2) South 75°20'24" East, 80.92 feet; thence, (L3) South 66°35'08" East 92.30 feet 24" East, 80.92 feet; thence, (L3) South 66°35'08" East 92.30 feet 08" East 92.30 feet to a point on the east line of the West One -Half Southwest One - Quarter (WI /2SW 1/4) of said Section Thirty -Four (34); thence along said east line of the West One -Half Southwest One -Quarter (W1/2SW1/4) of said Section Thirty -Four (34), North 02°26'26" West, 943.31 feet to West, 943.31 feet to the southeasterly right-of-way of Weld County Road 378; thence, leaving said east line of the West One -Half Southwest One -Quarter (W1/2SW1/4) of said Section Thirty -Four (34) and along said southeasterly right-of-way of Weld County Road 378, South 78°32'37" West, 54.05 feet; West, 54.05 feet; thence, South 80°31'42" West, 1347.02 feet to the Point of Beginning.42" West, 1347.02 feet to the Point of Beginning. West, 1347.02 feet to the Point of Beginning hereinafter referred to as "the Property," and WHEREAS, Property Owner has received the City of Evans approval of the Raptor Materials LLC Aggregate Mine Site Plan, recorded at Reception No. 4957181 in the real property records of Weld County (the "Site Plan"), and WHEREAS, Property Owners land use permit will generate an increase in traffic, and WHEREAS, the existing County Roads that serve the land use site will require up -front off -site improvements and increased road maintenance due to the increase in traffic, and WHEREAS, Property Owner acknowledges that the final approval of ACCESS PERMIT NUMBER is conditional upon Property Owner's funding and 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 A-2 — Future Off -Site Improvements Costs of Construction, to be attached if/when triggered pursuant to Part I.C below, Exhibit B-1 — Off -Site Construction Schedule, Exhibit B-2 — Future Off -Site Improvements Construction Schedule, to be attached if/when triggered pursuant to Part I.C below, Exhibit C — Construction Plans, Exhibit D-1 — Temporary Signage & Striping Plan, Exhibit D-2 — Costs of Construction for Temporary Safety Improvements, Exhibit E — Camera Monitoring Proposal, and 5055347 Pages: 2 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Raptor Materials LLL — AP25 —00045 — OFFSIA25 —0001 ge 2 of 26 Ell tAnki J Jl :NkllUr P iV Iiii:Afl'A 1I II WHEREAS, Property Owner acknowledges they may not operate as described in the Site Plan until said improvements have been completed and accepted by County, and WHEREAS, Weld County and the City of Evans require that the Property Owner must enter into an improvements and road maintenance agreement with the County for the use of the county roads maintained by the County in support of an access permit application and as part of certain haul routes for the Site Plan, and WHEREAS, the parties agree that the Property Owner shall provide collateral for off -site improvements as required by this Agreement when the Board of County Commissioners approves this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant, and agree as follows: Part I. Site Specific Provisions A. Off -Site Improvements: The Property Owner shall be responsible for the construction of certain off -site safety improvements, which may include, but are not limited to: construction of adequate turning radii of sixty-five (65) feet minimum 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 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. 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 revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent County Road. Additional Off -Site Improvements to be constructed by Property Owner prior to use of the haul route at over 50% capacity or beyond 18 months after execution of this Agreement and accepted by the County in its reasonable discretion are: 1) Property Owner shall design and construct a paved roadway along County Road 396, providing all construction materials and meeting the Rural Local Cross Section specifications per the Weld County Engineering and Construction Criteria and CDOT specifications for Road and Bridge Construction. The curves along County Road 396 shall be widened to accommodate two large trucks safely passing one another at the same time. 2) Property Owner shall design and construct a northbound right deceleration/turn lane on Two Rivers Parkway onto County Road 396, matching the Two Rivers Parkway Cross Section. Cross Section of base and pavement shall be structurally sufficient to handle the increase of truck traffic frorn the development and reduce rutting over time. Property Owner shall provide all construction materials and meet the Weld County Code specifications and CDOT specifications for Road and Bridge Construction. 3) Property Owner shall design and construct a southbound left deceleration/ turn lane on Two Rivers Parkway onto County Road 396, matching the Two Rivers Parkway Cross Section. Cross Section of base and pavement shall be structurally Raptor Materials LLL — AP25—UUU45— ut•PSIA25-00001 Page 3 of 26 5055347 Pages: 3 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII rllrKMIVVIKCEIIMI W, �� IW lkd Bill sufficient to handle the increase of truck traffic from the development and reduce rutting over time. Property Owner shall provide all construction materials and meet the Weld County Code specifications and CDOT specifications for Road and Bridge Construction. 4) Property Owner shall design and construct a northbound right acceleration/ turn lane on Two Rivers Parkway from County Road 396, matching the Two Rivers Parkway Cross Section. Cross Section of base and pavement shall be structurally sufficient to handle the increase of truck traffic from the development and reduce rutting over time. Property Owner shall provide all construction materials and meet the Weld County Code specifications and CDOT specifications for Road and Bridge Construction. 5) Property Owner shall design and construct a southbound left acceleration/ turn lane on Two Rivers Parkway from County Road 396, matching the Two Rivers Parkway Cross Section. Cross Section of base and pavement shall be structurally sufficient to handle the increase of truck traffic from the development and reduce rutting over time. Property Owner shall provide all construction materials and meet the Weld County Code specifications and CDOT specifications for Road and Bridge Construction. 