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Home My WebLink About20231241.tiffRESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR SITE PLAN REVIEW PERMITS, SPR18-0011 AND SPR21-0007 - GREAT WESTERN RAILWAY OF COLORADO, LLC, AND GWIP, 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 October 30, 2018, the Weld County Department of Planning Services conditionally approved the application of Great Western Railway of Colorado, LLC, 252 Clayton Street, 4th Floor, Denver, Colorado 80206, for a Site Plan Review, SPR18-0011, for transloading, from rail to truck and truck to rail, (office trailer, storage containers, and two (2) truck weigh stations for the railroad) in the Industrial (1-3) Zone District, on the following described real estate, being more particularly described as follows: Great Western Railroad Right -of -Way: Portion of Lot B of Amended Recorded Exemption AmRE-833; being part of the E1/2 NE1/4 of Section 25, Township 6 North, Range 67 West and W1/2 NW1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, on September 14, 2021, the Weld County Department of Planning Services conditionally approved the application of GWIP, LLC, 252 Clayton Street, 4th Floor, Denver, Colorado 80206, do Dean Brown, 2005 Howard Smith Avenue, Windsor, Colorado 80550, for a Site Plan Review, SPR21-0007, for transload of chemicals from rail car in the 1-3 (Heavy Industrial) Zone District per Section 23-3-330.C.35 of the Weld County Code, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption RECX16-0067; being part of the E1/2 NE1/4 of Section 25, Township 6 North, Range 67 West and the W1/2 NW1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Great Western Railway of Colorado, LLC / GWIP, LLC, with further terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Performance Bond #DVHNSU0830753 insured through Harco National Insurance Company, 4200 Six Forks Road, Suite 1400, Raleigh, North Carolina 27609, in the amount of $184,696.00, and 4897367 Pages: 1 of 27 05/11/2023 11:00 AM R Fee:$0.00 Carly KOPPes, clerk and Reoorder, Weld County , c0 11111 Cc: PL(rr/DA/S'rn/kR) 0511112.3 2023-1241 PL2520 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT (SPR18-0011 AND SPR21-0007) - GREAT WESTERN RAILWAY OF COLORADO, LLC / GWIP, LLC PAGE 2 WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Performance Bond as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Great Western Railway of Colorado, LLC / GWIP, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED that Performance Bond #DVHNSU0830753 insured through Harco National Insurance Company, 4200 Six Forks Road, Suite 1400, Raleigh, North Carolina 27609, in the amount of $184,696.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of May, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:(�/•�J ii,5 ;„k Weld County Clerk to the Board ounty rney Date of signature: oS/o't/23 Mike- man, Chair 4897567 Pages: 2 of 27 05/11/2023 11:00 AM R Fee:$0.00 illiir:itaiNalliliTileagiialik'Ni mr, County , c0 alVikNi ci Ilk BIM 2023-1241 PL2520 god BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: EOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: Great Western Railway of Colorado, LLC — SPR21-0007 GWIP, LLC — SPR185096rw 1 I DEPARTMENT: Planning Services DATE: April 4, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, Great Western Railway of Colorado, LLC and GWIP, LLC, requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for (SPR21-0007 and SPR18-0007). Collateral in the amount of $184,696.00 is required with this agreement. Collateral has been provided in the form of a Performance Bond, Bond Number: DVHNSU0830753, issued by Harco National Insurance Company, 4200 Six Forks Road, Suite 1400, Raleigh, North Carolina 27609. 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 Site Plan Review Permit Approval, as signed by the Director of Planning Services. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for SPR21-0007 and SPR18-0007, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Approve Schedule Recommendation Work Session Other/Comments: e> \it ot €rnwi 2023-1241 t1/4/02,,, )49 tolz° Karla Ford From: Sent: To: Subject: Approve Kevin Ross Kevin Ross Monday, April 1O, 2O23 9:1O AM Karla Ford Re: Please Reply 6 - BOCC PA REVIEW - SPR21-0007 — Great Western Railway From: Karla Ford <kfjr @weld.gov> Sent: Monday, April 1O 2023 8:31:07 AM To: Kevin Ross <kross@weld.gov> Subject: Please Reply 6 - BOCC PA REVIEW - SPR21-OOO7 — Great Western Railway Please advise if you approve recommendation. Thank you. Karla Ford X Office Manager, Board of We d County Commissioners 1150 O Street, P.O. Box 758 Greeley, Colorado 80632 :: 970.336-7204 :: kford iweydgov.com :: www.weldgov.com **Please note my workir g yours are Monday -Thursday 7:00a.m.-5:00p.m. ** Confidentiality Notice: This e:ectnnic transmission and any attached documents or other writings ore intended only for the person or entity to which it is addressed and may contain information tha: is privileged, confidential or otherwise protected from disclosure. If you hove received this communication in error, please immediately notify sender by rettarn e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jazmyn Trujillc Martinez <jtrujillomartinez@weld.gov> Sent: Friday, April 7, 20:3 11:33 AM To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson <dranderson@weld.€ov; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Tom Parko Jr <tparko@weld.gov> Subject: BOCC PA RE"IE N - SPR21-OOO7 — Great Western Railway ATTACHED BOCC PA RE`s IEW Improvements Agree rent: Off -Site Improvements and Road Maintenance Agreement Case/Applicant: SPR21-0007 — Great Western Railway of Colorado, LLC Please note: Regular Agenda Thank you and have a gnat weekend! 1 Cheryl Hoffman From: Sent: To: Subject: Jazmyn Trujillo Martinez Wednesday, April 19, 2023 1:26 PM Cheryl Hoffman RE: Great Western Railway of CO, LLC - SPR21-0007 and GWIP, LLC - SPR18-0007 I believe the address is the same for both companies, as they are separate entities within a larger corporation. 252 Clayton Street, 4th Floor, Denver, Colorado 80206 Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North 17`h Avenue P.O. Box 758 Greeley, CO 80631 (970) 400-3711 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weld.gov> Sent: Wednesday, April 19, 2023 1:11 PM To: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>; Dawn Anderson <dranderson@weld.gov> Cc: Cheryl Hoffman <choffman@weld.gov>; Esther Gesick <egesick@weld.gov> Subject: RE: Great Western Railway of CO, LLC - SPR21-0007 and GWIP, LLC - SPR18-0007 Awesome, Jazmyn. Jazmyn, do you have an address for the applicant of SPR18-0011 and applicant of SPR21-OOO7 that I can include in my draft resolution? Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov 1 From: Jazmyn Trujillo Martinez <tru'illomartinez@weld.gov> Sent: Wednesday, April 19, 2023 12:05 PM To: Cheryl Hoffman <ooffman@weld.gov>; Dawn Anderson <dranderson@weld.gov> Subject: RE: Great Western Railway of CO, LLC - SPR21-OOO7 and GWIP, LLC - SPR18-0007 Yes, that works. Thank you! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North 17th Avenue P.O. Box 758 Greeley, CO 80631 (970) 400-3711 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity tc which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weld.gov> Sent: Wednesday, Apr 119, 2023 11:58 AM To: Jazmyn Trujillo Martinez <jtruillomartinez@weld.Rov>; Dawn Anderson <dranderson@weld.gov> Cc: Cheryl Hoffman <c ioffman@weld.gov> Subject: Great Westeri Railway of CO, LLC - SPR21-0007 and GWIP, LLC - SPR18-0007 Good morning, Jazmyr and Dawn, If I schedule this one for Wednesday, May 3, are you good with it? Just let me know! Thanks! Cheryl L. Hoffman Deputy Clerk to the Board 1150 0 Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov 2 QAtata &71 -- PROTECTING ASSETS. MAKING A DIFFERENCE. January 13, 2023 Mr. Dean Brown Broe Management Company/GWIP, LLC 2005 Howard Smith Avenue East Windsor, CO 80550 RE: Improvements and Road Maintenance Agreement for off site improvements related to asphalt work Dear Mr. Brown: Enclosed are the bonds for the above referenced project. You will notice that the contract date and the execution date have been left blank. As a rule, performance bonds cannot be dated prior to the date of the agreement. Once the agreement date has been determined, please insert the date on the bonds, as well as on the attached powers of attorney. If you have any questions, please give me a call. Than you, A hlea McCaughey( Surety Account Manager Insurance I Employee Benefits I Surety I Risk Management IMA, Inc. 1705 17th Street I Denver, CO 80202 I imacorp.com Clerk to the Board's Office Phone: (970) 400-4225 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.gov June 4, 2025 Harco National Insurance Company 4200 Six Forks Road, Suite 1400 Raleigh, North Carolina 27609 Re: Returning 3 of 4 original Performance Bonds #DVHNSU0830753 for SPR18-0011 and SPR21-0007 GWIP, LLC To Whom It May Concern: Enclosed please find three (3) of the four (4) original Performance Bonds submitted to Weld County as collateral for GWIP, LLC, in the amount of $184,696.00. As Weld County only requires one (1) copy of the Performance Bond, we are returning the other copies back to you. The one (1) that we retained will be kept on file with the recently accepted Maintenance Bond #830038, in the amount of $24,090.75. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4212 or jreid@weld.gov. Respectfully, Jess Reid Deputy Clerk to the Board Enclosure Page 1 of 1 U] U^ U. a IT" Certified Mail Fee U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com sIgE Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ $ Postage Postage Total Postage and Fees as Postmark Here r -R e'tTo ru arct Nc&\4onc\ tnS. CO • ❑ Street and Apt. No., or Pb Box No. N`- `t aCO avts Co c kt$ $ct 1. ` CC tat;‘, z�i4 Nt C a --R eo ci PS Form 3800, A • ril 2015 PSN 7530-02-000-9047 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Cyr C \c M \ DoS • Cc• C.O 1-OO S o ( Vag ‘_S t4S ) S \e.. \takCYJ ) C.-iLO5 11111111111111111111 1111111 II" 9590 9402 6113 0209 7531 37 See Reverse for Instructions COMPLETE THIS SECTION ON DELIVERY A. Sig ure X; L ❑ Agent ❑ Addressee 9, Date of ell ry t _ �... -� - �- ••,� - � - . ► .. - - n D. Is delivery address different 1? 