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Home My WebLink About20231227.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW /0 "--OtY& PASS -AROUND TITLE: BOCC Agenda Item - Approve Assignment of Road Maintenance During Construction Agreement for: Estromina CO Greeley Land, LLC — USR21-0020 DEPARTMENT: Planning Services DATE: April 18, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, Estromina CO Greeley Land, LLC, requesting that the Board of County Commissioners consider approving the Assignment and Assumption of Road Maintenance During Construction Agreement for (USR21-0020) from Estromina CO Greeley Land, LLC to ECA CO Greeley, LLC. No collateral is required with this agreement. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original Assignment and Assumption document and recommends approval of the Assignment. 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 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Assignment and Assumption for USR21-0020, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine vh/174(aL niJi 02_ 5 Approve Schedule Recorprnendation Work Session Other/Comments: 6y--•& QS/ /23 600 r 2023-1227 ‘4O/3 WI ASSIGNMENT AND ASSUMPTION OF CONTRACT THIS ASSIGNMENT AND ASSUMPTION OF CONTRACT (the "Assignment") is made as of the 11th day of April 2023 (the "Effective Date") by and between Estromina CO Greeley Land, LLC, a Colorado limited liability company ("Assignor"), and ECA CO Greeley, LLC, a Colorado limited liability company ("Assi ee"). RECITALS A. Assignor, as Property Owner, has entered into that certain Road Maintenance Agreement dated March 16, 2022 and recorded on April 11, 2022 as Document Number 4817789 with the County of Weld, a body corporate and politic of the State of Colorado for the maintenance of roads during a construction period (the "Contract"). B. Assignor desires to sell, assign, transfer, convey, set -over and deliver to Assignee, without recourse or warranty, all of Assignor's right, title and interest in and to the Contract. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: 1. Assignment and Assumption. As of the Effective Date, Assignor irrevocably assigns, sets over, transfers and conveys to Assignee all of Assignor's right, title and interest in and to the Contract held by Assignor. Assignee accepts this Assignment and the rights granted herein, and Assignee expressly assumes, for itself and its successors, assigns and legal representatives, the Contract and all of the obligations and liabilities, fixed and contingent, of Assignor accruing from and after the Effective Date with respect to the Contract and agrees to (a) be fully bound by all of the terms, covenants, agreements, provisions, conditions, obligations and liabilities of Assignor thereunder which accrue from and after the Effective Date, and (b) keep, perform and observe all of the covenants and conditions contained therein on the part of Assignor to be kept, performed and observed, from and after the Effective Date. 2. Indemnification. Assignee agrees to indemnify and defend Assignor and hold Assignor harmless from and against all claims, liens, damages, demands, muses of action, liabilities, lawsuits, judgments, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses and court costs) (collectively, the "Losses") (including without limitation those brought by a third party and asserted against Assignor) by reason of or arising out of any failure by Assignee to perform or observe the obligations, covenants, terms and conditions assumed by Assignee hereunder arising in connection with the Contract to the extent accruing to the period on or after the Effective Date. Assignor agrees to indemnify and defend Assignee and hold Assignee harmless from and against any and all Losses (including without limitation those brought by a third party and asserted against Assignee) by reason of or arising out of any failure by Assignor to perform or observe the obligations, covenants, terms and conditions under the Contract and accruing to the period prior to the Effective Date. 3. General Provisions. 4856-0075-2974.1 4896531 Pages: 1 of 3 05/05/2023 11:40 AM R Fee:$0.00 Carly Kopp., Clerk and Reoorder, Weld County , Co rtI Ir Trial l l I il:411Wrw1ti 10illk 11111 1 aoae-/ 2a16) (a) Successors. This Assignment shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns. (b) Counterparts. This Assignment may be executed in multiple counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one and the same instrument. (c) Governing Law. This Assignment shall be governed by and construed and enforced in accordance with the laws of the State of Nevada without regard to its conflict of laws provisions. (d) Attorneys' Fees. In the event of any action or suit by a party hereto against another party by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other party arising out of this Assignment, the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including reasonable attorneys' fees and expenses and court costs. [Remainder ofpage intentionally left blank] 4896531 Paw: 2 of 3 05/05/2023 11:40 AM R Fee:$0.00 Carly Kopp, Clerk and Recorder, Weld County , CO 2 4856-0075-2974.1 IN WITNESS WHEREOF, the undersigned has executed this Assignment and Assumption of Lease as of the day and year first written above. ASSIGNOR: Estromina CO Greeley Land, LLC a Colorado limited liability company By: Nacffe: Zchary Brammer Its: Authorized Signatory ASSIGNEE: ECA CO Greeley, LLC, a