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, acquisition of ROW, dedication of ROW, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected itrigation 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. County shall be responsible for maintenance of all off -site improvements, except as otherwise set forth in Part I.E below. 2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) identified as Exhibit A-1 shall be attached to this Agreement after the County reviews and approves the final design plans for the off -site improvements. The Property Owner shall 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 (indicating the construction schedule for off - site improvements, including an anticipated completion date), shall be provided by the Property Owner and attached to this Agreement after the County reviews and approves the final design plans for the off -site improvements. Property Owner shall not commence construction of any improvements or receive any permitting prior to approval of this Agreement. Exhibit C (indicating the receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable) shall be provided by the Property Owner and attached to this Agreement after the County approves the final design plans for the off -site improvements. Property Owner shall substantially complete all improvements in accordance with Exhibit B-1 in order to request the warranty period begin. In the event Raptor Materials LLC — AP25 —00045 — OFFSIA 25 —0001 "-Re4of26 5055347 Pages: 4 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 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 II.B.3.2(c), of this Agreement. Property Owner shall also provide an electronic copy of the as -built drawings. The as -built drawings shall follow the requirements per CDOT for as -built plans and be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. B. 50% Operational Off -Site Safety Improvements: 1.0 Prior to completing the required Off -Site Improvements listed in Part I.A of this Agreement and during the Temporary Use Period, Property Owner may utilize the Haul Route at 50% operational capacity if certain safety improvements are made and maintained during the limited operational period. 2.0 Temporary Safety Improvements. Prior to operating at 50% operational capacity, Property Owner shall complete, and the County shall accept the following safety improvements (the "Temporary Safety Improvements"): (a) In the existing right-of-way, apply 8 inches of reclaimed asphalt pavement (RAP) with Base Bind X on Weld County Road 396 between Two Rivers Parkway and City of Evans maintained portion of County 396 and stripe the lanes around the curves of County Road 396 (b) At the intersection of County Road 396 and Two Rivers Parkway, a right - in, right -out will be created and maintained via signage and lane striping, as depicted on Exhibit D-1. All signage must meet Manual on Uniform Traffic Control Devices (MUTCD) standards. The estimated costs of construction for the Temporary Safety Improvements are attached hereto as Exhibit D-2. 3.0 Length of Temporary Use. Property Owner may utilize the Haul Route at 50% operational capacity for no mature than 18 months from the date this Agreement is fully executed by both Parties (the "Temporary Use Period"). 4.0 Temporary Maintenance. During the use of the Haul Route at 50% operational capacity, Property Owner shall be responsible for maintenance including snow and ice removal and such other winter maintenance activities as necessary to ensure adequate clearing on County Road 396. Property Owner must first obtain proper permits from Weld County, including but not limited to, a Right -of -Way use permit and Floodplain permit and comply with the terms of the permits, at a minimum, for the duration of the temporary use. 5.0 Documentation/Tracking. During the Temporary Use Period, Property Owner shall submit weekly truck tickets to ensure compliance with the haul route use at 50 percent capacity Raptor Materials LLC — AP25-00545 - OFrS1A25 —0001 °age 5 of 26 5055347 Pages: 5 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII AM' I lin (*Ckir HUM PrilkJ lli 1I II and cause a traffic video camera to be deployed at the intersection of CR 396 and Two Rivers Parkway (CR 27 'Va) to monitor compliance with the right-in/right-out traffic condition constructed pursuant to the forgoing Part B, Section 2(b), as set forth in the proposal attached hereto as Exhibit E (the "Camera Monitoring"). As part of the Camera Monitoring, Property Owner shall provide Weld County with a weekly report detailing any violations of the right-in/right-out traffic condition. Property Owner shall provide one (1) written warning to any driver coining from the Property that is observed by the Camera Monitoring as failing to comply wills the right-in/right-out traffic condition (a "Non - Compliance") for the first such Non -Compliance and, if a second Non -Compliance is observed by the Camera Monitoring, then the Property Owner shall prohibit such driver from accessing the Property in the future. Weld County shall allow Property Owner to use such portion of the road right of way in compliance with a right of way permit, as is necessary in order to conduct the Camera Monitoring. 6.0 Compliance for 50% Operation Option. C. (a) Weld County may revoke or suspend this temporary use described in Part I.B in order to protect the public health, safety, welfare and safe function of Weld County roads. If Weld County determines that the Property Owner is in breach of a term or condition of this Part I.B, the County shall notify the Property Owner of its breach by written notice, and Property Owner must respond to remedy the breach within 72 hours of the delivery of such notice. The notice shall state that continued violations may be cause not just for temporary suspension but for complete revocation of the temporary use (operation at 50%) if the violation is continuous or egregious in nature as determine solely by the County. (b) Penalties. If Property Owner fails to cure a breach by exceeding the amount of allowed traffic (over 50% operation) or by operating beyond the Temporary Use Period, the Property Owner shall be required to stop all operations until required improvements for full operation are completed pursuant hereto. Future Off -Site Improvements: 1.0 Traffic Triggers. When the traffic associated with the Access 