0 Yes If YES, enter delivery address below:El No 2 Article Number (Transfer from service label), 7❑21 1970 0000 9097 0985 PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery kit Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered Malin"' ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation"' ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt Bond Number: DVHNSU0830753 PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRESENTS, that (name) GWIP, LLC, (address) 252 Clayton Street, Floor 4, Denver, CO 80206, a (corporation, limited liability company, etc.)Limited Liability Company, organized under the laws of the State of Colorado, with its principal office located at (address)252 Clayton Street, Floor 4, Denver, CO 80206 hereinafter called "Principal", and (name of surety) Harco National Insurance Company, of (address of surety) 4200 Six Forks Road, Suite 1400, Raleigh, NC 27609, hereinafter called "Surety" are held and firmly bound unto Board of County Commissioners of Weld County, Colorado, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the full and penal sum of One Hundred Eighty Four Thousand, Six Hundred Ninety Six Dollars and No/00 ($184,696.00), lawful money of the United States for the payment of which well and truly made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above -bound Principal has obtained or is about to obtain from the Obligee a land use permit, namely (insert the specific permit and number - USR, SPR etc)SPR21-0007 & SPR18-0011, and pursuant to the requirements of said permit, has entered into an Improvements Agreement, dated May 3, 2023 , with Obligee, and WHEREAS, The Improvements Agreement requires Principal to obtain a performance bond in an amount equal to the total cost of the improvements for which Principal is responsible and naming Obligee as beneficiary, and WHEREAS, the value of improvements for which Principal is responsible equals One Hundred Sixty Thousand, Six Hundred Five Dollars and No/100, ($160,605.00), and WHEREAS, at completion of the Project Collateral phase of the Agreement, the amount of this Bond shall be reduced, by rider, to 15% of the original amount throughout the Warranty Collateral phase of the Bond, and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set forth in the Improvements Agreement, and if Principal shall satisfy all claims and demands set forth in said agreement, and shall fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of Principal's failure to perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee may incur in making good any default, then this obligation shall be null and void; PROVIDED FURTHER, that if Principal shall default in any of its obligations set forth in the Improvements Agreement, and thereafter fail to fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of said default, this obligation shall remain in full force and effect; Bond Number: DVHNSU0830753 PROVIDED FURTHER, regardless of the number of years this Bond is in force, or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider; PROVIDED FURTHER, that Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvements Agreement to the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew annually automatically, from the date of this bond until its release by Obligee, to guarantee that Principal shall well, truly and faithfully perform its duties, and all of the undertakings, covenants, terms, and conditions set forth in the Improvements Agreement, and any extensions thereof which may be granted by Obligee with or without notice to Surety. The parties to this Performance Bond acknowledge that through the Improvements Agreement, Obligee reserves the right to require Principal to obtain a different Performance Bond from a financial institution other than Surety in the event that the rating of Surety by AM Best falls below a B+ rating. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 3rd day of May , 2023 . Principal Secret y/Witness (SEAL) Harco National Insurarjce Company By: Witness as to Nicole L. mcconam Ashley McCaughey, Att 1705 17th Street, Suite 100 Address Denver, CO 80202 Address 4200 Six Forks Road Address Raleigh, North Carolina, 27609 Address IMPORTANT: Surety company executing bond must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. Bond Number: DVHNSU0830753 Bond must be accompanied with Attorney -in Fact's authority from the surety company certified to include the date of the bond. POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 Bond # DVHNSU0830753 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing us the laws o the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of th State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint BRANDI J. TETLEY, JENNIFER L. CLAMPERT, MICHAEL LISCHER, JR., ASHLEA MCCAUGHEY, DAVID DONDLINGER, AMY COONTS, LINDSEY MINUTILLO, NICOLE L. MCCOLLAM, DANIELLE WARING Denver, CO their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2020 STATE OF NEW JERSEY County of Essex STATE OF ILLINOIS County of Cook Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2020 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. •'_``ie. Shirelle A. outley a Notary Public of New Jersey My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, the 3rd of May, 2023. A00919 J Irene Martins, Assistant Secretary IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Great Western Railway of Colorado, LLC — SPR21-0007 GWIP, LLC - SPR18-0011 THIS AGREEMENT is made this g$ day of , 202.5_, by and between GWIP, LLC, a limited liability company organized under the laws of the State Colorado, whose address is 252 Clayton Street, 4th Floor, Denver, Colorado 80206, hereinafter referred to as "Southern Property Owner," authorized to do business in the State of Colorado, Great Western Railway of Colorado, LLC, a limited liability company organized under the laws of the State of Colorado, whose address is 252 Clayton Street, Floor 4, Denver, Colorado 80206, hereinafter referred to as "Northern Property Owner," authorized to do business in the State of Colorado, hereinafter both collectively referred to as "Property Owners", 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, Southern Property Owner is the owner of the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption, RECX16-0067; Being part of the E1/2 NE1/4of Section 25, Township 6 North, Range 67, and the W1/2 NW1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, Northern Property Owner is the owner of, and Property Owners have agreed to utilize the shared access point located on the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption, RE -833; Being part of the E1/2 NE1/4 of Section 25, Township 6 North, Range 67, and the W1/2 NW1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "Southern Property" and "Northern Property," and WHEREAS, the parties share an access point on the Northern Property, documented as Access Permit AP15-00088 and Access Permit AP16-00229 ("Shared Access",) and WHEREAS, the parties acknowledge that this Agreement replaces SPR18-0011 previously recorded Improvements and Road Maintenance Agreement, Weld County Clerk and Recorder Reception Number 4503311, and WHEREAS, Property Owners have received the Director of Planning Services approval of SPR21-0007 and SPR18-0011, and WHEREAS, SPR18-0011 has previously been approved and recorded with the Weld County Clerk and Recorder on July 17, 2019, under the Weld County Clerk and Recorder Reception Number 4506297, and Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPR18-0011- OFFSIA21-0006 '/' Page 1 of 14 J®a3.1,21 WHEREAS, Property Owners acknowledges that the fmal approval of SPR21-0007 is conditional upon Property Owners understanding, funding and/or construction of the future off -site improvements and road maintenance, when required, described in this Agreement, and depicted in the following incorporated exhibits if/when triggered: Exhibit A-1 — Off -Site Costs of Construction, Exhibit B-1 — Off -Site Construction Schedule, Exhibit A-2 - Future Improvements Costs of Construction, to be attached if/when triggered pursuant to Part I, B.3.0, below Exhibit B-2 — Future Improvements Construction Schedule, to be attached if/when triggered pursuant to Part I, B.4.0, below Exhibit C — Construction Plans, Exhibit C-1 — 100% Released for Construction Plans, to be attached pursuant to Part 1, A.4.0, below Exhibit D-1 — SPR21-0007 Map (recorded simultaneously with this Agreement), Exhibit D-2 — SPR18-0011 Plat Map (previously recorded), and WHEREAS, Property Owners acknowledges that Southern Property Owner may not operate as described in SPR21-0007 until this Agreement is executed and the final SPR21-0007 Plat Map is recorded and accepted by County, and WHEREAS, the parties agree that the Property Owners shall provide collateral for future off -site improvements if/when triggered, as required by 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 (as required by the BOCC): The Property Owners shall be responsible for the construction of certain off -site safety improvements as identified in the SPR approvals, as indicated on the accepted Exhibit D-1, Exhibit D-2, and 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 ra debris onto the adjacent County Road. 2 Additional Off -Site Improvement to be constructed by the Property Owners prior to operation of O "� SPR21-0007 as shown on Exhibits D-1 and C is: s 1) Paving County Road 23.75 from County Road 64.75 up to the railroad tracks. Cross section of base and pavement shall be structurally sufficient to handle the truck traffic from r 3 the developments and reduce rutting overtime. 1.0 Proportional Share of Paving Costs. Property Owners will be responsible for all upfront costs of LL the above specified improvements. Upon inspection by County and substantial completion and acceptance of the improvements, Property Owners shall invoice County for 12% of the cost of paving County Road a 2 f 23.75 from County Road 64.75 north to the access point and 100% of the cost of paving County Road 23.75 from the access point north to the railroad tracks. Road section shall be constructed matching the existing road alignment and width. Paving section shall be 6" Asphalt over 8" Aggregate base. ENO Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPR18-0011 - OFFSIA21-0006 r n w — Page 2 of 14 2.0 Road Improvements Responsibilities. Property Owners are 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 irrigation facilities, and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies. 3.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) identified as Exhibit A-1 shall be submitted. 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 work is not complete and more than three (3) years have passed since the last construction cost estimate was provided, the Property Owners shall provide an updated construction cost estimate prior to the start of construction. 4.0 Construction Schedule Exhibit. Exhibit B-1 shall be provided by the Property Owners, and indicating the construction schedule for off -site improvements, including an anticipated completion date. Property Owners shall not commence construction of any improvements, record map, or receive any permitting prior to approval of the of this Agreement. Exhibit C shall be provided by the Property Owners, attached hereto, are the preliminary provided plans. Once the Property Owner has provided the County with 100% Construction Plans and the County has accepted the plans, the plans shall be incorporated automatically herein as Exhibit C-1, which shall replace Exhibit C, in its entirety. Exhibit C-1 shall be provided by the Property Owner and include the receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owners shall substantially complete all improvements in accordance with Exhibit B-1 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owners shall submit a revised construction schedule. 