Colorado limited liability company By: N e: Zachary Brammer Its: Authorized Signatory 4896531 Pages: 3 of 3 05/05/2023 11:40 AM R Fee:$0.00 I Hi Car1y Koppas, CI.rk and Raoorder, Wald County CO ACKNOWLEDGED AND CONSENTED TO: The County of Weld, a body corporate and politic of the State of Colorado, by and through tis Board of County Commissioners, hereby consents to the assignment of the Contract pursuant to this Assignment and Assumption of Contract. WELD COUNTY: ATTEST: dZ) G° lid -4A' Weld County Clerk to the Board By: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Freeman, Chair MAY 0 12323 3 4856-0075-2974.1 ,.2.oa 5 / a 10 &7,7_,Lec.x BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance During Construction Agreement for. Estromina CO Greeley Land, LLC — USR21-0020 DEPARTMENT: Planning Services DATE: March 22, 2022 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief dencrlption of the problem/issue: The Department of Planning Services received a request from the appilcant, Entwine CO Greeley Land, LLC, request ng that the Board of County Commissioners consider approving the Road Maintenance During Construction Agreement for (USR21-0020). No collateral is required with thle agreement. Weld County Planning Services, Public Works, and the County Attorneys Office have reviewed the above mentioned signed original document and observed the following: • All Public Works related items, of the `Road Meetenence Agreement According To Policy', are found to be acceptable. • This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. What options exiet for the Board? (Include consequences, Impacts, costs, etc. of options): 1. Have this BOCC Hearing Item be placed on the next available agenda ea part of the Consent Agenda. 2. Hen this BOCC Hearing item be'ptaced on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office ere recommending approval of the Road Maintenance Agreement According To Policy for USR21-0020, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Smk Work Beaton Qher cane Perry L. Buck Mks Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Seine 6#11,zeit,t 2022-0996 Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isa rleylweldgpv.cQm Website: yvww,cg,weld,co,us In God We Trust Lori Saine Tuesday, March 22, 2022 1:07 PM Karla Ford RE: Please Reply - Planning PA REVIEW - USR21-0020 - Estromina 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: Karla Ford <kford@weldgov.com> Sent: Tuesday, March 22, 2O22 12:17 PM To: Lori Saine <Isaine@weldgov.com> Subject: Please Reply - Planning PA REVIEW - USR21-0020 — Estromina Importance: High Please advise if you approve recommendation. Thank you! Karla Ford R Executive Assistant & Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford weidcggv com :: www.weldgov,com "*Please note my working hours are Monday -Thursday 7:OOa.m.-5:OOp.m." 4617764 Pa4pas: ��Ippof 7 M ivi • e2 tk rind Rwor«aa 8iNta cou+tr , CC III t a ll4�' +I�'pl0 � t�QPN11 tIN Mk III II I ROAD MAINTENANCE AGREEMENT ACCORDING TO REQUIREMENTS DURING THE CONSTRUCTION PERIOD Estromina CO Greeley Land, LLC — USR21-0020 THIS AGREEMENT is made this AD_ day of tMr(h , 2022., by and between Estromina CO Greeley Land, LLC, a limited liability company organized under the laws of the State of Colorado, whose address is 282 Moody Street, Suite 202, Waltham, Massachusetts 02453, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption, RECX18-0151; being part of the NW 1/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of USR21-0020, and WHEREAS, the Property Owner facility will generate additional vehicles and heavy traffic directly associated with USR21-0020, for an extended period of time; and WHEREAS, the County, and Property Owner are desirous of agreeing to terms involving regulation of haul routes, traffic control, and road wear arising from such additionaltraflic. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant, and agree as follows: rart 1: SITE SPECIFIC PROVISION§, A. Blil1 B. jjaullTravel Routes. The Property Owner shall be financially responsible for its proportional share of the associated costs for maintaining and/or improving designated haul/travel routes. 1.0 )haul Routes, The following roads are designated as haul/travel routes for the Property: 1) North and south along County Road 37 between State Highway 3.92 and approved site access. 2.0 Haul trucks shall enter and exit the site at the approved access(es) on County Road 37 and remain on paved roadways for further dispersal. Any County roads used by traffic associated with USR21-0020 may become part of the established haul/travel routes. 3.0 Weight Limit& 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 Tettworaot Deviations, In unusual or rare occasions, if projects mandate deviation from the Estromina CO Greeley Land, LLC — USR21-0020 — RMCA22-0004 'age l of 7 oZocza above -mentioned haul/travel route for a limited period (six monthsor less), Wald County Planning Services may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county roads vdrenever possible. A deviation from the established haul/travel route lasting more than six (6) months or rsgoests for one (1) or more deviations within a 12 -month period shall authorize the County to change the haulltravel routes designated herein and provide notice to the Property Owner. 5.0 route Siena. Property Owner shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly area by drivers leaving the facility and which clearly depict County approved travel routes. 