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. (a) Property Owner shall be required to design, obtain right-of-way, relocate utilities, and construct said auxiliary lanes into their site 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 County Road 396 whenever traffic exceeds 10 vehicles per hour (VPH) turning left into the Property for an average daily peak hour. Raptor Materials LLC — AP25-00045 — OFFStA25-0001 5055347 Pages: 6 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 'ge6of26 ���� RIFJPI 4MG ChhIMLOICriiVIUErhi E14r Y4rh 111111 5055347 Pages: 7 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Property Owner shall design and construct a right deceleration/turn lane on County Road 396 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 County Road 396 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 County Road 396 whenever such a lane would be necessary for the safety and operation of the roadway. The County, in its reasonable 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 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 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. County shall be responsible for maintenance of all off -site improvements, except as otherwise set forth in Part I.E below. 3.0 Cost of Construction Exhibit. When any trigger described in Part I.C.1.0 is met, the Property Owner shall submit Exhibit A-2 within six (6) months of being notified regarding the need for the triggered improvements, indicating 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. 4.0 Construction Schedule Exhibit. When any trigger described in Part I.C.1.0 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 such Exhibit B-2. 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 fast 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 construction 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. 5.0 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. Raptor Materials LLC — AP2S —00045 — OFFSIA25 —0001 ".•ge 7 of 26 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 improvements as described in Part II.B.3.2(c) 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. D. 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 routes for the Property: 1.1 At 50% Operation: (a) Right -in, Right -out on Two Rivers Parkway between County Road 396 and County Road 54; and (b) Northeast and southwest on County Road 396 between Two Rivers Parkway and Evans maintained portion of County Road 396. 1.2 At 100% Operation: (a) North and south on Two Rivers Parkway between Highway 60 and County Road 54; and (b) Northeast and southwest on County Road 396 between Two River Parkway and Evans maintained portion of County Road 396. 2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 396 and travel northeast and southwest to the nearest paved road for further dispersal. Any County roads used by ACCESS PERMIT NUMBER 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 shall authorize the County to change the hauUtravel 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 Raptor Materials LLL — AI'25-00041 —. Ut t•SIA25-0001 5055347 Pages: 8 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ■III FAME ‘54461 .0:54 AWN& Irk W UI II 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. E. Maintenance Requirements: 1.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust control on unpaved designated haul/travel mutes 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 mutes 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. 2.0 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 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 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. 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. Raptor Materials LLC - AP25—00045- OFFSIA25-0001 "-Re 9 of 26 5055347 Pages: 9 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO liii N,F.rCAU !VI Kill R wdi0herrhi hAt i.ki Ill II 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 fmal 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 fmal 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 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 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. 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 Raptor Materials LLC — Page 10 of 26 5055347 Pages: 10 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ���� IPM PiiiI• INIti k III II 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 the 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. 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 Courtly. At all times during said construction, the County shall have the right to test and inspect material and work in accordance with guidance and standards set forth in regulation and/or materials promulgated by Weld County, CDOT, and/or ASTM, 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 off -site improvements shall confonn 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 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 are governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements identified in the exhibits. Collateral in an amount equal to 125% of the estimated value of the Temporary Safety Improvements (the "Estimated Project Collateral"), as set forth in Exhibit D-2, must be submitted at the time of execution of this Agreement. Property Owner shall, within ten (10) business days after receiving final, written approval from the County of the final design plants for Raptor Materials LLC - AP25-00045 - OFFSIA25-0001 n�R> 11 of 26 5055347 Pages: 11 of 39 09/25/2025 10:29 AM R Fee:$0.00 Car1Y Koppes, Clerk and Recorder, Weld County , CO 1111 lei III 1I III the off -site improvements, submit additional collateral in an amount equal to the difference between the Estimated Project Collateral and 125% of the estimated value of the off -site improvements, as set forth in Exhibit A-1 (the "Additional Collateral"). The Estimated Project Collateral and Additional Collateral shall be collectively referred to herein as "Project Collateral"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 THE ESTIMATED 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. Watranty 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. 