5.0 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 ILB 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 Owners has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owners shall also provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. B. Future Off -Site Improvements: 1.0 Traffic Triggers. When the traffic associated with the Site Plan Review Permits reaches certain safety thresholds as set forth in this Agreement, the Property Owners shall design, and construct required road improvements based on the amount of traffic being generated by the site. The Property Owners' development does not currently meet the traffic safety triggers requiring the improvements specified below; however, off -site, or phased improvements may be warranted in the future. 1.1 Property Owners 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 Shared Access meets the following traffic triggers: Property Owners shall design and construct a right deceleration/turn lane/staging lane on CR 23.75 whenever traffic exceeds 25 VPH turning right into the Shared Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPRI8-0011- OFFSIA21-0006 Page 3 of 14 Access for an average daily peak hour and movements are inhibiting traffic on CR 23.75. If a crash history develops at the intersection of CR 23.75 and CR 64.75 that can be related directly back to traffic generated from the Shared Access, Property Owners will work with Weld County to determine and implement appropriate traffic mitigation measures 2.0 Property Owners' Responsibilities regarding Future Triggers. Property Owners are 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 Owners shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, State, or County regulatory agencies. 3.0 Cost of Construction Exhibit. When any trigger is met, the Property Owners 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 is met, the Property Owners 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 Owners 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 Owners shall complete all improvements in accordance with the construction schedule exhibit. The construction of the triggered improvements shall be completed within the specified timeframe, which may not exceed three (3) years from the date the trigger is first met and shall be completed as follows: Year 1 design deadline; Year 2 ROW/Utilities; Year 3 Construction. Property Owners shall collateralize 100% of the cost of the construction improvements, including design, right-of-way, and utility relocation cost within six months of being notified of meeting the triggers. Exhibit B shall be attached to this Agreement and incorporated herein once approved by the County. 5.0 Collateral. Collateral for any additional improvements required by the triggers may be required by the Board of County Commissioners, hereinafter referred to as the BOCC. Collateral is accepted and released by the BOCC pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. 6.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owners have completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owners shall also provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. C. Future Safety Improvements Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPR18-0011 - OFFSIA21-0006 Page 4 of 14 1.0 Intersections of CR 64.75 and CR 23.5 and CR 64.5 and 23.5. In order to decrease the overall public safety concerns and facilitate future improvements outlined within the City of Greeley's transportation plan, round -a -bouts will be installed at the current intersections of both CR 64.75 and CR 23.5 and CR 64.5 and CR 23.5. No improvements shall be built by Property Owner in agreed upon footprint of the proposed round -a -bouts and Property Owner will, at time of construction of the round -a -bout, dedicate, at no -cost, the right-of-way necessary for construction. 2.0 Intersection improvements at CR 23.5 and CR 64.75 and CR 23.5 and CR 64.5. When the County and/or City of Greeley begin identified improvements, Property Owners shall be responsible for a proportional share of the total overall cost of improvements of the intersection of CR 23.75 and CR 64.75 and any traffic mitigation measures that are determined to be necessary for the overall health and safety of the traveling public. The Property Owners' proportional share shall be the road dedication referenced in C.1.0 above. D. Haul Routes: The Property Owners 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 Shared Access: 1) 1/4 mile south on CR 23.75 2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 23.75 and travel south to CR 64.75 for further dispersal. Any County roads used by SPR21-0007 and/or SPR18-0011 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 Departments of Planning Services and Public Works 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 haul/travel routes designated herein and provide notice to the Property Owners. 5.0 Haul Route Signage. Property Owners shall install travel route signs, if applicable, as per Manual 2 of Uniform Traffic Control Devices standards, at all exit points of the Shared Access which can be clearly U 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. '� �3a N w ` -d E. Maintenance Requirements: ° LL 1.0 Off -site recurring maintenance, if applicable, as required: 2.0 Repair• Property Owners shall be financially responsible for its proportional share of excavation, �m L S patching, and pavement repair on designated haul/travel routes. The amount and extent of repair and paving �U t N}r °~ Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPRI8-0011 - OFFSIA21-0006 r�T Page 5of14 measures will be determined by site -specific conditions at the time, as determined exclusively by County and/ or City of Greeley 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 Owners of such Significant Damage. If Property Owners agree that damage was caused by the project, Property Owners shall identify the repair required and shall consult with County and/or City of Greeley 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 Owners identifies Significant Damage prior to receiving notice thereof from County and/ or City of Greeley, Property Owners 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 from Significant Damage, 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 Owners 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 Owners shall submit Off -Site Construction Plans and Cost Estimates to County for review. Property Owners shall have sole responsibility for the completion of the repairs and/or improvements on or before December 15, of the year following County's notice of the need for repairs. 4.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owners' payment for its Proportional Share of the road repairs/improvements will be calculated as determined in this Agreement. Property Owners will be invoiced accordingly for those proportional share costs. 5.0 Calculation of Property Owners' Proportional Share of Costs. The County shall notify Property Owners of County's preliminary determination and assessment of Property Owners' proportional share of costs of maintenance, repair, or improvements to Property Owners' designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owners with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owners' input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owners' proportional share of costs. Property Owners 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 Owners 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 Owners of the required roadway repairs will be given as soon as the data becomes available. 7.0 Notification. The County shall notify Property Owners of County's preliminary determination and assessment of Property Owners' proportionate share of costs of maintenance, repair, or improvements to Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPR18-0011 - OFFSIA21-0006 Page 6 of 14 Property Owners' designated haul/travel routes. Prior to County's fmal determination and assessment, County shall provide Property Owners with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owners' input prior to making a fmal determination and assessment. PART II: GENERAL PROVISIONS A. Engineering and Construction Requirements: 1.0 Engineering Services. Property Owners 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 Exhibit. 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 Owners 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 Owners. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. Right -of -Way and easement acquisition delay shall not result in shut -down of operations or expansions within the three years of off -site improvement phasing. 3.0 Construction. Property Owners shall furnish and install, at its own expense, the improvements (and any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits. The BOCC, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits stated herein upon application by the Property Owners. 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 Owners 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 Owners shall employ at its expense a third -party qualified testing company approved by County. Such third -party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owners' 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 Owners. 5.0 Construction Standards. Design and construction of all future off -site improvements (if triggered), as identified in Exhibit XX shall conform to the current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Criteria. Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPR18-0011 - OFFSIA21-0006 Page 7of14 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 Owners 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 Owners shall provide to County the necessary collateral to guarantee all of Property Owners' obligations under this Agreement: (1) Project Collateral is required for completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period. Collateral acceptance and release is governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 115% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owners fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two-year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owners fails to adequately complete or repair improvements during the warranty period, County may, in its sole discretion, access Warranty Collateral for the purpose of completing such improvements. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 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 the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County at the time of release of Project Collateral or may be submitted separately by Property Owners. 