6.0 N Deviation from Permitted Haul Route Except as authorized by the Board 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. C. 14ahtteuttnee Reayiremeabt 1.11 Oltligation to Melt is Current and Future Haul Routes: Property Owner will be financially responsible for the excavation, repair, and patching of any damage on current or future haul route roads, which in tie sale opinion of County has been created by vehicle traffic to and from the Property. Should Property Owaeru site activities or vehicle circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with Canty in maintenance of said roads which are included within the new haul route. The type and method of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48 hours of notification by the County for any roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's wriaewnotice. 1.1 Need for Immediate Repairs; In the event of damage to an Approved Haul Route by Project traffic that causes an immediate threat to public health and safety or renders the used impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours alter receipt of such notice and shall commence such repair within forty-eight (48.) hours after receipt of such notice. If Property Owner identifies Sim Damage prior to receiving notice thereof from County, Property Owner any 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). 1.2 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as described in this Agreement. 2.0 2.1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs, or maintenance of any particular Haul Route Road. Property Owner's Proportionate Share shall be based upon the percentage of traffic on the road that is attributable to Property Owner's facility. County personnel will determine the percentage based on then current Equivalent Single Axle Load (ESAL) Counts. Property Owner shall not be responsible for traffic that is not sourced from the Property Owner's facility. Estromina CO Cireeley Land. LLC — USR21-6020 - RMCA22-0004 41177a $ P 2 of 714 `gage z of l x��b IIRYil4�'N4�1�+�, WON. III HI ,i177N rates s of 7 t4/ttf? ld'M R Fae:V.q VIII Mid lilt, hi 1 I+IKE iM itiiE+► ADM "Ill 2.2 The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment The County shall have sole responsibility for determination of Property Owner's proportionate share of costs. part H: GENERAL PROVISIONS A. 1.0 ham& Property Owner is required to apply for and receive all permits required by the County or any other applicable local, State, or federal permit, including but not limited to: 1. Access Permits. Property Owner shall not use any access onto any County road unless and until an access permit has been issued by the Department of Planning Services. Planning Services may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County Code. 2. Right -of -Way (ROW) Permits. Per Article XIll 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. Iransoultrmita,,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 ntatmer. 2.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every name and description caused by, arising from, or on account of said design and construction of the site spec Use associated with USR2l -0020, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence ofthe 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. 3.0 WWI/ for Dame to Road. Property Owner shall be financially responsible for any and all damage caused to any Weld County Road as a result of the design and construction of the site -specific Use associated with USR21-0020, without regard to the negligence, or lack thereof; of Property Owner or its agents. This provision shall survive Termination of this Agreement pursuant to section B.2.0, below, and shall be of no further force and effect ten years after mutual execution of this Agreement. B. Mist*, pf Agreement sad Remedies 1.0 Violation of Terms of Agreement; If in County's reasonable opinion, Property Owner has violated any of the termsof this Agreement, County shall so notify Property Owner and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have thirty (30) days within which to either cure the violation or dente compliance. Thereafter, County may seek any remedy described in this Agreement or otherwise provided by law. Estromioa CO Greeley Land, LLC — U5R21-0020 — RMCA22-0004 Page 3of7 2.0 * Termination Event: This Agreement shall terminate upon the earliest of the following events: 2.I Cessation of all Perrault Related Activities: Termination of this Agreement shall occur upon Property Owner's complete cessation of all activities permitted by the USR. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Unless informed in writing by the Property Owner of cessation of activities, and verified by the County, cessation shall be presumed if the County determines that the USR has been inactive for three (3) years. 2.2 glocutkautitrolgcggentligregment This Agreement shall terminate following County's execution of a new Improvements Agreement with a new Property Owner or Operator who has purchased the Property or has assumed the operation of the business permitted by the USR and intends to make use of the right and privileges available to it through the then existing USR 2.3 Rtevoc gn of U$R: This Agreement shall terminate following County's revocegion of Property Owner's USR, except that the Property Owner shall only be released from this Agreemanatter the successful completion of all improvements required under this Agreement. 