3.0 Release of Collateral. Collateral shall be released in accordance with Sections 8-2-30 of the Weld County Code. For collateral release, County personnel conducts inspections for on -site and off -site improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by this Agreement after initial approval by the County. Watranty 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: (a) 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. (b) 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. Raptor Materia:s LLC — AP25 —00045 OFFSIA25 —0001 — •12of26 5055347 Pages: 12 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO iv IOrdlinIAIIIIIOVIDI41AIglik 1101 C. (c) "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 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. Acceptance of Improvements: 1.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact the Weld County Development Review Team 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 Planning Services a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built" drawings as required in Part II.B.3.2(c), above, and shall request County inspection of the 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 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 Raptor Materials LLC - AP25-00045- OFFSIA25-0001 "--'e t3 of 26 5055347 Pages: 13 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIIIHIVIPILIMINEARDIII 5055347 Pages: 14 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ■��� IIMMIPUliklfriOnillYI wHAMM111111 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. 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 shall occur without said ROW permit. 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 and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner. 4.0 Flood Permits. Per Article XI of Chapter 23 of the Weld County Code, any work occurring within a floodplain or floodway requires a Floodplain Development Permit issued by the Department of Planning Services. No work shall occur without said Floodplain Development Permit. 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 thirty (30) days from the date notice is received within which to either cure the violation or demonstrate compliance. If, after thirty (30) 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 Raptor Materials LLC - AP25-00045 - OFFS[A25-0001 ;e 14of26 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 Access Permit. Property Owner acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the Access Permit, and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code, after providing Property Owner the opportunity to cure any violation in accordance with Part II.E.I.0 above. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Property Owner's complete cessation of all activities permitted by the land use permit including any clean up or restoration required. A partial cessation of activities shall not constitute a termination of this Agreement, nor shall City of Evans 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 and City of Evans, cessation shall only be presumed if the County and City of Evans determines that the land use permit has been inactive for three (3) years. Property Owner shall not be entitled to a release of Project Collateral or Warranty Collateral unless and until the improvements required by this Agreement are completed. 3.2 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 land use permit and access permit and intends to make use of the rights and privileges available to it through the then existing land use permit and access permit. 3.3 Revocation of Access Permit. This Agreement shall terminate following County's revocation of Property Owner's Access Permit, except that the Property Owner shall only be released from this Agreement after the successful completion of all improvements required under this Agreement, which maybe 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. Raptor Materials LLC -- AP25-00045 -- OFFSIA25-0001 carte 15 of 26 5055347 Pages: 15 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO WPC% WIWI 11014411 edfliYlrrh 11111 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 pasties 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 pasties 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. Raptor Materials LLC - rAP25-00045 - OFFSIA25-0001 16 of 26 5055347 Pages: 16 of 39 09/25/2025 10:29 AM R Foe:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 II II 9.0 Release of Liability. To the extent the County is not immune or protected as a matter of law under the Colorado Governmental Immunity Act, C.R.S §§ 24-10-101, et seq., as amended from time to time, 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 Part II.F.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 wan•ants 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 teen 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. Signature page follows. Raptor Materials LLC _. AP25-00045 — OFFS[A25-0001 Page 17 of 26 5055347 Pages: 17 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO I' Ill 11111 PROPER OWNE • Raptor Materials LLC By: Date Name: RD 4k l u't" Kr4r u.' Title: 0.4 e' EirowhAvis STATE OF COLORADO SS. County of Weld The foregoing instrument was acknowledged before me this 22day of kS 2abGe!- 2025, by I0.4 w, as Vroy OpertnskSof Raptor Materials LLC, a Delaware limited liability company. WITNESS my an NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044035571 MY COMMISSION EXPIRES OCTOBER 0&2078 rli ry Public --41" WELD COUNTY: j, ATTEST: did.)G►• JeL;„C. Weld County Clark to theoard BY: eputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS W OUNTY, C! „gp DO Perry L. B , Chair SEP i 5 2025 Raptor Materials LLC — AP25-00045 — OFFSIA25-0001 Page 18 0126 5055347 Pages: 18 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO boas -g%0 EXHIBIT A-1 Off -Site Costs of Construction (To be attached) Raptor Materials LEA, - AP2ti- 00045 — OFFSIA25- 0001 Page 19 of 26 5055347 Pages: 19 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO dill I �1�1�i���I P��LIL WNIiIL6it1 UM 'IC III III EXHIBIT A-2 Future Off -Site Improvements Costs of Construction, to be attached if/when triggered pursuant to Part I.C (To be attached) Raptor Materials LI..C — AP25 —00045 -- OFFSIA25 —0001 20 of 26 5055347 Pages: 20 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ■IIroL« Ei Nittl n Nil III EXHIBIT B-1 Off -Site Consttuction Schedule (To be attached) Raptor Materials LLC- AP25—00045- OFFSIA25-0001 "-,e21 of 26 5055347 Pages: 21 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Ilir1PtZUMMIC WATihL EXHIBIT B-2 Future Off -Site Improvements Construction Schedule, to be attached if/when triggered pursuant to Part I.C (To be attached) 5055347 Pages: 22 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Raptor Materials LLC — AP25 00045 - OFFS[A25 -0001 22 of 26 ■III KI I MAIN lid II III EXHIBIT C Construction Plans (To be attached) Raptor Materials LLC — AP25—00045 - OFFSIA25-000l 23 of 26 5055347 Pages: 23 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO iii I ��l�'!