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 Owners 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: Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPR18-0011 - OFFSIA21-0006 Page 8of14 3.2.1 The Property Owners' Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owners have completed improvements as shown on the Exhibit C and/or Exhibit D and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owners' Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from a Development Review Engineer. 3.3 County's Response to Request for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement. Upon approval, the Board of County Commissioners may release said collateral. C. Acceptance of Improvements: 1.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owners 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 Owners shall submit to the Weld County Department of Planning Services a Statement of Substantial Compliance by Property Owners' Engineer along with "as -built" drawings as required in subsection B.3.2.3, 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 Owners 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 Owners, inspect the subject improvements, and notify the Property Owners of any deficiencies. If any deficiencies are discovered, the Property Owners shall correct the deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owners 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 Owners to request the Board of County Commissioners to release the Warranty Collateral. Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPR18-0011- OFFSIA21-0006 Page 9of14 2.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owners and agreed by the County, portions of the improvements maybe placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owners. D. Permits: The Property Owners are 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 Owners 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. E. Enforcement and Remedies: 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owners have violated any of the terms of this Agreement, County shall notify Property Owners of their belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owners shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owners to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owners. In the event that County determines that Property Owners have violated the terms of this Agreement, and have failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. 2.2. Withholding Permits. County may "lock" any or all lots within the Northern Property or Southern 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 Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPR18-001 I - OFFSIA21-0006 Page 10 of 14 or order shall be necessary to access collateral for the purpose of completing improvements as described above. 2.4 Termination of SPR Permits. Property Owners acknowledges that failure to comply with the terms of this Agreement constitutes cause to terminate the SPR permits, and County may exercise this option in its sole discretion by proceeding with termination under the then current provisions of the Weld County Code. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after termination of the underlying land use approvals under Weld County Code Section 23-2-170. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. 3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Property Owners' complete cessation of all activities permitted by the SPR permits including any clean up or restoration required. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination. Unless informed in writing by the Property Owners of cessation of activities, and verified by the County, cessation shall only be presumed if the County determines that the SPR permits have been inactive for three (3) years. Property Owners shall not be entitled to a release of Project or Warranty Collateral unless and until the improvements required by this Agreement are completed. 3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement with any new property owners or operators who have purchased the Northern Property or Southern Property or have assumed the operation of the business permitted by the SPR permits and intends to make use of the rights and privileges available to it through the then existing SPR permits. 3.4 Termination of SPR Permits. This Agreement shall terminate following County's termination of Property Owners' SPR permits, except that the Property Owners 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 Owners' collateral if Property Owners fails to complete such improvements. U ; F. General Provisions: 84 1.0 Successors and Assigns. N m3 g 1.1 Property Owners may not delegate, transfer, or assign this Agreement in whole or in part, c �14.without the prior express written consent of County and the written agreement of the party to whom i„�,� �,' the obligations under this Agreement are assigned. Consent to a delegation or an assignment will ''n not be unreasonably withheld by County. In such case, Property Owners' release of their aim Ir_ obligations shall be accomplished by County's execution of a new Improvements Agreement with EaLM the successor owners of the properties. Mep rm a! � i r`?a a on a— Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPR18-0011- OFFSIA21-0006 A"- Page 11 of 14 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 all parties. 5.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owners, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 9.0 Release of Liability. Property Owners shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim 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. Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPR18-0011- OFFSIA21-0006 Page 12 of 14 10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owners shall provide the County with proof of Property Owners' authority to enter into this Agreement within five (5) days of receiving such request. 12.0 Acknowledgment. County and Property Owners acknowledge that each have read this Agreement, understands it, and agrees to be bound by its terms. All parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permits, 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 terns of the Weld County Code shall control. Great Western Railway of Colorado, LLC — SPR21-0007 - GWIP, LLC - SPR18-0011- OFFSIA21-0006 Page 13 of 14 SOUT P ERTY OWNER: GWIP, LLC By: Date 2 I s'' j / % 23 Name: „ S.-., s� Title: 4Jiurs STATE OF COLORADO County of Denver ) ss. The foregoing instrument was acknowledged before me thisday 202,3_, by Sc fl I� 1 e IP A_ WITNESS my hand and official seal. NORT • :e: l/ �, 7 Title: 11 4,,,, 2.1 Notary Public ERTY OWNER: Great Western Railway of Colorado, LLC Date / ! y63 3 STATE OF COLORADO County of Denver SS. 1 >✓ The foregoing instrument was acknowledged before me this II day o 202 by ,S(3(11'\_ ''`Ole -1\e WITNESS my hand and official seal. WELD COUNTY: ATTEST: Weld C BY: Deputy Cle MICHELLE GARCIA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204028733 MY COMMISSION EXPIRES AUGUST 19, 2024 Notary P blic MICHELLE GARCIA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204028733 MY COMMISSION EXPIRES AUGUST 19, 2024 BOARD OF COUNTY COMMISSIONERS n ► Clerk to the B and WELD COUNTY, COLORADO jtoth 1 ike Freeman, Chair MAY 0 3 2023 Great Western Railway o 0007 - GWIP, LLC - SPR18-0011 - OFFSIA21-0006 e14of14 A} /a2t4 EXHIBIT bB Redland WHERE GREAT PLACES BEGIN GWIP - Tarquin WCR 23.75 Asphalt Paving Opinion of Probable Cost Estimate August 16, 2022 JN: 16003.026 Street Improvements 720.283.6783 Office 1500 West Canal Court Littleton, Colorado 80120 REDLAND.COM QUANTITY UNIT SP0--2-1-c2007 `c2007 UNIT PRICE TOTAL COST Subgrade Prep Asphalt (Full depth - 8" section) Shouldering Lane Striping 3,569 28,552 987 1,352 SY SY-IN SY LF $3.00 $5.25 $36.00 $1.00 $10,707 $149,898 $35,536 $1,352 Street Subtotal $160,605 N otese 1) This estimate is prepared based on the SPR plans for Tarquin dated July 15, 2022, prepared by Redland. 2) Soft costs not included. 3) Landscape and irrigation not included.. 4897567 Pages: 17 of 27 05/11/2023 11:00 and Recorder, W0 d County ; CO 0 Carly Koppes; Clerk III ridRINIIIICIIMMIIIIVFMKI1/21if1/2114tricilllkilyi III III Page 1 ofl EXHIBIT YEARS ri Redland Ems WHERE GREAT PLACES BEGIN 720.283.6783 Office 1500 West Canal Court, Littleton, Colorado 80120 REDLAND.COM Great Western Industrial Park WCR 23.75 Off Site Improvments Summary Exhibit B-1 Off -Site Construction Schedule October 13, 2022 JN: 16003.025 Task Duration Off -Site Improvements Erosion Control Finish Grade Paving 4897567 Pages: 18 of 27 0 Ca 05/11/2023 11:00 iAM d Recorder, $0Wed County CO Carly Koppes vilIJ�1RS4lb'fhN�VwJ`ll��kL'+�RlriNl7AtiiAIM 111111 Page 1 of 1 4 weeks 1 weeks 1 weeks 2 weeks I set 11_11- o0o 7 GREAT WESTERN INDUSTRIAL PARK GWIP P TRANSLOAD SITE PLAN A CERTAIN PORTION or LAND BEING SHOWN AS "RAILROAD RIGHT-OF-WAY DEED. RECEPTION NO. 4249268" ON TIIE RECORDED EXEMPTION NO. 0807-25-1 RECXI6-0067. RECORDED AT RECEPTION NO. 4252390. LOCATED IN TIIE EAST HALF OF TILE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 6 NORTH, RANGE 67 WEST AND TILE WEST HALF OF TILE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. PROJECT TEAM OWNER Great Western Railroad of Colorado LLC 950 Taylor Avenue Loveland, Colorado 80537 CIVIL ENGINEER Redland 1500 W Canal Court Littleton, Colorado 80120 720.283.8783 voice Contact: Mark Caveat. P. E. Email mcevaal@rodland.com COVER SHEET r OCR r0 �_ i:::.;i;. . I SITE 111'1 66it ^� § *1101011 ...jam •`1 CAS iWM FT NM 01 WM MI -- .1,......1 ! e. `i/ 1 l � NOR •. ill _/T 10, NCR 6s 1 A 7;^.°,4 ITCN %� �1. es% 11 g - % k.il, " °Ouonl .► r C I I L `.- 1 t,,� 0 j fly, ` 1r ...J ace 42 V► (/• _ _l re ..." t11allnen RW N :... Oa 60 SSE f� I- C STATE 14O/MAY IA �`^ r 10ma — Iii. VIM' M VICINITY MAP s:nlr - - ,ua Sheet List Table Sheet Number Sheet Title C1.0 COVER SHEET Cr GENERAL NOTES C7A EROSION a SEDIMENT CONTROL SITE o_AN C3A C4.0 GRADING PLAN CS.O SITE DETAILS C0.• SIIE I3EIAILS CS.? SITE DETAILS L.1.1 LANDSCAPE PLAN Know what's below. Call before you dig. P221-vod�l BENCHMARK DESCRIPTION TOWN or Wtw1DSOR DCNCFMMARK 45S 3-' K• ALUMINUM 'ZAP SE T IN CONCRE I E ST AMPS D lam; SURVEYORS WIN.KOOAK.257 1997,' IN THE VICINITY OF THE E. i CORNER OF SECTION 2A, TIN. R67W. LITHE WEST ENTRNC,^.E TO KODAK ROAD, 35 N. Or TIIE CENTER LINE Or KODAK ROAD AND 'MS E. OF THE STOP SIGN. 4897567 Pages: 19 of 27 05/11/2023 11:00 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO I MrdlrillilleinllinkiiiNADVOIIrPilrilliyi �I III YEARS w Redland H WHERE GREAT PLACES BEGIN 7)0 MU *Ha ONe. 1400 woo Cal C•un t ills% COMMIS l.'1• n EEDLAND.CON ENGINEER'S NOTES ANDIOR STORMWAIER MANAGEMENT PLANS. MAINTENANCE OF (X4$TE DRAINAGE EXISTING LEGEND ABBREVIATIONS AND EROSION CONTROL FAUUTIES DURING CONSTRUCTION 9I -A,.1 BE THE PROPERTY ABC AGGREGATE BASE COARSE 1. PROJECT C0NTR0UBENO4MARK RESPONSIBILITY OF THE CONTRACTOR THE REMOVAL CF 'ENPORARY EROSION LINE MASTER REVISION / TRACKING TABULATION ARV AIR RELEASE VALVE TOWN OF WINDSOR BENCHMARK MI5: CONTROL V4EASLRES SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR ROW. HOWEVER tEMOVALS SHALL NUT OCCUR UNTIL -HE GOVERNING JURISDICTION HAS - - - - - - I OT I INF lib MN BOx BASE MANHOLE NUMBER DATE DESCRIPTION SHEETS REVISED 3,25' ALUMINUM CAP SET P4 CONCRETE STAMPED WING SURVEYORS GIVEN APPROVA TO REMOVE ANY OF THE MEASURES. - - - BC RUIN CINl'1 CORNER EASEMENT LINE W 4 -KODAK -2S7 1997.