2.4 Oastipletica of Construction: This Agreement shall terminate following Property Owner's completion of construction of the facilities authorized by the underlying USR. Property Owner shall notify the County of completion. 3.0 jtevgcgiortofUSR. Property Owner acknowledges that failure to comply with the material terms of this.Agreem rat constitutes cause to revoke the USR, and County may exercise this option in its sole reasonable diseretnn by proceeding with revocation under the then current provisions of the Weld County Code. 4.0 Qrautiogou Upon notice of violation and failure to tare within the time permitted by this Agreement, Comttyanay seek relief in law or equity by filing an action in the Weld District Court, C. Miseelaaewrs Provisions. 1.0 1.0 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned Cansent to a delegation or an assigntnent will not be unreasonably withheld by County. In such case, Property Owner's release of its obligations shall be accomplished by County's execution of a new improvements Agreement with the successor owner of the property. 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to say municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all wads affected by this Agreement. 2.0 $evetabili y, If any term or condition of this Agreement shall be held to be invalid, illegal, or unenfoseeable 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 panes_ 3.0 anysignegithingsmily, No term or condition of this contract shall be construed or interpreted m a waiver. express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colbraio Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. Fstromina CO ()reeky Land, LLC — USR21-0020 - RMCA22.0004 411177'01 PAWN: g 7 °age 4 of 7 it �, Ctitgt tt Ri reatd County , co igillialidak14004111TlatitiWilli /I III 4517159 Pa gees: 5 of 7 64/11/Tres 12:1PR R Fes :VI. Carty Kappa.. Clerk tnd Raaordar, Hatd Canty . CO tlil l 'rya 4l�r�,al�ip�lllRil M IrILt IVA t III 4.0 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. 5.0 Entire Agteement/Mbdiftcadoast This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement maybe changed or supplemented only by a written instrument signed by both parties. 6.0 Bo f sassy ssioaees of W 1d Coaecy Aserovai. 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 QmiteuttLesyllunatetiork 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, riles 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/Lewd Costs. In the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 9.0 Release ofLiebility, Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim 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 to. 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 occnpatlonal safety and health. 10.0 Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 11.0 Authority to Sigg, 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 perftantance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 12.0 g}: County and Property Owner acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. Both parties further agree that this Agreement, with the Estromioa CO Greeley Lrad, LLC — USR2l -0020 - RMCA22-0004 page 5of7 4$i77M Pose! R ef 7 IrNtII 11/22 e2* Ply R Fe:SO0eeldCounty , C4 attachal or incorporated Exhibits, is the complete and exclusive statement of agreement between the patties and supersedes all proposals or prior agreements, oral or written, and any other communications between the psedesreluting to the subject matter of this Agreement. 13J Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any tam in this Agreement and the Resolution of the Board of County Commissioners approving the untbrlmng land use permit, the provisions of the Board's Resolution shall control. In the event of a digrrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Wald County Code shall control. Estrerobia CT) (leaky Land, LLC - USR21-0020- RMCA22-0004 Page* of 7 PROPERTY By: 7' Name: l t r"L ` Wild -1;3 vif Title:i STATE OP MASSACHUSETTS County of Middlesex ) } Estromina CO Greeley Land, LLC Date .3/1 Ss. The foregoing instrument was acknowledged before me this day of MakrOd1 , O► COWrad 202a, by -11)M F A`ro y ro ►yu, CO h y r►dl.i.C.,1�m he d "trIS ittraWifdrap Notary Publ1 COMMONWEALTH OF massAeausa s My Commission Expires November 10.2029 No WELD CO ATTEST: Weld Clerk to the B BY: DePtitY 411770 Polr: 7 of 7 04/11/2422 SClorrPfleeendn.aa�. Weld CO VIII e�pN11hr' IKA 1' I E Obi II III BOARD OF COUNTY COMMISSIONERS COLORADO Ames, Chair Esttamina CO Greeley Land, LLC -USR21-0020 - RMCA22.0104 'age 7of7 MAR 3 0 2022 o2baa -Q946 Contract -orm New Contract Request Entity Inforn ition Entity Name* Entity ID* ESTROMINA•CO GREELEY LAND LLC @00045306 ❑ New Entity? Contract Name. Contract ID ROAD MAINTI<VANCE DURING CONSTRUCTION AGREEMENT 5703 USR21-0020 ESTROMINA CO GREELEY LAND LLC Contract Status CTB REVIEW Contract Lead. JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez Owe ldgay. c om Parent Contract ID Requires Board Approval YES Department Project Contract Dest:iption a ROAD MAINTIBN/WICE DURING CONSTRUCTION AGREEMENT USR21-0020 ESTROMINA CO GREELEY LAND LLC NO COLLATERAL REQUIRED Contract Deswiption 2 Contract Type. Department AGREEMENT PLANNING Amount* $0.00 Renewable NO Automatic Renewal Grant Department Email CM-Planning@weirigov.com Department Head Entail CM -Planning- Does Contract require Purchasing Dept to be included? DeptHeadt.eldgoy.corn NO Requested ROM Agenda Date' 03,30;2022 Due Date 03 ,26,2022 26,'2022 Willa work session with BOCC be required?