� �FU�14h� �i ��� 1 �'�� ''ll ,l6�i■W�h "Ill EXHIBIT D-1 Temporary Signage & Striping Plan (Attached) Raptor Materials LLC— AP25-00045 — OFFSIA25-0001 o,rto 24 of 26 5055347 Pages: 24 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ■III WA? risk' fOkli LANA Pi: hip) 11111 5055347 Pages: 25 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder: Weld County CO III i t !C'P1t III III i U COlt°terd5 ,0. i t/ 7 ���� ' s// I 0t WCR 330 I ► -\ J 2 O I 9 t LU I II Li" '7 till .$ aLL SEE SHEET N-007 � — bU• -f‘ 0 3r1 SCALE N rEET S ov O21'47;3 sk > o • $ C C , • r CC LL! 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M00200 We REVISIONS sister WuNDER H-002 5055347 Pages: 27 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Il,IIui I&CWIWIIL i 2 2 O. 3 W x O a O z 3 Lu O m w W to 0 in 4 N I- N w 2 U Q s STA.25.13.23 23.14 L is. SD Sr SISS`S eb .-_ _ -1 X71 J� ........ _ - �_ .. •�• - - - �.. - _ N L r .. � v M » • .. . ••• . • 1i► -_ _ - 23440 WCR 306 ~ 24 00 x+00 �'� w - ` w 1 N \ 22.00 1 t — I....1 .............. _-----___- a .. U _ R1W PROP R/W 274-30 28+00 WCR 396 29.30 .........r t t4••.+?.,,.rrr ern rrt n i r+I( 1'1 T17. T.r; RN1 PROP RAN SCALE IN FEET O 4 O W W x U) w w In O c i N P7 0 w Z S U SCALE IN FEET REVISIONS OLSON WO M00200 5055347 Pages: 28 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly raillidhlUifil l Koppes, Clerk and Recorder, Weld County , CO III Vivi, 11111 i r. M 0 O' co W W to OO N N W z J s U w 0 0 w W 1n O •A tti A Q U, W z_ -.1 U 5 — + 71- 00 TCE PROP RNI MW EE BELOW • -------------------• --•-------- -------------- •----- ---------------- 0 a IS Cl, • W ••`34«00 • WCR 396 35+00 - •.36+00 ^ .1 37+00 - aaaa - - - - -- -- --- - • .1 r - --- - -- -- -- -- -- - - -- • • • • • TCE --.—rrrya., .•f —` R/W PROP RM/ TCE -- - ---- ---- - - - -alma -- - - Sal - - - - - - - - - -- - -- - - - - - -5- --- - - - - - - - - - 1' fa h 5,0 • Tr PROP RN*/ - ' \ �I ..— SP IMO — — — — — — al— -_ ---- — — - — — — "�- 1 ii4jWd.liia.•.........• '"..r...,..rserr_... �.-=........... �7.-►'.u.._...:: � —•! ._ _ ;-. cm* -.ti _ ,•---_. _ y-- - w ..--WCR �! 1v `• w .. 41;00--.. .."1*, a •� _—,-•-• .Y ' aged'..-- 'Y M 7 . 38400 • I \ / 4 -' 1 sa ` ---5- 0 20' SCALE IN =EET WO a Ytr'.fi: • 0 ................ ....• al• GM - 00•S. OD .. DIP iw allaaoponosOMIS its!'.—. unai j- -r: r -r'1 �-s� errtr r rA- '?? ••• San aa•.irst7e'an; •............•............ IS IMP a a mI in 416 all illi MPS MI OD il. MO PROP RPM TCE • 43 ---Mala-------a---------'------- ------- eaa - --a-- — — — a - ---- -----.-n- -- -V a EET D-005 3+00 SEE S MATCHLINE STA 20' 40' SCALE IN FEET W z • U) z W E W > I- O 2 as 0 Co tt N M ca O CO C O O CC W 0 i w J F x a z N O z Q a z z a N LD O M re DCVOs 'Mc. Ca*VYw MCC,'CC.'. C1ICCKLC WIC OA•C aft 7973 •IQ.CCT ... M00200 now, REVISIONS necr wwant, H -004 5055347 Pages: 09/25/2025 10:29 AM Carly Koppes, Clerk and 29 of 39 R Fee:$0.00 Recorder, Weld County , CO UI EVA,4vcglatiaiiir ONO II IiL, PO 0 a 94 4 F. g 0 3 I.) M 0 8 t_ 0 Y QW 5 a ttV ogre { IHI a C W w In W to C] CJ M Q N W Z V TCE PROP R/W R/W s'' CO M k N 44.00 • -I Y ,- s 04 / et el %I ••.....••. 1, WCR 396 MO OD MO SsaSS ------ IS 40 am s 04 40 40 S 0. S an sseSS . 47!00 ---S------- --- .......1 fy ... JiJ• 1d. 48400 +SO SEE ABOVE MATCHUNE STA. 4 ha IRS Rm PROP RAN TCE OWN Iona. S 40 a / — I �,•... . •..• ..•..••••..•..•..••.••.. • I••. ••....•• •.' 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REVISIONS a<rr M,WDCM H-005 5055347 Pages: 30 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder; Weld County CO w ap Q 0 _4 U O Ma 0 M 1-• a Sn { O ❑ a S O 8 et C1 4 s Y 6 I f 2 2 00 a Ma • • i TCE i PROP RAW R'W •! - N .. .�...�\V — S6+00 WCR 396 • , • Oa 57+00 ..r u los - - ' \ lai t •r«w. • •..., • ... . M../ ratar... • as ....••.r -. y •• .• Os 0 —I.—..•/ N � as as - / . 7 • rte• �r •• m . ••••.•- -.r'wow win T rreT"rC Tir T f Mb SS SS S S. Y tai _�./ / / / ' / / • ttA 4' DOUBLE YELLOW / STA:SC•0).00. /OFF:0.0C' • / / i� " err /• / C r IA ' STA. 50.65.1' -2257R 2k1 61% ass • /. TCE PROP Raw Ma S STA. 61.9 LC7 • t - 0L aa WCR 3% �rf —t.--•-- • • P .rte/ 4;;;#1.e- ••• / / / 1 Ma Sr SP .l. 62.00 >.._ ___SCP O. I I ___elaa•_-_s—a__S__aMeal, ___ 1 SIX0+08.46 W 12.31L • Tee 1 STA:63+20.00 ` 1 OtF:0.00' $4+ \ \ O W CO W W 0 N + Oi h C H CI) W J 2 U 40' 3 20' err•r SCALE IN FEET • Nair .i - RN, C 0 ✓L w CO 4.O m Na on 20' 40' SCALE IN FEET 2 H Z � Z Qw 2 ww F - cc 2cd a Q O Q 0 a 1t. C4 1 N RI O 0 J O J W W 0 SHEET TITLE : WCR 396 SIGNING AND STRIPING OCIAMM C NC CNCD I O Ktt•tta REVISIONS ►NOJCCT M. M00200 HOE Aar )05 c.•ccr huwot■ H —006 5055347 Pages: 31 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III NiriduryviiiHniqm inoimein law k'av', liii 6 UJ m 8 O rL 0 rta 1 0 O iy r W 0 II I. fi a 3 16 3 I sICE a .•.•. ICE S - .............. 0 6. 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MWWW RIW , r -t 73.000 -- — — — — — 4.0008LE YELLOW •• a • . — r — t WCR 396 s .. rr_r.. • • a • • S — STA:73,59 63 OFF:0.00• — RIW — — — 0 20• 40. SCA.E IN FEET `'. / . srti •/7 . / 10 .c . li — - ^tea V - --,-Im._�...... a .� / /. .....�- ••••..••%� �. / • . S-. S . 1:—•}.—S..•.^.�r. Jar MI `-- //'' _ -. - ._. _. _. ter• -w 74M0 • - _r ,�� ..afar •. a ems STA. 75+97.30 STA. 75*23.St 3?3fR F see 5-i O 20' 40' SCALE IN FEET ( —'1 .. W O 0. O . 2 2 w I - z 1 M CD H0 N 0 - 2 0 EC w 4 Ili > 0 Q re o 2a ce g y: O J O <<Q0LU 0t' 0 (SHEET TITLE : WCR 396 SIGNING AND STRIPING i MON SWN PACKC° aTt nw KLCICU '. REVISIONS IOt AA( ion 114).4CT N. M00200 twin musters H-007 5055347 Pages: 32 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VII lilaPNYIV? Hi 1/4 III i i i i O 4 O W 6 O P 8 0 pW 5 • lr A • 5 Y 3 5 5 LU 0 m Q u LL1 N O 6 t Q N i s O DO — — Nib Na g a O `• %W 01/4 cb R/W Abo Z •` \\' • • •• ••••••••,3/4"... las .� ~S -OS . 