• IN THE VICINITY OF THE E. 114 CORNER OF SECTION », TIN. 1 d7,20/1 tEAM REVIEW ALL SHEETS I5, THE CONTRACTOR SHA.t BF RESPONSIBLE FOR CLEAMNG NEARBY PUBLIC OR BEE BASEMENT FLOOR ELEVATION MOW AT THE WEST ENTRANCE TO KODAK ROAD, 39 N OF THE CENTER LINE OF SECTION LINE KOOA<ROAD AND 16.4 E. or Ti IC STOP SION. PRIVATE STN. E -S OF M,O AND (*BRIS. OUE TO CONSTRUCTION ACTIVITIES. ON A CENTERLINE B.O.P. BOTTOM OF PIPE (ELEVATION) 2 0115001/ TEAM REVEW AU. SHEETS ROAD ELEVATION : 4754, t4 FEE' (NAND 1916 DATUM) DAILY BASIS OR AS CIRECTun BY GOVERNING JURISDICTION PERSONNEL EDGE Of PAVEMENT SW BOTTOM OF WALL 3 9/70011! REVISED PER COMMENTS N I SHEETS 16 THE CONTRACTOR St+Ali :IF RESPONSIBLE FOR THE REPAIR *MICR REP ,ACFMFNI CURB ANC GUTTER ALL t_EVATIONS SHOWN ON THESE PLANS ARE REFCRENCE7 TO Tit PRO& CI CAIV CABLE TELEVISION OF ANY DAMAGED FXISTING IMPROVEMENTS NCIur.INc PITT NOT IIMITFD TO 4 WORM REVISED PER COMMENTS C2.0,CJ.0,C4A BENCHMARK. HORIZONTAL CONTROL. INCLUDING THE BASIS OF BEARING. SHALLOC Y J.A_ Y `'•'•� +• 1"� J'ry CONCRETE CL CENTERLINE PAVEMENT. CURB AM) GUIIER. SKDEWALK, LANDSCAPING, MEGA IION, SIGNAGE, IN ACCORDANCE WITH THE FINAL SUBDIVISION PLAT FOR THIS PROJECT. STRIPING, AND UTILITIES - •- - -- ...•C TFENCE CMP CORRUGATED METAL PIPE 5 10/221201/ REVISED ACCESS VAOTH 20.C3.0.C4.0 RETAINING WALL CONC CONCRETE -HE 17. IF DEWATERING IS TO BE USED -0 INS -AL- UTILITIES OR CONSTRUCT Lp� 7 CONTRACTOR SHABE RESPONSIBLE FOR SAFEGUARDING THE PROJECT LL WATER PERMIT IS K - r- - T-'7- +' WATERLINE DE DRAINAGE EASEMENT BENCHMARK AND OTHER SURVEY MONUMENTS AN) SHALL HAVE A REGISTERED IMPROVEMENTS. A STATE CONSTRUCTION DEWATERING JISCHAHGE EY RAW WATER LINE I AND SURVEYOR TIE OUT AND RESET ANY PROPERTY CORNERS OR SECTION REQUIRED F DISCHARGE IS INTO A STORM SEWER. CHANNEL. IRRIGATION DITCH. OR DIA DIAMETER CORNERS PLANNED 10 'Ht ANY WATERS OF THE UNITED STATES. - NON -POTABLE WATER LINE BE DISTURBED BY CONSTRUCTION Of IHIS PROJECT. r DIP DUCTILE IRON PIPE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR ANY INADVERTENTLY DISTURBED I& THE CONTRACTOR SHALL HAVE IN HIS POSSESSION AT ALL TIMES THE APPROPRIATE IRRIGATION UNE OW DOMESTIC WATER :n, OR DAMAGED MONUMENTS ANC SHALL HAVE THEM REESTAB_JSHED AND REPLACEC EDITION OF THE GOVERNING JURISDICTION DESIGN AND CONSTRUCTION SE RE A REGISTERED AND SURVEYOR ---).- - -E- - SANITARY SEWER 'TIE E EAST STANDARDS, ONE SET OF APPROVED CONSTRUCTION PLANS. STORMWATER >- --0 STORM SEWER EC U0 CI,RVZ RE -URN 'HE MANAGEMENT PLAN• AND ALL REQUIRED PERMITS. ®- A CONTRACTOR SHALL. BE RESPONSIBLE FOR OBTAINING TEE SERVICES OF A - -f- — -' - ELECTRIC LX4E QUALIFIED TESTING LABORATORY TO PERFORM ALL COMPACTION TESTING EG OUSTING GRADE EROTIC 19. ALL 5'REEI, SA HY SEWt` , STORM SEWER AND WATERLINE CONSIW)C'ION NTA ASPRAATT TESTING. CONCRETE TFfTINE AN"7 ANY 0 —HER TESTING AS MAY BF SHALL CONFORM TO THE STANDARDS AND SPECIFICATIONS OF THE APPLICABLE -' - • •3ASLINE ELECT ELECTRIC OR ELECTRICAL REQUIRED TO COMPLETE. IHE WORK TESTING RESULTS MUST BE SAME TED FOR GOVERNING LOCAL AGENCY CURRENT AT THE DATE OF CONSTRUCION ELAN - -- - TELEPHONE LINE El FV ELEVATION ALL PHASES OF THIS PROJECT PER THE APPLICAABLE GOVERNING AGENCIES APPROVA- FOR ELEMENTS OF WORK NOT COVERED BY LOCAL AGENCY STANDARDS -18ER LINE EOP EDGE OF PAVEMENT REQUIREMENTS AND SPECIFICATIONS, ALL CONSTRUCTION SHALL CONFORM TO THE APPROPRIATE OVERHEAD ELECTRIC LINE EMIT EASEMENT THE 4 THE CONTRACTOR SHALL MAINTAIN AT LEAST ONE (1) SET OF -REDLINED' PRINTS OF EDITION OF THE STANDARDS AND SPECIFICATIONS OF COLORADO DEPARTMENT ABLE TELEVISION EX EXISTING -HE 'REDLINED' OF TRANSPORTATION. TYNE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT. AND CONSTRUCTION PLANS. THE PRINTS SHALL BE KEPT CURRENT TO ACCURATELY REPRESENT TIC DIMENSIONS AND LOCATIONS OF ALL WORK INDUSTRY STANDARDS AS APPLICABLE. REQUIREMENTS OF THE COLORADO CONTOUR MAJOR FFE FINISH FLOOR ELEVATION PERFORMED BV THE CONTRACTOR. THE CONTRACTOR MUST PRESENT THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. TEE ENVIRONMENTAL - - - CONTOUR MINOR FG FINISH GRADE PROTECTION AGENCY AND THE U.S. ARMY CORPS OF ENGINEERS. SHALL ALSO BE - 100YR'LOODPLAIN REDLINEC' PRINTS TO THE ENGINEER (REMAND) TIMELY UPON COMPLETION OF FOLLOWED AS THEY RELATE TO THE WORK FL FLOWLINE EACH PHASE OF THE WORK. _ FEMA FL000 PLAIN FM FORCE MAIN -HE 'HE 20. THE COVI RAC OR SHALL PROVIDE AND INPLEMEN I A-TRAFFC CUNT ROL -'UPI' FLOOD HAMS) AREA DELINEATION E. CONTRACTOR SPILL. BE RESPONSIBLE FOR PROMPTLY NOTIFYING RELATED TO ALL CONSTRUCION ACTIVITIES FOR THIS PROJECT. ALL TRAFFIC FO FIBER OPTIC ENGINEER OF ANY PROBLEMS OR POTENTIAL PROBLEMS N CONFORMING TO 'HE WATERS OF THE U.S. DESIGN LINE AND GRADE FOR ANY ELEMENT OF THE CONSTRUE -TON. PRIOR TC CON-ROL DEVICES. STRIPING. N40 SIGNING SHALL BE IV ACCORDANCE WITH THE TRAFFIC G.E. GAS EASEMENT s t i G 6( i9f 1 y 9i4 i CONSTRUCTION. nit CONTRACTOR SEAL or RCSPONSsiE FOR PRONMTI Nt MANUAL ON UNIFORM CONTROL DEVICES tMUJTCJDI NOTIFYING THE FROM THosE PROPOSED LEGEND GR L.71n BREAK ENGINEER OF SITE CONDITIONS THAT DIFFER shown ON THE APPROVED PLANS. PROPERTY LINE CIE GAHAGE FINISH FLOOR 8 IN T-IE EVENT THE CONTRACTOR ALLOWS. AUTHCRZES. AP°ROvES OR RO.W. GM GAS METER CONSTRUCTS ITEMS THAT DIFFER FROM THE APPROVED PLANS. SPECIFICATIONS OR ( OT LINE HOPE DENSITY POLYETHYLENE; OTHER CONTRACT DOCLMFNTS. WITHOUT WRITTEN APPROVN RY TEE FNGINFFRPIPE PIPE ' HE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY LIABILITY ARISING FROM SUCr SETBACK HP HIGH aOW4T CHANGES. EASEAItNI NV BUTTERFLY VALVE T THE CONTRACTOR SHIN I PERFORM AI I WORK ACCORDING TO Al I CITY COUNTY ROAD CENTERLINE IiIV INVERT (ELEVATION) i 'nil i * 0 ! I � i d � • [ i � QI i STATE AND FEDERAL SAFELY AND WEN 114 REGULATIONS IN PARTICULAR 'HE CURB ANT, ran altIO 'RENCIIING AND OPEN EXCAVATION OPERATIONS SHAL COMPLY WITH ALL IRR IRRIGATION -�� CURB ANC GUTTER (SPILL) CURRENT O,S.HA REGULATORY REQUIREMENTS, I. LEFT [, S.l:r;. �: sw IBDCWAx IF I NEAR FFFTwOOT IL -HE CONTRACTOR STALL BE RESPONSIBLE FOR PROVIDING SAFEGUARDS SAFETY 1�—_- k S-OiW SEWER DEVICES. PROTECTIVE EQUIPMENT. MO ANY OTHER NEEDED ACTION TO PROTECT LP LOW POINT > �_ SANRAItY SEWER -HE LIFE. HEALTH AND SAFETY OF THE PUBIC MID TO PROTECT PROPERTY IN MAX MAXIMUM CONNECTION WITH THE PERFORMANCE Or WORE COVEREDBY THE CONTRACTOR. - — - — — — IEN(>H DRAW ME NATCIi EA09TI4G W WATER I INF 9. HE CONTRACTOR SHALL NE HESPO(VSIBIE FOR THE JOB 91TE CONDITIONS MK MANHOLE THROUGHOUT THE DURATION OF CONSTRUCTION_ INCLUDING G SAFEOF ALL IRR IRRIGATION UNE Mn MJM MINIA ER PERSONS ARC PROTECTION OF PROPTY. THIS 4EOUIREMENT SHALL APPLY P NONPOTABLE WATER LINE CONTINUOUSLY AND NOT BE LIMITED ONLY TO WORMING HOURS. THE CONTRACTOR N NORTH RA RAW WATER LINE SHALL DEFEND INDEMNIFY AND HOLD THE OWNER. THE ENGINEER AND 'HE NP NON -POTABLE GOVERNING JURISDICTION I(ARMLESS FOR ANY AND ALL LIA3ILRY IN CONNECTION I MANHOLE*, OIA. (FT.) PC POINT ON CURVE WITH THE PERFORMANCE OF WORK. EXCEPT FOR LIABILITY ARISING FROM THE SOLE •• INLET PCC POINT OF COMPOUND CURVE NEGLIGENCE OF THE OWNER. THE ENGINEER OR THE GOVERNING JURISDICTION.i RI FLARED ENO SECTION pCR POINT OF CURVE RETURN THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING SAFE. PASSABLE l; WATER KENO PRIVATE THE PL PROPERTY LINE i - ACCESS TO PROPERTIES ADJACENT TO THE WORM THROUGHOUT Yf+ WATER CROSS PFRIOD OF CONSTRUCTION. PRC POINT OF REVERSE CURVE rgr WATER TEE 'HE TYPE. PROP. PROPOSED t t. SIZE• LOCATION. AND NUMBER Of UNDERGROUND UTILITIES ARE • WILIER REP ICFR APPROXIMATE WHERE SHOWN0N THE PLANS AND WERE TAKEN FROM RECORDS OF PT POINT OF TANGENCY THE CONTR01 I AG AGENCIES A DIOR FROM MARKINGS IN THE FIR 0 BY AN AGENCY • WATER VALVE PYt; POLYVINYL CHLORIDE PPE . _ ANOIOR UTILITY LOCATING CONTRACT Ott "HE EN GSNEER ASSUMES NU V FIRE HYDRANT R RADIUS OR RIGHT RESPONSIBILITY FOR THEIR COMPLETENESS OR ACCURACY. IT SHA-. BE -HE ] } PLUG/CAP RESPONSIBILITY OF THE CONTRACTOR TO THE MO R.O.W. RIGHT OF WAY VERIFY EXISTENCE LOCATION a SANITARY SEWER SERVICE OF AL_ UNDERGROUND UTILITIES ALONG THE ROUTE Of THE WORK ANC INDICATES INDICATES NON -TYPICAL LOCATION) 'HE 'Hi: RCF REINFORCED CONCRETE PIPE PAR TILOPA,t IN RESOLUIKIN OF ANY CONFLICTS PRIOR TO WATERSERVICE COMMENCEMENT OF CONSTRUCTION. ('INDICATES NON -TYPICAL LOCATION) S SOUTH 12. -HE CONTRACTOR SHALL CONTACT THE UTILITY NOTIFICATION CENTER OF 4'IiD UTILITY CROSSING COLORADO rOR THE LOCATION OF UNDERGROUND GAS ELECTRIC AND 9.OJALE. SIDEWALK DRAINAGE. AND MAINTENANCE EASEMENT COMMUNICATION UTILITIES AT LEAST 46 HOURS PRIOR TO CONSTRUCTION (CALL 11 UNi3t1iDHA1N WI SIZE {IN.; RETAINING WALL S.M.E. SIDEWALK AND MAINTENANCE EASEMENT OR 1400.972-19671. THE CONTRACTOR SHALL ALSO NOTIFY OTHER APPLICABLE UTILITY COMPANIES TO OBTAIN FIELD OP ALL EXISTING UTILITES PRIOR TO'11160 CONTOUR MAJOR S.W.E. SIDEWALK EASEMENT LOCATES CONSTRUCTION. SO STORM DRAIN 5251 CONTOUR MINOR ENGINEER'S NOTES (CONTD) j-" SPOT ELEVATION SS SANITARY SEWER SLOPE ARROW 13 -HE CONTRACTOR ALL TO S> NH SANITARY SEWER MANHOLE SHALL. CONTACT UTILITY COIVPAVVIES COORDINATE SCHEDULES PRIOR TO THE COMMENCEMENT CE CONSTRUCTION ASHALL BE I4 t MAX W_ESS NOTED OTHERWISE I NC STA STATION RFSPONSIRL F FOR COORDINATION OF Al NECESSARY UTII RY R=I OCATTONS DIRE - - LIMITS Cr CONSTRUCTION / SAWCUT 5 T STORMWAI ER THE APPROPRIATE PEDESTRIAN ACCESSIBLE ROUTE LTEITY COMPANY. STN MH STORBUWATER MARKS F 14, -EWPORARY EROSION CONTROL MEASURES SHALL BE PROVIDED BY 'HE Q V ©e © LOT TYPE "BC TOP BAC4OF CURB CONTRACTOR DURING CONSTRUCTION AS IDENTIFIED IN THE EROSION CONTROL ► _ _ 4 LINE OF SIGHT 'BIN TOP BACtOF WALK W I Z GREAT WE C GEI C TOP OF CURB - OVER FLOW ARROW TOF TOP OF FOUNDATION T.O.P, TOP OF PIPE (ELEVATION) TW TOP OF WALL TYP TYPICAL U.E. UTILITY EASEMENT - — - BENCHMARK DESCRIPTION VC VERTIEA..W CURVE WEST TOWN OF VIM40SOR BENCHMARK X65 WI WATFRT.INE 3-•M•ALUMINUM CAP SLUE CONCREItSIANPEJ-KEE very' !C ClI 1 WM WATER METER SURVEYORS Y.K NCOAK-25? 