* NO County Attorney GENERAL COUNTY ATTORNEY EMAIL IRA Coimty Attorney Email CM- COUNTYATTORNEYCa WELDG OV.COM N this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Preuiots Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Elates Effective Date Review Date. 03;30:2023 Renewal Date Termination Notice Period Contact Information Committed Delivery Date Expiration Date' 03;`30.2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel TOM PARK° JR. CHERYL PATTELLI BRUCE BARKER DH Approved Date finance Approved Date Legal Counsel Approved Date 0324?2022 03;24:2022 03 24 2022 Final Approval BOCC Approved ®OCC Signed Date BOCC Agenda Date 03:30;2022 Originator JTRUJILLOMARTINEZ Tyler Ref AG 033022 Contract Form ew Contract Request Entity Information Entity Name * ECA CO GREELEY LLC Entity ID A00046986 Contract Name" Contract ID ASSIGNMENT OF ROAD MAINTENANCE DURING 6886 CONSTRUCTION AGREEMENT ECA CO GREELEY LLC USR21 - 0020 Contract Lead* JTRUf ILLOMART€NEZ Contract Status CTE REVIEW New Entity? Contract Lead Email j tr u j i lIomarti n e zwe l d gov. c crn� Parent Contract ID Requires Board Approval YES Department Project Contract Description* ASSIGNMENT OF ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT FROM ESTROMINA CO GREELEY LAND LLC TO ECA CO GREELEY LLC USR21 -0020 NO COLLATERAL REQUIRED Contract Description 2 Contract Type* AGREEMENT Amount $ 0.00 Renewable* NO Automatic Renewal Grant IGA rtment PLANNING Department Email CM-Planningveldgov.com Department Head Email CM -Planning DeptHeadOweldgav,com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY ASYELDG OV.C:OM Requested 13DCC Agenda Date" 05,=01:2023 Due Date 04'27x2023 Will a work session with B©CC be required?* NO Does Contract require Purchasing Dept. to be included? NO It this is a ren 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 OnRase Contra Effective Date Review Date" 05;012'024 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 05 01 2025 Contact Information Contact Info Contact Name Purchasing Approval Process Department Head TOM PARK° JR. DH Approved Date 04; 20 2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 23 Originator JTRUJILLOMARTINEZ Contact Type Contact Email Contact Phone I Contact Phone 2 Finance Approver CHERYL PATTELLI Purchasing Approved Date Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 04.x21''2023 04 24 2023 Tyler Ref l AG 050123 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR21-0020, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - ESTROMINA CO GREELEY LAND, 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, the Board of County Commissioners held a public hearing on the 26th day of January, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Estromina CO Greeley Land, LLC, 282 Moody Street, Suite 202, Waltham, Massachusetts 02453, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0020, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RECX18-0151; being part of the NW1/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Michael Redding, ECA Co Greeley, 282 Moody Street, Suite 202, Waltham, Massachusetts 02453, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. The applicant has demonstrated that the request is in conformance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22 [Weld County Comprehensive Plan] and any other applicable Code provisions or ordinance in effect. 1) Section 22-2-10.C states: "Promoting Economic Growth and Stability. Land use policies have a significant impact economic conditions in the County and should be structured to encourage economic prosperity. To ensure the continued strength of Weld County's economy, land use processes and decisions based on the GG :PI4rp/MH), EH(LL),GA(86), APPL. 3/2-3 /?.2 2022-0330 PL2813 SPECIAL REVIEW PERMIT (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC PAGE 2 the [Comprehensive Plan] shall be consistent and promote financially responsible growth." This Solar Energy Facility will provide construction jobs and energy to Weld County. These functions directly support economic prosperity. This Solar Energy Facility, being a power -generating facility, will add variety, stability and redundancy to the existing electrical grid. Traditional energy resources are tied to commodity markets and can vary in demand and output. This facility can complement and support the economy during times of fluctuating oil and gas activity. 2) Section 22-2-60.6.3 states: "Require that energy and mineral resource development conserve the land and minimize the impact on surrounding land and the existing surrounding land uses." The proposed solar array area will occupy less than 50% of the existing parcel and will be sited in the center portion of the property that is distant from State Highway 392, being north of the parcel, and the residences located to the north and south of the parcel. Furthermore, the layout of the SEF is designed to allow for continued operation of on -site oil and gas surface infrastructure. B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-10 — Intent, states: "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." This Code section supports the installation of the subject Solar Energy Facility, which is an energy development. The facility will provide power to be utilized by residences, businesses and farming operations in Weld County. 