1 • ...... ------ 77.00 -I-- J TCE 4• DOUBLE YELLOW -, a - STA. 76484.59 39.55 R •••••••••• —.4namsm— — • ,Li... ele St 62+00 . 1 • 1 - TCE PROP R/W PROF' RN/ - 78.00 ^' r T011/J• • .� aisiketass SF a — — — �. — _ — — _ s • .e—.•— �, •'— t ' • ,. am a 4.6.7•• •• •••• .tw . J.A.W •. ........... 79400 — — a - WCR 396 -- ................................... 90.00 _al -- — I, _ t SOSSSSPPSJS ••— • • • — — . — . . — • • ris it STA:76.24.63 OFF:0.0C• r a- �.-.-.• tr. STA. 78.57 94 20.01 R -4. - - .# TRUCK ROUTE 4- TA.85+13,45 28.43 I. . .y 1 • - • • • 85+00 83400 WCR 396 8440 f E PROP WW� TCE --- 68400 MATCHLINE STA. 81+00 SEE BELOW 0 20' 40 SCALE IN rEE7 R.W —1 - • • . — • • 5 . • 5 • • — • • — ••S• • — • . . • • —� • • • • —� • • .—• • -------------............ _ — — ................. — ------ — -- -- -- — —a-- — —• • RN: airs _ — a — _ — -- — M • • • .— —. cgs — — — • • 4 • 5.. I t _ _ i It gra- 0 2^• Cam' . runrar[[RttT•i SCALE IN FEET 6062025 WELD COUNTY COMMENTS la Doc REvISION5 SWEET TITLE : N M �D co W I 0 0 J 0 } w J w w^^ O WCR 396 SIGNING AND STRIPING CRAW W ClitCNLC tit. «tc. ttn DA 'I Am! N)) ssd YNCJ[C1 No M00200 a rr• Wu idle" H-008 • 5055347 Pages: 33 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder. Weld County , CO le,' i! �� ' IA lif,51e r.01 1310I 11I II I E 3 it WCR 396 SIGN SUMMARY LOC.WIDTH NO. STATION OFFSET SIGN CODE LEGEND (INCH) HEIGHT (INCH) AREA (SO. FT.) POST DIRECTION REMARKS 1 11960 241 83-26 TRUCKS NO LEFT TURN 24 36 6.00 1 NE SEE NOTE I 2 117+46 37 L R3-28 TRUCKS NO LEFT TURN 24 36 6.00 1 EAST 2 117.46 37 L M6 -1P RIGHT ARROW 21 15 2-20 0 EAST 2 117+48 37 L 814-1 TRUCK ROUTE 24 18 303 0 EAST 3 11+81 28 l 123-18L TRUCKS NO LEFT TURN 24 38 6.00 1 EAST 3 11+81 28 L MS -1P RIGHT ARROW 1 21 15 2.20 0 EAST 3 11+81 28 L R14.1 TRUCK ROUTE 24 18 3.00 0 EAST 4 13+94 24 R 112-1 SPEED LIMIT 35 24 30 5.00 1 SW 5 15+10 28 L W3-1 STOP AHEAD 30 30 6.25 1 NE 26+13 23 L W13-IP 25 MPH 16 18 2.25 0 NE 6 6 20+13 23 I. WI.2 RIGHT CURVE 30 30 6.25 1 NE MPH 16 18 2.25 0 SW 7 59+8K 26 R w13.1P 15 CURVE 30 30 6.25 I SW 7 59.86 26R W1.IR RIGHT 6 61+18 29 L WL-ac CHEVRON 18 24 3.00 0 NE a 61+16 29 L WI -8R t CHEVRON 18 24 3.00 1 SW 9 61+92 28 L WI -CL CHEVRON 18 24 3.00 0 EAST 9 81+92 28 L W1.8R CHEVRON 18 24 3.00 1 SW 10 63+09 12 L 0M3•L LEFT OBJECT MARKER 12 36 3.00 0 WEST MOUNT ON POLE 10 63+09 12 L 0143•R RIGHT OBJECT MARKER 12 36 3 DO 0 EAST MOUNT ON POLE 11 54+30 24 L W 13-IP 15 MPH 15 18 2.25 0 EAST 11 64+31 24 L W1 -IL LEFT CURVE 30 30 6.25 1 EAST 12 72+80 25 R W13 -1P 15 MPH 16 19 225 0 WEST 1 WEST 12 72•BC 26 R WI -1L LEFT CURVE 30 30 6.25 13 74.41 30 R W1.8L CHEVRON 16 24 3.00 1 NW 13 74+41 30 R W1.8R CHEVRON 18 24 3.00 0 NE 14 75.24 37 R W1.8L CHEVRON 16 24 3.00 1 WEST 14 75+24 37 R W1 -8R CHEVRON 18 24 3.00 0 NE 15 75+98 36 R W14L CHEVRON 18 24 3.00 1 SW 15 75,98 36 R W1 -BR CHEVRON 16 24 3.00 0 NE 16 76.65 40 R WI -BR CHEVRON II 24 3.00 0 NORTH 16 76+85 40 R w1 -BL CHEVRON 16 24 3-00 1 SW 17 78+68 20 R SPECIAL SIGN WELCOME TO EVANS 21 15 2.20 1 SOUTH MOUNT ON ONE POST I 17 76+68 20 R SPECIAL SIGN THANKS FOR VISITING EVANS 21 15 220 0 NORTH MOUNT ON ONE POST 18 65+14 28 L R14.1 TRUCK ROUTE 24 18 3.00 1 EAST 18 65.14 28 L M6 -1P LEFT ARROW 21 15 2.20 0 EAST 15 MPH 16 18 2.25 0 NORTH 19 78+42 26 I. W13 -1P 19 78+42 261. W1.2 RIGHT CURVE 30 30 625 1 NORTH SIGN SUMMARY NOTES 1. ALIGNMENT CONTROL FOR TWO RIVERS PARKWAY HAS NOT BEEN ESTABLISHED. THIS SIGN IS TO BE LOCATED AT N; 1385466.60. E. 3195167.51 4 21' Welcome Evans 4 SPECIAL SIGN NQTES•se— — 11 - OUTER RADIUS: 1' BORDER THICKNESS: OS BACKGROUND: WHITE BORDER AND LEGEND BLUE A \ SPECIAL SIGN DETAIL O r. r 144.09 �.: •.�r •u .:i 0 4 5' 11' A.l' Tnonks for Visiting' EV�ns B SPECIAL SIGN DETAIL • . 11 In 14-0u9 / SCMEN0T IO?a ALL SQEOAL SIGN NOTES OWER RADIUS: 1' BORDER THICKNESS: OS BACKGROUND: WHITE BORDER AND LEGEND: BLUE l8RItDOA i A 5 H Z I T� -.J Z Q W W W I- Q 0 2 tY 2 O O n. Q Dc GREELEY, COLORADO 80632 W W z Yf Ix Q 2 2 U) 0 IWO at ICED .ot 0.10 7021 rr10JLCI $0 M00200 w.. Os• REVISIONS 4.w sntzt 4.11111t PI H-009 EXHIBIT D-2 Costs of Construction for Temporary Safety Improvements (Attached) Raptor Materials LLC — AP25-00045 - OFFSIA25-0001 iof26 5055347 Pages: 34 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 Raptor Materials Road Improvements - Interim June 26, 2025 - Engineers Estimate Item Code Description Quantity Unit _ Unit Cost Cost 106-00000 Process Control Testing for Items 203, 304, & 603 45 DAY � $ 895.00 $ 40,275.00 201-00001 Clearing and Grubbing 1.5 AC $ 17,000.00 $ 25,500.00 202-00035 Removal of Pipe 40 LF $ 76.00 $ 3,040.00 202.-00495 Removal of Portions of Present Structure Al .l REQ'D LS $ 8,300.00 $ 8,300.00 202-00810 Removal of Ground Sign 10 EA $ 267.00 $ 2,670.00 202-01000 Removal of Fence 145 LF $ 13.00 $ 1,885.00 203-00010 Unclassified Excavation (Complete in Place) 5,210 CY $ 20.00 $ 104,200.00 203-00060 Embankment Material (Complete in Place) 1,410 CY $ 38.00 $ 53,580.00 203-01594 Combination Loader 160 HR $ 154.00 $ 24,640.00 207-00210 Stockpile Topsoil 900 CY $ 11.00 $ 15,300.00 207-00700 Topsoil (Onsite) 900 CY $ 31.00 $ 27,900.00 207-00704 Subgrade Soil Preparation 7,990 SY $ 3.00 $ 23,970.00 208-00002 Erosion Log Type 1 (12 inch) 840 LF $ 8.00 $ 6,720.00 208-00020 Silt Fence 15,434 LF $ 3.00 $ 46,302.00 208-00041 Rock Check Dam 6 EA $ 1,375.00 $ 8,250.00 208-00046 Pre -Fabricated Concrete Washout Structure (Type 1) 2 EA $ 2,400.00 $ 4,800.00 208-00070 Vehicle Tracking Pad 4 EA $ 3,200.00 $ 12,800.00 208-00103 Removal and Disposal of Sediment (Labor) 320 HR $ 68 00 $ 21 760.00 208-00105 Removal and Disposal of Sediment (Equipment) 160 HR $ 137.00 $ 21,920.00 208-00106 Sweeping (Sediment Removal) 20 HR $ 175.00 $ 3,500.00 208-00107 Removal of Trash 40 HR $ 105.00 $ 4,200.00 2.08-00207 Erosion Control Management (ECM) 120 DAY $ 435.00 $ 52,200.00 212-00706 Seeding (Native) Drill 3.4 ACRE $ 1,400.00 $ 4,760.00 213-00004 Mulching (Weed Free Straw) 3.4 ACRE $ 1,800.00 $ 6,120.00 304-09100 Aggregate Base Course (Recycled Asphalt Pavement) 11,260 TONI $ 52.50 $ 591,150.00 304-99999 BaseBind-X 22,100 SY $ 4.00 $ 88,400.00 506-00409 Soil Riprap (9 Inch) 4 CY $ 195.00 $ 780.00 603-02185 23x14 Inch Reinforced Concrete Pipe Elliptical (Complete In Place) 48 LF $ 285.00 $ 13,680.00 603-02305 38x24 Inch Reinforced Concrete Pipe Elliptical (Complete In Place) 57 LF $ 620.00 $ 35,340.00 603-05030 30 Inch Reinforced