1997.' IN THE VICINITY OF THE E. I CORNER OF SECTION 2M, TIN• R17W. ATTHE WESTENTRANCE WV WATER VALVE TO KOOKS ROAD. 35' N. OF THE CENTER LINE OF KODAK ROAD AND MSS' E. OF THE STOP SIGN. ELEVATION ' 414. /4 FEET CNAVO 361 4897567 Pages: 20 of 27 05/11/2023 11:00 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III jJVi IWYN4 rPi lag liCj I am Nil 5 ilk II II 4897567 Pages: 21 of 27 05/11/2023 11:00 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County , CO III AVON: hi:11d14h404tiliJintiILhlMIU 11111 LEGE... FE'T,'E aDnaTIVEL"' ISEE LANDncaPE PLANS En. AEPHUT eExEMDVED EX asPHALTTD xEMAIN NOTES; +) sUDGNADE TO DE MDISrUNE DDNIXIIonEDTD MPRopMATELVWNMUM MDIGNaE CDNiErvTPWOR TO PaLTIDn, WITH DPMfUM MGIsiVxE cONTENr a9 v Pg41rtoT-1ao, UnLE55 OINENWISE aLDxaDD. LLL EN oaoA : P.FERTYUNE TDWN DP WINDSDNnr 3�1�'ALUNINUM CAP SET a� scgE: i. = sD• 3TAMPEO'NING E VICINItt pFTNE E., ,HE VIESTENTRANLE uxE DPrcaoac xanD 5 C3.0 4897567 Pages: 22 of 27 05/11/2023 11:00 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County ; CO 1111 rlLR�l�fily'�I�'4i��i 1160111A 11111 cREATwEsrENn RAarvcAnoF coLONAGc. uc ua Na`�A9s�s�' NOTES: , I , ILaVC GRAIN I.INE6 ARE Ta sE svR sfi. V 31 TH1991TE. ALIIGECIECHNICALACCN01TI0N9 WEflE 6A9EC Y T[RRAvvry vATEG f4101IfT FVR TAPPiL /600�5vUT�1WC5Tq ATFIEGWIPTMN9Lvao9RE � i� e� 5CALE� 1"= 30' 611.1 C4.0 es: 23 of 27 ""1/"23,1L.0,3 5/1 15 2023 11 : 0067 9PM R Fee : y0.00 Carly Koppes, Clerk and Recorder Weld County CO ■III l r rl.'C1i l�r'11�L�U�hI I I��I I ,'� '�K�vY.�� dY h 11111 Vehicle Tracking Control (VTC) SM-4 SM-4 Fl SECTION A Er) VTC-1. AGGREGATE: VEHICLE TRACKING CONTROL ]o ❑maN nmlm]�onawooa amwi nemN WMnFmm�O nvpe knv Mvnwl Vnlnme] Oldcastle Roca Vehicle Tracking Control (WC) «x-\ .t. �-YRUN 9MCc FCTION A vrumnmv,aP��mlmm�c�owla In UfimAnrmnminaga Cnada Mm�ml Vvlumn3 Silt Fence (SF) Nmember ]010 SC -1 Nm<mFm101x UMn nminage nml Pgdl ('vnwl nistrim U.5w�Srormpunars cnlvria Monuvlvolwn] SM-4 Vehicle Tracking Control (VTC) . n uvr jvyoj wRwRfalNiigsl (wirN(Mrxov rixm vwµ pswniaa�wa0Wo iRW a vElkxrtl A IXiNM mmE 4EN[L5 Aa'[SMS mCno rvSlfiuvEtmvMAiF-IroMPPAvmlA5-5m Pams a NS/�JI, Ppm�P to I�icpT.Mtv�uorl�rA�rz mwuiEo 9rFNl41sL 11.1 ss : NE41,11nu l noc4swu Mxsur V M. stgrata �we,rt m w,v�sx w.4xcmnRm, �nem3,m m rxe srwa,=m vrNm r>na�� Boa wa�a Cocwl nl w;r, Uaav Smnv Ualnvleedmav Menuil.Vvlmnc 3 SC4 Silt Fence (SF) avian niiCrsi iMrt[r lxs nj:vcrroE Cmr�s� Iti�wnuE vo'+ rrc+Pen"e°r"x+�rvn a wcx a T, 711 12. PCPs om,eo oar a uw.o4 a xo .or _ va`t• m itswan st, ,,a ro" r`ix mm ,m9m,. xwo w� xm.a.ee on a ,r .rmN.ro,:.non e�+�u+wemirnm+ ursaxn�:m�arlNmcm�wl n,wn u�na� cm�nnminose c�;m;ole�mal vanm�a 1, ra za Z Q_ u~i3 f7 yH 111 C5.0 4897567 Pages: 24 of 27 05/11/2023 11:00 AM R Fee:$0.00 Carly Koppes, Cleric and Recorder, Weld County , CO iii IrdIV'R LiF: WI4CIPhlI ilil y II II TION TRENCHED SEDIMENT CONTRSECOL LOG QIICII IIIIIIII .. sw , T;In�-• / 11111112111111116 LOG JOINTS SCL-1. 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VW Ufim Onimgs W Plnm, CaomH Wmlm Urhvn SmmDrnimRe Mkdn Maoml VWwe] 010 g a xas C5.2 4897567 Pages: 26 of 27 05/11/2023 11:00 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO Redland a fh HE rF,EAi Pi CES BEGIN <N J,p,`�- SsNflf PIPE ,DTI GENERAL 7� N .e DOLffiE PIPE NDTE wxw gc viiwwi. n[o�, / °�a mom&° wr mm um mxvx,m �� . t�a .m� maGtir � osmNx � aea u I« l ,e,. . i u "ia i "i'„ iaM miaw PIPE DUTLET PAVIND w.a� mm�� nx= oeai,s ,:eia•• CDNCRETE DUMT/TIES FOR DIE CONCRETE NFMWN I (CUgIE. TAgp5f p D ,nwuns x.Nxw - � D ,-;.-.7..-- w_ap.,o A wie meem, H -nu ..sa, � � i 9 .ii `'ill$ • a • • n• nn ,_ CIRCULAR T- HMJflia ix B = Is p.ewxw,n L•W�B MCH <R ELLIPT[CPL w-aD.lr T-u•H,e..,¢;, Ixl H=,„ nwwn L=W�e ae TYPE DG PIPG yFMWN L D,MFNttnNS TYPE !IF PIPE HEMWN I DIMENSIONS PIPE DUTI ET PAVING (LUHIC YAPOH) ��«o,aa� «smel xcomPoter^Fle'^rermatwn R.w.lo,m c,:...gorlamsrt oe Trumporlaum HEADWALLSAND STANDARD PLAN NO. — , N n m°° PIPE OUTLET PAVING M601-Iz m ww x•+ � Project OevNPpmenl Hrmch DD/LTA fm« ev.waResn.•wyr.::, nv,�n Nr •. ua Sh4Ht No. l Df ) U 33'o tk� -c5 GREAT WESTERN INDUSTRIAL PARK GWIPTRANSLOAD SITE DETAILS O5.3 4897567 Pages: 27 of 27 05/11/2023 11:00 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Contract Form New Contract Request Enter Information Entity Name' GREAT WESTERN RAILWAY OF COLORADO Entity ID' 800013433 ❑ New Entity? Contract Name. Contract ID IMPROVEMENTS AND ROAD MAINTENACE AGREEMENT 6827 GREAT WESTERN RAILWAY OF COLORADO LLC SPR21-0007 Contract Status CTB REVIEW Contract Lead JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez@weldgov.c om Parent Contract ID Requires Board Approval YES Department Project # Contract Description' IMPROVEMENTS AND ROAD MAINTENACE AGREEMENT GREAT WESTERN RAILWAY OF COLORADO LLC SPR21-0007 COLLATERAL IN THE AMOUNT OF $184,696.00 PROVIDED IN THE FORM OF PERFORMANCE BOND NO. DVHNSU0830753, ISSUED BY HARCO NATIONAL INSURANCE COMPANY IS PROVIDED Contract Description 2 Contract Type' AGREEMENT Amount' $184,696.00 Renewable. NO Automatic Renewal Grant Department PLANNING Department Email CM-Planning8'weldgov.com Department Head Email CM-Planning- DeptHeadcweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@WELDG OV.COM Requested BOCC Agenda Date' 04/24/2023 Due Date 04/20/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* 04/24/2024 Renewal Date Termination Notice Period Contact Information Cont ct Info Contact Name Purchasing Committed Delivery Date Expiration Date* 04;24/2025 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOM PARKO JR. DH Approved Date 04/14/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05/03/2023 Originator JTRUJ I LLOMARTI NEZ Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 04/14/2023 04/15/2023 Tyler Ref # AG 050323 SITE PLAN REVIEW Administrative Review Case Number: Site Plan Review No. SPR18-0011 Applicant: Great Western Railway of Colorado LLC Planner: Diana Aungst Legal Great Western Railroad Right -of -Way: Portion of Lot B of Amended Recorded Exemption Description: AmRE-833 being part of the E2NE4 of Section 25, T6N, R67W and W2NW4 of Section 30, T6N, R66W of the 6th P.M., Weld County, Colorado* Zoning: 1-3 (Industrial) Parcel Number: 0807-25-1-00-023 Proposed Use: A Site Plan Review Permit for Transloading, from rail to truck and truck to rail, (office trailer, storage containers, and two truck weigh stations for the railroad) in the Industrial (1-3) Zone District Site Plan Review Standards Comments Meets the Intent of the Weld County Code Site Plan Certification Included in Application YES Drainage Facilities Per Public Works referral dated August 29, 2018 YES Offstreet Parking Per Sections 23-3-350.B. and 23-4-10. thru 23-4-40. YES Loading Area Per Sections 23-3-350.C. and 23-4-50.A. thru 23-4-50.E. YES Access Per Public Works referral dated August 29, 2018 NO Setback Requirements Per Section 23-3-350 F.1. YES Offset Requirements Per Section 23-3-350 F.2. YES Landscaping Per Section 23-3-350.G. Show 15% as landscaping YES Trash Collection and Storage Per Section 23-3-350.H. YES Potable Water Per Section 23-3-250.A.7. bottled water YES Sewage Disposal Per Section 23-3-250.A.8. portable toilets YES Environment Standards Per application YES Property Maintenance Per Section 23-2-160.U.7. and Section 23-3-250.B.7. YES Narrative: This SPR is located on a 9.53 -acre lot that contains two rail spurs. The applicant is proposing an 8'x40' conex office (mini mobile) and two truck scales. The 1-3 zone requires a 25 -foot setback and a 10 -foot offset. The structures are no closer than 25 feet to any property line. According to the application materials there will be no more than 2 employees onsite at any one time and the employees will not be there for more than 2 hours. The site will be serviced by portable toilets and SPR18-0011 Page 1 of 5 bottled water. The applicant will need to show the parking stalls on the site plan. This site is zoned 1-3 (Industrial) and the properties to the south is 1-3 and railroad tracks are north and west. The property to the west of the site is residential. Screening is required between the 1-3 uses (subject site) and residential uses. The maximum lot coverage allowed is 85% of the Lot. The Lot coverage is proposed to be 62%. A 10 foot landscape buffer is proposed and the application materials include a maintenance plan to control weeds. *Background: The subject property was created in 2016 when RECX16-0067 was processed. RECX16-0067 Amended Lot B of AmRE-833 and reduced Lot B in size by about 8 acres. Lot B was reduced from 68.7 acres to 59.2 acres. The remaining eight (8) acres became part of the railroad right-of-way for Great Western (Omnitrax) railroad. The eight (8) acre railroad right-of-way was created by deed. This process allowed Great Western to retain the right to split Lot B of RECX16-0067 in the future as the Code allows lots in the Industrial Zone District to be split once with the Recorded Exemption process. This site plan review is approved with the attached conditions: 1. Prior to recording the Site Plan Review Map, the applicant shall address the following to the Department of Planning Services' satisfaction: A. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Department of Public Works) B. The applicant shall install a fence or vegetation that is at least 89% opaque along CR 23 3/ to screen the view of the of the transloading facility from the residential uses to the west. (Department of Planning Services) C. The applicant shall submit a Landscape Plan that shows the screening materials required in "C" above and the remaining 10 -foot landscaped buffer adjacent to the public right-of-way. (Department of Planning Services) D. The map shall be amended to delineate the following: 1. All pages of the Site Plan Review Map shall be labeled Site Plan Review SPR18-0011. (Department of Planning Services) 2. The Site Plan Review Map shall be prepared in accordance with Section 23-2-160.W of the Weld County Code. (Department of Planning Services) 3. Show and label the parking stalls, including the dimensions. (Department of Planning Services) 4. Bold the property line for the subject site not Lot B of RECX16-0067. (Department of Planning Services) 5. Use the legal that is on Exhibit A of the deed for the legal description. (Department of Planning Services) 6. Delete the text, "FLOODPLAIN SECTION TO BE DETERMINED APPX. BFE" and "MOBILE OFFICE TO FLOODPLAIN" with the arrow. The mobile office is in the floodplain. (Department of Planning Services) 7. Delete the word "PROPOSED" from the site plan map. In all instances. (Department of Planning Services) 8. Provide easement documents that show that this site has permission from Lot B of RECX16- 0067 to access the site. (Department of Planning Services) SPR18-0011 Page 2 of 5 9. Show and label all the exterior lighting. Lighting shall comply with the requirements and standards for off-street parking spaces per Section 23-4-30.E, Section 23-2-250.D and Section 23-3-250.B.6 of the Weld County Code and the dark sky policy. (Department of Planning Services) 10. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) 11. County Road 23 3/ is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 12. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 13. Show and label the approved tracking control on the site plan. (Department of Public Works) 14. Show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 15. The applicant shall show the drainage flow arrows. (Department of Public Works) 16. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) E. The following notes shall be placed on the map: 1. A Site Plan Review Permit for Transloading, from rail to truck and truck to rail, (office trailer, storage containers, and two truck weigh stations for the railroad) in the Industrial (1-3) Zone District. 