2) Section 23-3-40.FF — Uses by Special Review, of the Weld County Code includes, "Solar Energy Facilities (SEF'S), being more than five (5) acres in size but less than one -hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B." This Code section allows the applicant to apply for the subject Solar Energy Facility, being located in the Near/Urban Area as shown by map in Appendix 21-B. Per Section 23-1-90 of the Weld County Code, a "Solar Energy Facility" means: "a commercial facility whose primary 2022-0330 PL2813 SPECIAL REVIEW PERMIT (USR2 1-0020) - ESTROMINA CO GREELEY LAND, LLC PAGE 3 purpose is to supply electricity and consists of one or more solar arrays and other accessory structures, equipment, including substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities." The SEF will encumber approximately 27 acres of the 78 -acre parent parcel and qualifies as an SEF USR. This USR facility will also include two (2) storage containers for construction and operation usage, being Accessory Uses, permitted by Section 23-3-30.B of the Weld County Code. C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent unincorporated lands are zoned A (Agricultural). The surrounding land uses consist of irrigated and non -irrigated farmland, rural residences, industrial businesses and on -going oil and gas activity. The closest residence is located approximately 200 feet northeast of the subject parcel boundary. However, the actual distance from the solar array to the closest is residence is approximately 775 feet southwest. The distance from the solar facility to the next closest residence is approximately 868 feet northeast. Three (3) of the eight (8) adjacent parcels of land have residences located on them. There are several USRs within one (1) mile of the site, including: MUSR16-0008 (mineral resource development facility, being located northeast of and adjacent to the SEF facility), USR-995 and MUSR14-0011 (oil and gas production facilities), USR-1492 (church), 3AMUSR-764 (agricultural service business) and USR13-0050 (tank, pump, hose, pipe, and truck staging/storage yard and maintenance facility). Weld County Department of Planning Services staff sent notice to 12 surrounding property owners within 500 feet of the proposed USR boundary. No written correspondence or telephone calls were received. Due to the rural surrounding land uses and significant distance from the facility to other improved land uses, this low -impact and low -traffic facility appears to be compatible with the area. In particular, the improved area is at least 500 feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. Of those existing residences beyond 500 feet of the improved area, such residential properties are well screened by landscaping and varied topography. D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development, as projected by Chapter 22 of this Code or master plans of affected municipalities. This site is not located within a Coordinated Planning Agreement (CPA) boundary. The site is located within the three (3) mile municipal referral radius of the City of Greeley and Town of Eaton. The referral from the City of Greeley — Community Development Department, dated November 2, 2021, stated no concerns. Eaton did not return a referral response. 2022-0330 PL2813 SPECIAL REVIEW PERMIT (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC PAGE 4 E. Section 23-2-230.B.5 — The proposed facility is not located within a Special Flood Hazard Area, Greeley -Weld County Airport Overlay District, Geologic Hazard Overlay District Historic Townsite Overlay District or Municipal Separate Storm Sewer System (MS4) area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. F. Section 23-2-230.6.6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The parcel is primarily designated as "Prime Farmland if Irrigated" with low -slope (1-3%), loam soils. A small portion of the site contains loam soils with slightly higher slopes (3-5%) located in the northeast corner of the parcel. Another insignificant portion of the site contains flooded soils, located in the extreme west -central portion of the parcel. The proposed use of the property for an SEF will not remove topsoil from the property. After the life of the Solar Energy Facility, the land may be returned to historic uses. The SEF is compatible with traditional A (Agricultural) Zone District uses as it will not inhibit farming practices outside of the project area and a grassland vegetative cover will be maintained under the solar panel arrays. G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. Those agency referral responses, which contained comments, provide additional advisory information, and conditions regarding designing and operating the site to protect the interests of the County, public and other governmental agencies. NOM, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Estromina CO Greeley Land, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0020, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. An updated Decommissioning and Reclamation Plan shall be submitted which addresses the items listed in Section 23-4-1030.B.4 of the Weld County Code. B. The applicant shall attempt to address the comments of PDC Energy, as stated in the mineral notice response dated December 16, 2021. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 2022-0330 PL2813 SPECIAL REVIEW PERMIT (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC PAGE 5 C. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. D. A Final Drainage Report and Certification of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, is required. E. The applicant shall submit an updated Landscaping and Screening Plan, for review and approval, by the Department of Planning Services. F. The applicant shall submit an updated Property Maintenance Plan, for review and approval, by the Department of Planning Services. Such plan shall address concerns of grassland fires and shall include a seasonal grass and weed maintenance schedule. G. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR21-0020. 2) The attached Development Standards. 3) The map shall be prepared per Section 23-2-260.D and Section 23-4-1030 of the Weld County Code. 4) The applicant shall show and label the required setbacks, in accordance with Section 23-4-1030.0.3 of the Weld County Code. 5) The applicant shall show and label any existing and proposed solar facility installations and electrical equipment, power lines, structures, temporary work trailers, storage containers (limited to two (2) per Section 23-3-30.B of the Weld County Code), storage areas and miscellaneous improvements, as applicable. Clearly indicate which items are temporary for use during construction and which items are permanent. 6) The applicant shall show and label the required fencing, gates and any emergency and site identification signage, in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld County Code. Include fence and sign specification details on the map. Refer to the Weld County Sign Code, as amended. 7) The applicant shall show and label the location of the trash collection areas, if applicable. Include specification details on the USR map. Refer to Section 23-2-240.A.13 of the Weld County Code for design criteria. 2022-0330 PL2813 SPECIAL REVIEW PERMIT (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC PAGE 6 8) The applicant shall show and label any, on -site lighting, if applicable. All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties. Include lighting specification details on the USR map. Refer to Section 23-2-250.D of the Weld County Code for design criteria. 9) The applicant shall show and label the Greeley #2 Canal. 10) The applicant shall show and label the setback radiuses for existing oil and gas tank batteries, wellheads, and encumbrances, if applicable. Setback requirements are located in Section 23-3-70 of the Weld County Code. 11) The applicant shall show and label any planned oil and gas surface development areas, corridors, access roadways, etc. as part of any executed Surface Use Agreement. 12) The applicant shall show and label all recorded easements and rights -of -way on the map by book and page number or reception number and recording date. 13) County Road 37 is a paved 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 the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 14) The applicant shall show and label the approved access locations, approved access width and the appropriate turning radii on the site plan. The applicant must obtain an Access Permit in the approved locations prior to construction. 15) The applicant shall show and label the approved tracking control on the site plan. 16) The applicant shall 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. 17) If applicable, show and label a 30 -foot minimum access and utility easement to provide legal access to the parcel on the site plan. 2022-0330 PL2813 SPECIAL REVIEW PERMIT (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC PAGE 7 18) The applicant shall show and label the drainage flow arrows. 19) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required 120 days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 5. Prior to Construction: A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners. Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved security information. B. The approved access and trackiing control shall be constructed prior to on site construction. C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 2022-0330 PL2813 SPECIAL REVIEW PERMIT (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC PAGE 8 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the followirg vote on the 26th day of January, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD UNTY, COLORADO ATTEST: diti44) ...e tO;tk Scott K James, Chair Weld County Clerk to the Board CountyAtorney Date of signature: 2022-0330 PL2813 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ESTROMINA CO GREELEY LAND, LLC USR21-0020 1 A Site Specific Development Plan and Use by Special Review Permit, USR21-0020, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The facility is unmanned and will operate year-round, according to the application materials. Limited maintenance personnel may visit the site once operational. 4. Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation per Section 23-4-1030.C.1 of the Weld County Code, as amended. 5. Glare. A SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day per Section 23-4-1030.C.2 of the Weld County Code, as amended. 6. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least 500 feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a Landscaping Plan or Fencing Plan shall first be submitted to. and approved by the Department of Planning Services, per Section 23-4-1030.C.3 of the Weld County Code, as amended. 7. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their accepted Dust Mitigation Plan, per Section 23-4-1030.C.4 of the Weld County Code, as amended. 8. Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary), per Section 23-4-1030.C.5 of the Weld County Code, as amended. 9. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the Fencing Plan shown heron. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein, per Section 23-4-1030.C.6 of the Weld County Code. All signs shall adhere to the adopted Weld County Sign Code, as amended. 2022-0330 PL2813 DEVELOPMENT STANDARDS (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC PAGE 2 10. Stor-nwater management. The Operator of the SEF shall comply with the approved Final Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code. Ground -mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS), per Secion 23-4-1030.C.7 of the Weld County Code, as amended. 11. Access Permit. Prior to construction of the SEF, the applicant shall apply for, and obtain, an approved Access Permit from the Weld County Department of Public Works, pursuant to the provisions of Chapter 8, Article XIV of this Code, per Section 23-4-1030.C.8 of the Weld County Code, as amended. 12. Existing irrigation systems. The nature and location or expansion of the SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility, per Secion 23-4-1030.C.9 of the Weld County Code, as amended. 13. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Per Section 23-4-1030.B.4.h of the Weld County Code, as amended, Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within 90 days of the Board of County Corrrnssioners' order or Resolution directing decommissioning/reclamation. 14. The site shall be maintained in accordance with the accepted Property Maintenance Plan. 15. The site shall be maintained in accordance with the accepted Landscaping and Screening Plan 16. The site shall be maintained in accordance with the accepted Lighting Plan. 17. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properies 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. 1,8. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 19. During construction, 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 was t✓ in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5. 20. During construction, waste materials shall be handled, stored, and disposed of in a manlier that controls fugitive dust, fugitive particulate emissions, blowing debris, and other 2022-0330 PL2813 DEVELOPMENT STANDARDS (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC PAGE3 potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I of the Weld County Code. 21. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from public view and removed when construction is completed. 22. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility. 23. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 24. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 25. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 26. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 27. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall require an approved Right -of -Way Use Permit prior to commencement. 28. The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement (Construction). 29. The historical flow patterns and runoff amounts on the site will be maintained. 30. Building Permits shall be required for any new construction or setup of a manufactured structure (buildings and/or structures), per Section 29-3-10 of the Weld County Code. A Building Permit application must be completed and submitted. Buildings and structures shall conform to the requirements of Chapter 29 of the Weld County Code, and the adopted codes at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, and the 2020 National Electrical Code. • 31. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 32. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 2022-0330 PL2813 DEVELOPMENT STANDARDS (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC PAGE 4 33. The Use by Special Review area shall be limited to the plans shown hereon and governed by tie foregoing standards and all applicable Weld County regulations. Substantial charges from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of . the Permit by the Weld County Board of County Corrrnssioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 34. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 35. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of the Department of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 36. A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 37. In such cases where the Use by Special Review has terminated but the landowner does not agree to requestto vacate the Use by Special Review Permit, a hearing shall be sche_iuied with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termilation becomes final, and the Use by Special Review Permit is vacated. 38. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and to) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and qualiy of life of the citizens of the populous counties of the state. Mineral resource locators are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral 2022-0330 PL2813 DEVELOPMENT STANDARDS (USR21-0020) - ESTROMINA CO GREELEY LAND, LLC PAGE 5 resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 39. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the Weld County Code, shall be placed on the map and recognized at all times. 2022-0330 PL2813 Hello