Concrete End Section 30 In RCES 2 EA i $ 5,920.00 $ 11,840.00 603-05130 38x24 Inch Reinforced Concrete End Section Elliptical 38x24 In ROES 1 EA $ 3,060.00 $ 3,060.00 603-05118 23x14 Inch Reinforced Concrete End Section Elliptical 23x14 In ROES 2 EA $ 3,635.00 $ 7,270.00 603-50030 30 Inch Plastic Pipe 60 LF $ 175.00 $ 10,500.00 607-00010 Corner and Line Brace Post 12 EA $ 910.00 $ 10,920.00 607-01000 Fence Barbed Wire With Metal Posts 310 LF $ 35.00 $ 10,850.00 601-11525 Fence (Plastic) 100 LF $ 13.00 $ 1,300.00 611-00024 24 Foot Cattle Guard 2 LA $ 36,000.00 $ 72,000.00 614-00011 Sign Panel(Class I) 134 SP $ 65.00 $ 8,710.00 614-00220 Steel Signpost (2.5x2.5 Inch Tubing) 18 FA $ 550.00 $ 9,900.00 625-00000 Construction Surveying ALL REQ'D LS $ 52,000.00 $ 52,000.00 626-00000 Mobilization ALL REQ'D LS $ 45,000.00 $ 45,000.00 627-00008 Modified Epoxy Pavement Marking (Yellow) 5 GAL $ 1,100.00 $ 5,500.00 630-00000 Flagging 200 HR $ 58.00 $ 11,600.00 630-00007 Traffic Control Inspection 60 DAY $ 480.00 $ 28,800.00 . 630-00012 Traffic Control Management 60 DAY $ 1,315.00 $ 78,900.00 630-80380 Traffic Cone 66 EA $ 15.00 $ 990.00 630-80341 Traffic Control Sign (Panel Size A) 17 EA $ 92.00 $ 1,564.00 Base Bid $ 1,624,646.00 Design Contingency 0°k $ Total Base Bid (BB) $ 1,624,646.00 5055347 Pages: 35 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County CO EXHIBIT E Camera Monitoring Proposal (Attached) Raptor Materials LLC — AP25—00045- OFFSIA25-0001 °--- 26 of 26 5055347 Pages: 36 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII ittA WiI1 Ili Bill TJ Wethington Director of Business Development IDAX Data Solutions 1101 S Huron St STE Z Denver, CO 80223 tj.wethington@idaxdata.com 720-646-1008 Memo: Right-In/Right-Out Compliance Monitoring — CR 392 & CR 27 1/2 DATA SOLUTIONS IDAX will deploy and maintain a high -resolution traffic video camera at the intersection of CR 392 and CR 27 1/2 for the dura- tion of the interim infrastructure phase, which is anticipated to last 18 months. The camera will operate during daylight hours Monday through Friday capturing timestamped footage of all vehicular movements through the intersection to monitor com- pliance with the right-in/right-out traffic condition. Collected video will be reviewed and analyzed on a weekly basis. During each review cycle, all observed turn violations will be identified, timestamped, and supported with still -frame image evidence extracted from the footage. A summary report will be generated weekly, detailing the frequency, timing, and nature of any observed violations. As part of this effort, IDAX will conduct routine field maintenance activities including: • Battery exchanges to ensure uninterrupted camera operation • On -site data storage retrieval & swaps to collect recorded footage • Visual equipment inspections to verify camera alignment, lens cleanliness, and proper function Each week, recorded footage will be offloaded and archived, then reviewed by trained IDAX analysts. All observed violations will be: • Precisely timestamped • Categorized by movement type • Documented with screenshot evidence extracted directly from the video A weekly summary report will be prepared and delivered, detailing: • The total number of violations • The time and date of each occurrence • Image documentation of each infraction • Any operational anomalies or field notes t I Transportation Understood 5055347 Pages: 37 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County , CO NetA SOLUTcUS III11���1lL'�4fititiFJ4�4U Y��V�L�%�WI:�I'�M��L�FNCi ��I�sl� �I III Camera Model TLC 200 Pro LCD Screen 1.44" TFT LCD Waterproof With the Weather Resistant Housing (ATH120)) Capture Mode Time Lapse Auto generation of Time Lapse video Stop Motion Optional, with ATS110(discontinued) Motion Activated Optional, with ATM100(discontinued) Image Sensor Type 1/3" HDR sensor Dynamic Range 115db Resolution 1.3 Mega pixel Pixel size 4.2 µm Sensitivity 3650mV/lux-sec (Ultra good low light quality) Optics Lens (BCS 019) Type CS Mount (Aspherical Glass Lens) Aperture F 2.0 Field of View 112° Focal Length 2.8 mm (Actual) 19 mm (35mm equivalent) Focus Distance 40cm ^' 00 Shooting Setting Scene Daylight, Twilight, Night, Moon, Star White Balance Auto, Day, Shade, Cloudy, Fluorescent Light (Cool), Fluorescent Light (Warm), Tungsten Light Custom Image Exposure, Saturation, Contrast, Sharpness Recording Time Lapse Video Format: AVI 5055347 Pages: 38 of 39 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111Erd127W1.'4141,IM!Iikiiiar,'14HN Ilk III II Resolution: 1280x 720 Still Image Format: JPEG (only for using Shutter Line) Resolution: 1280x 720 Memory Storage SD Card (Supported up to 32 GB) Time Interval ASAP Captures 3" 5 photos in 1 second Custom From 1 second to 24 hours Power Power source Battery: 4 AA Batteries DC IN: 5V (Micro USB connector) Battery Life 2 second time interval, captures 240,000 frames Camera Body Dimension Size (DxWxH) 2.52x2.05x4.21 (64x52x107 mm) Weight 4.9 oz (140 g) (without batteries) Operating Temperature 32°F 113°F(0°C ti 45°C) Color Black https://www.brinno.com/time-lapse-camera/TLC200Pro#scroll-spec dr 0) 0 W _ M •3 0 i O v w et iC4C- WQ it min C1 no- mo- (LN 00 In `n-' Is a NI I e ITN o al MAY_ Mtn >, �0 L 1O 0 - SON AON RISK SERVICES SOUTHWEST, INC. 1300 Post Oak Blvd., Suite 1400 Houston, TX 77056 August 20, 2025 Garrett Varra RAPTOR MATERIALS LLC 8120 Gage St Frederick, CO 80516 RE: Bond #: 022242092 Obligee: WELD COUNTY Project: Improvements & Road Maintenance Agreement According to Policy Regarding Collateral for Improvements — Between Raptor Materials LLC & Weld County Colorado Dear Garrett Varra: Enclosed please find the above referenced bond executed at your request in the amount of $2,030,807.50, dated 8/20/2025 for BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO. Please note the bond must be properly signed and the corporate seal affixed if applicable. Please forward the original to BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO and retain a copy for your files. If you should have any questions or if I may be of further assistance, please do not hesitate to call me at (832) 476-6000. Sincerely, AON RISK SERVICES SOUTHWEST, INC. Enclosure Record # 3017540 Liberty Mutua1a SURETY LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, RAPTOR MATERIALS LLC Bond 022242092 as Principal, of 8120 