2. In the event that a portion of the lot is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. 3. In accordance with the Weld County Code, no land, building or structure -shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. 4. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C., 23-D., and 23-E. of the Weld County Code. 5. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County -wide Road Impact, the County Facility Fee, and the Drainage Impact Fee Programs. 6. Landscaping materials as indicated in the approved Landscape/Screening Plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. SPR18-0011 Page 3 of 5 7. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1504E effective date January 20, 2016 (John Law Ditch Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man- made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 8. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. 9. The property owner shall control noxious weeds on the site. 10. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. 11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 12. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 13. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. 14. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible updates. 15. The historical flow patterns and runoff amounts on the site will be maintained. 16. Weld County is not responsible for the maintenance of onsite drainage related features. 17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30- 20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 18. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. 19. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 20. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 21. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S. 22. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For 10 or less customers per day or employees and 2 or less full time employees on site, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers SPR18-0011 Page 4 of 5 23. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing area shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 24. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations 25. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. 26. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. 27. The facility shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 28. The facility shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 29. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 30. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. 2. The applicant shall submit one (1) electronic (.pdf) copy of the site plan review map for preliminary approval to the Department of Planning Services. Upon approval of the map, the applicant shall submit a Mylar, along with all other documentation required as conditions of approval. The Mylar shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar and additional requirements shall be recorded within one hundred twenty (120) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. If the Site Plan Review Map has not been recorded within one hundred twenty (120) days from the date the administrative review was signed, or if an applicant is unwilling or unable to meet any of the conditions within one hundred twenty (120) days of approval, the application will be forwarded to the Weld County Code Compliance for violation. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. 3. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. This site requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for tracking control. (Department of Public Works) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) Site Plan Review conditionally approved by: (- Date: October 30, 2018 Diana Aungst, Plan r II SPR18-0011 Page 5 of 5 Case Number. Applicant: SITE PLAN REVIEW Administrative Review Site Plan Review SPR21-0007 GWIP LLC c/o Dean Brown 2005 Howard Smith Avenue, Windsor, CO 80550 Parcel Number 0807-25-1-00-029 Planner Diana Aungst Representative: Redland, c/o Mark Cevaal 1500 W. Canal Court, Littleton, CO 80120 Location: North of and adjacent to CR 64 1/2 and east of and adjacent to CR 23 3/4 Legal Lot B of Recorded Exemption RECX16-0067; being part of the E2NE4 of Section 25, T6N, Description: R67W and the W2NW4 of Section 30, T6N, R66W of the 6th P.M., Weld County, CO Zoning: 1-3 (Heavy Industrial Zone District) Size: +/- 60.56 acres Proposed Use: A Site Plan Review for transload of chemicals from railcar in the 1-3 (Heavy Industrial) Zone District per Section 23-3-330.C.35 of the Weld County Code. Site Plan Review Standards Comments Meets the Intent of the Weld County Code Site Plan Certification Add the Site Plan Certification to the SPR map NO Stormwater Management Per Engineering referral dated August 17, 2021 provide a Final Drainage Report and Certification of Compliance. NO Offstreet Parking Per Sections 23-4-10. thru 23-4-40. YES Loading Areas Per Sections 23-2-160.P and 23-4-50.A. thru 23-4-50.E. YES Street Access Per Section 23-2-160.R - Per Engineering Referral dated 8/17/2021 an easement is required. NO Setback Requirements Per Section 23-3-340.A — show and label the setbacks on the SPR map YES Offset Requirements Per Section 23-3-340.6 — show and label the offsets on the SPR map YES Landscaping Per Section 23-2-160.M. — show and label the landscape buffer on the site plan map YES Trash Collection and Storage Per Section 23-2-160.T. — none proposed YES Potable Water Per Section 23-2-160.F. - Proposed NWCWD Tap YES Sewage Disposal Per Section 23-2-160.G. — Portable toilet or equivalent YES Operation Standards Per Section 23-2-160.0 YES SPR21-0007 — GWIP, LLC Page 1 of 8 Narrative: The applicant, Tarquin Coolpro, LLC is proposing a Site Plan for a transloading facility. Tarquin Coolpro LLC provides petrochemical distribution. This use provides chemicals to the industrial and oil and gas industry. The site will be a transload from rail car to truck. A new rail spur, one (1) 8'x40' conex-type office trailer and three (3) parking stalls are proposed for the site. There is one (1) full-time manager, five (5) full-time truck drivers, and one (1) full-time yard hand. There are two (2) shifts of twelve (12) hours. The hours of operation are proposed to be 24 hours/day— 7 days/week. The site shall adhere to the minimum required landscaping of 15% surface area. A 10 -foot landscape buffer along both County Road 23 3/4 and CR 64 1/2 is required. The landscape buffers are required to be shown and labeled on the site plan map. A Landscape Plan for a portion of CR 23 3/4 was submitted in the application materials as part of the draft SPR map set. The setback is twenty-five (25) feet from the rights -of -way and the offset is ten (10) feet from adjacent lot lines. The setbacks and offsets are required to be shown and labeled on the site plan. Any signage will adhere to the Weld County Sign Code. Lighting on -site will be downcast and shielded to avoid glare on the adjacent properties and roadways. The details of the lighting and signage will need to be shown on the site plan. The applicant has addressed the concerns of the Office of Emergency Management. No loading area or trash collection area are proposed with this facility. The building is too small fora loading area and the site will be used for transloading. The applicant has submitted a floodplain permit that demonstrates that the Zone A floodplain per FEMA is erroneous. This floodplain permit FHDP21-0013 has been reviewed and approved. This site plan review is approved with the attached conditions: 1. Prior to recording the Site Plan Review Map: A. An acceptable Final Traffic Impact Study, stamped and signed by a Professional Engineer registered in Colorado, shall be submitted. (Department of Planning Services - Engineer) B. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. These off -site improvements will include but not be limited to the applicant's proportional share of the costs of the proposed CR 23.75 and CR 64.75 intersection realignment and of any traffic mitigation measures that are determined to be necessary. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Department of Planning Services - Engineer) C. An acceptable Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Planning Services - Engineer) D. The applicant shall submit a recorded copy of a drainage easement agreement signed by all of the owners of the properties where the stormwater features exist and are proposed. The stormwater drainage easement shall be referenced on the SPR map by the Weld County Clerk and Recorder's Reception number. (Department of Planning Services - Engineer) E. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the properties crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the SPR map by the Weld County Clerk and Recorder's Reception number. (Department of Planning Services - Engineer) SPR21-0007 — GWIP, LLC Page 2of8 F. The applicant shall attempt to address the concerns of the City of Greeley, as stated in the referral response dated August 3, 2021. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall attempt to address the concerns of the Town of Windsor, as stated in the referral response dated July 22, 2021. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) H. The applicant shall develop a Decommissioning Plan for the facility for review and acceptance by the Department of Planning Services. (Department of Planning Services) I. The applicant shall develop a Communication Plan with the surrounding property owners, for review and acceptance by the Department of Planning Services. (Department of Planning Services) J. The map shall be amended to include the following: 1. All pages of the Site Plan Review Map shall be labeled Site Plan Review SPR21-0007 Sheet 1 shall include the legal description. (Department of Planning Services) 2. The Site Plan Review Map shall be prepared in accordance with Section 23-2-160.W of the Weld County Code. (Department of Planning Services) 3. Add the signature blocks per Section 23-2-160.W.17 of the Weld County Code. (Department of Planning Services) 4. The map shall delineate the existing and proposed structures and improvements. (Department of Planning Services) 5. The map shall include all four (4) building elevations. (Department of Planning Services) 6. The map shall delineate the location and layout of the areas for outdoor storage, if applicable. (Department of Planning Services) 7. Include a table that states the percentage and square footage of the surface types including landscaping. (Department of Planning Services) 8. All outdoor storage shall be screened from public rights -of -way and adjacent properties. Show and label the screening and include a detail and specifications of this screening on the site plan. (Department of Planning Services) 9. Show and label any fencing and include a detail and specifications of the fence on the site plan. (Department of Planning Services) 