Gage St Frederick COLORADO (City) (State) (Street and Number) and the Liberty Mutual Insurance Company Massachusetts corporation, as Surety, are held and firmly bound unto (State) WELD COUNTY, 1150 O Street, Greeley, CO 80631 , as Obligee, at , in the sum of Two Million Thirty Thousand Eight Hundred Seven and 50/100 $2,030,807.50 ) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 20th day of August 2025 • THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a license or permit to do business as Raptor Materials LLC for the work to be performed atlfor: Improvements & Road Maintenance Agreement According to Policy Regarding Collateral by the Obligee. for Improvements — Between Raptor Materials LLC & We d County Colorado NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall continue in force: Until 20th day of executed by the Surety OR August , 2026 , or until the date of expiration of any Continuation Certificate Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. RAPTOR MATERIALS LLC By Principal Liberty Mutual Insurance Company Andrea M. Penaloza At ey-in-Fact Liberty Mutual Surety Claims • P.O. Box 34526, Seattle, WA 98124 • Phone: 206-473-6210 • Fax: 866-548-6837 LMS-20989 03/19 Email: HOSCL@Iibertymutual.com • www.LibertyMutualSuretyClaims.com cLocN1 a) la) C a) O U a) o� _ -0 C 03 OL. a)O 0wilN - C(5 a) a) U) (6 a) t Q) oc E 0 T CO 0 z a) 4105 L. Liberty Mutual. SURETY POWER OF ATTORNEY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Certificate No: 8213929 - 022011 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Amanda George, Andrea M.Penaloza, Donna L. Williams, Gina A. Rodriguez, Jennifer Moore, Lisa A. Ward, Lupe Tyler, Michael J. Herrod, Misty \Aright, Terri L. Morrison., Vanessa Dominguez all of the city of Houston state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make. execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of April , 2025 . S:ate of PENNSYLVANIA County of MONTGOMERY SS On this 28th day of April , 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company. and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. PAs T By: Liberty Mutual insurance Company The Ohio Casualty Insurance Company West American Insurance Company '/Air' pU!i o. Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2029 Commission number 1126044 Member, Pennsylvania Association of Notaries Nathan J. Zangerle, Assistant Secretary By: �,1it.c4�) eresa Pastella. Pastella. Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings. bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe. shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary, Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this 2 0 h day of August By: 2025 • aazt-r3/4 Renee C. Llewellyn, Assistant Secretary vi E au 0 U C = C4e CE o «=r L- 0 •— a) @) Q � aO O O a) r1 -•l T L Q o 0 o O 0 N o° O N 0 -co L co 0 6 o C� al = O U 0 a) fl U) 0 a) LL Cl_ LMS-12873 LMIC OCIC WAIC Multi Co 02/24 WELD COUNTY ACCESS PERMIT DEPARTMENT OF PLANNING SERVICES 1402 North 17th Ave P.O. Box 758 Greeley, CO 80632 861c, _ r J COUNTY, CO Permit Number: AP25-00045 Phone (970) 400-6100 Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado Project Name: Permit Expiration Date: Planning/Building Process Parcel(s): Proposed Use: Raptor Materials LLC 105704000024 Small Commerical Access is on WCR: Nearest Intersection WCR: Distance from Intersection: Number of Existing Accesses: Access Width: Access Turning Radii: Latitude: Longitude: 396 396 - 27.5 7520 3 40ft. 65ft. 40.34428 -104.78362 Applicant Information: Name: Company: Phone: Email: Jenna Lohmann RESPFC Company, LLC 7207756427 Jenna.Lohmann@respec.com Owner Information: Name: Company: Phone: Email: Garrett Varra Raptor Materials LLC 3036666657 gvarra@raptormaterialsllc.com Road Surface Type and Construction Information: Road Surface: Gravel Culvert Size and Type: 18" CMP/RCP or equivalent Material to Construct Access: Roadbase Start Date: Finish Date: A Copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (applies to weekends if approved) Approved MUTCD traffic control / Warning devices are required before work begins and must remain until completion of work ** Crushed or recycled concrete SHALL NOT be used for tracking material in the County ROW All access points shall comply with Chapter 8, Article XIV and Appendix 8-0 found at: bilps://library.municode.com/co/weld ps://library.municode.com/co/weld county/codes/charter and county code?nodeld=CH8PUWO ARTXIVROACPO htt�s:/i ibrary.municode.com/co/weld county/codes/charter and county code?nodeld=CH$PUW0 APX8- QWECOENCOCR Unless otherwise authorized. Special Requirements or Comments Utilize new access point on CR. 396 (1-COMM) located approx. 7,520ft. east of CR. 27.5 (Two Rivers Pkwy). Approved By: Digitally signed by Stephanie SkpMan.i.c.FLoves. Flores Date 2025.09 04 16:13.44 -06'00' Contract Form Entity Information Entity Name* RAPTOR MATERIALS LLC Entity ID* @00045478 Contract Name * OFF -SITE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT RAPTOR MATERIALS LLC AP25-00045 -0004 5 OFFSIA25-0001 Contract Status FINANCE REVIEW Contract ID 9913 Contract Lead * JTRUJILLOMARTINEZ New Entity? Contract Lead Email jtrujillomartinez@weld.go v Parent Contract ID Requires Board Approval YES Department Project # Contract Description * OFF -SITE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT RAPTOR MATERIALS LLC AP25-00045 -0004 5 OFFSIA25-0001 PROJECT COLLATERAL IN THE AMOUNT OF S2,030,807.50 IS REQUIRED, PROCURED IN THE FORM OF BOND NO. 022242092 ISSUED BY LIBERTY MUTUAL INSURANCE COMPANY Contract Description 2 Contract Type * AGREEMENT Amount* S2,030,807.50 Renewable * NO Automatic Renewal Grant IGA Department PLANNING Department Email CM-Planning@weld.gov Department Head Email CM-Planning- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORN EY(�@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date * 09/15,-2025 Due Date 09 1 1 2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head DAWN ANDERSON DH Approved Date 09/05 2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date Review Date * 09;15/2026 Committed Delivery Date Contact Type Finance Approver Renewal Date Expiration Date* 09 1 5 2027 Contact Email Contact Phone 1 Purchasing Approved Date Legal Counsel Contact Phone 2 Finance Approved Date Legal Counsel Approved Date Tyler Ref # AG091 525 Originator JTRUJILLOMARTINEZ Hello