10. Show and label the employee and customer parking areas. There shall be one (1) paved handicap van accessible parking stall shall be provided for each twenty-five (25) regular parking stalls or fraction thereof. (Department of Planning Services) 11. All outdoor storage of equipment or materials shall be screened from public rights -of -way and adjacent properties. Show and label the screening and include a detail and specifications of this screening on the site plan. (Department of Planning Services) 12. Show and label any signage on the site plan. (Department of Planning Services) 13. Signage shall comply with the requirements and standards per Sections 23-4-60 thru 23-4-120 of the Weld County Code. Show and label any building -mounted or freestanding signage on the site plan and provide a dimensioned detail of the sign, not including sign content, if applicable. (Department of Planning Services) SPR21-0007 — GWIP, LLC Page 3 of 8 14. Show and label the fencing and include a detail and specifications of the fence on the site plan. (Department of Planning Services) 15. The applicant shall delineate the following information on the Site Plan Review Map in accordance with Section 23-3-340.D. of the Weld County Code. (Department of Planning Services) A. No more than eighty-five percent (85%) of the total area of a lot in any Industrial Zone District shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers, covered by decorative gravel or wood chips, or otherwise suitably landscaped. (Include a table that shows the landscape breakdown and a landscaping installation and maintenance schedule) B. That portion of a lot in any Industrial Zone District which abuts a public or private street right-of-way shall be landscaped for a distance of ten (10) feet, measured at a right angle from the lot line towards the interior of the lot. Sidewalks and driveways may pass through the required landscaped areas. 16. Lighting shall comply with the requirements and standards including the lighting design for off- street parking spaces per Section 23-2-160.U.6., and Section 23-4-30.E. of the Weld County Code. Show and label light poles and include a lighting cutsheet with details, if applicable. (Department of Planning Services) 17. Show and label the location of the trash collection areas and provide a dimensioned detail of the enclosure, if applicable. (Department of Planning Services) 18. Show and label the required setbacks and offsets on the Site Plan Review Map in accordance with Section 23-3-340.A & B. of the Weld County Code. (Department of Planning Services) 19. Show and label all recorded easements and rights -of -way on the map by book and page number or reception number. (Department of Planning Services) 20. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services — Floodplain) 21. North of the intersection with CR 64.75, County Road 23.75 is a gravel road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Planning Services - Engineer) 22. South of County Road 64.75, County Road 23.75 is under the jurisdiction of the City of Greeley. Please contact the municipality to verify the right-of-way requirements. Show and label the right-of-way on the site plan. Show and label the existing intersection of CR 64.75 and CR 23.75 on the site plan. (Department of Planning Services - Engineer) 23. County Road 64.5 is under the jurisdiction of the City of Greeley. Please contact the municipality to verify the right-of-way requirements. Show and label the right-of-way on the site plan. (Department of Planning Services - Engineer) 24. Show and label the approved access location, approved access width and the appropriate turning radii on the site plan. (Department of Planning Services - Engineer) 25. Show and label the approved tracking control on the site plan. (Department of Planning Services - Engineer) SPR21-0007 — GWIP, LLC Page 4of8 26. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Planning Services - Engineer) 27. Show and label a 30 -foot minimum access and utility easement to provide legal access to the parcel on the site plan. (Department of Planning Services - Engineer) 28. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention/Retention No -Build or Storage Area" and shall include the calculated volume. (Department of Planning Services - Engineer) 29. Show and label the drainage flow arrows. (Department of Planning Services - Engineer) 30. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services - Engineer) 2. The following notes shall be placed on the map: 1. A Site Plan Review, SPR21-0007, for transload of chemicals from railcar in the 1-3 (Heavy Industrial) Zone District per Section 23-3-330.C.35 of the Weld County Code. 2. In the event that a portion of the lot is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. 3. The number of employees shall consist of one (1) full-time manager, five (5) full-time truck drivers, and one (1) full time yard hand. 4. The hours of operation shall be 24 hours/day — 7 days/week, as stated in the application materials. 5. In accordance with the Weld County Code, no land, building or structure -shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. 6. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives of the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 8. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -wide Road Impact Programs. 9. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 10. Landscaping and screening materials as indicated in the approved Site Plan shall be maintained at all times. Required landscaping and screening shall be installed within one (1) calendar year of issuance of a building permit or commencement of use, whichever occurs sooner. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. SPR21-0007 — GWIP, LLC Page 5 of 8 11. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -1504F dated September 17, 2020 (Cache la Poudre River Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 12. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. 13. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 14. Future right-of-way for the realignment of CR 64.5 and CR 64.75 shall be reserved based on coordination with the City of Greeley concerning the future functional classification of the road and the proposed alignment. All setbacks shall be made from the edge of the future right-of-way. 15. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 17. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 18. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. 19. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 20. The historical flow patterns and runoff amounts on the site will be maintained. 21. Weld County is not responsible for the maintenance of onsite drainage related features. 22. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 23. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. 24. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 25. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 26. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S. SPR21-0007 — GWIP, LLC Page 6of8 27. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 28. Any On -site Wastewater Treatment System located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems, as applicable. 29. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For 10 or less customers or visitors per day, 2 or less full-time employees on site, and employees or contractors that are on site for less than 2 consecutive hours a day, portable toilets are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from public view. 30. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 31. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 32. The facility shall notify the County of any revocation and/or suspension of any State issued permit. 33. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. 34. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 35. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map and the approved use and type of occupancy. Major changes from the approved Site Plan Review map, use or type of occupancy shall require the approval of an amended Site Plan Review by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists, in which case a new Site Plan Review application and processing shall be required. Any other changes shall be filed in the Department of Planning Services in the approved Site Plan Review file. 36. Construction of improvements pursuant to approval of a Site Plan Review shall be commenced, and continual progress shall be made, within three (3) years from the date of approval, or the approval shall terminate thirty (30) days following notice to the applicant. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the landowner. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. 37. Approval of a Site Plan Review shall terminate when the use is discontinued for a period of three (3) consecutive years or a new Site Plan Review is approved. Should the Department of Planning Services observe or receive credible evidence of a discontinuance for a period of three (3) consecutive years, the Department Director shall notify the applicant and property owner by first- class mail of such termination. The Director's decision to terminate the approval of the Site Plan Review may be appealed by the applicant and/or property owner pursuant to the provisions of Chapter 2, Article IV, Section 2-4-10 Appeals Process of the Weld County Code. SPR21-0007 — GWIP, LLC Page 7 of 8 3. The applicant shall submit one (1) electronic (.pdf) copy of the site plan review map for preliminary approval to the Department of Planning Services. Upon approval of the map, the applicant shall submit a Mylar, along with all other documentation required as conditions of approval. The Mylar shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar and additional requirements shall be recorded within one hundred twenty (120) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. If the Site Plan Review Map has not been recorded within one hundred twenty (120) days from the date the administrative review was signed, or if an applicant is unwilling or unable to meet any of the conditions within one hundred twenty (120) days of approval, the application will be forwarded to the Weld County Code Compliance for violation. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. 4. Prior to Construction: A. The tracking control shall be constructed prior to on -site construction. (Department of Planning Services - Engineer) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services - Engineer) 5. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office of Emergency Management and the Windsor -Severance Fire District. The plan shall be reviewed on an annual basis by the, Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Weld County Department of Planning Services. (Department of Planning Services) Site Plan Review conditionally approved by: �fJ �' Date: September 14, 2021 Diana Aungst, Planner SPR21-0007 — GWIP, LLC Page 8 of 8 Hello