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HomeMy WebLinkAbout20220471.tiffRESOLUTION RE: APPROVE CANCELLATION AND FULL •RELEASE OF CURRENTLY HELD WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR18-0029 - EXPEDITION WATER SOLUTIONS COLORADO, 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, by Resolution dated August 1, 2018, the Board approved the application of Front Range Dairy, LLC, 9743 County Road 16, Fort Lupton, Colorado 80621, c/o Expedition Water Solutions, 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0029, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot C of Recorded Exemption, RECX18-0029; being part of the SW1/4 of Section 22, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on July 10, 2019, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements for Expedition Water Solutions Colorado, LLC, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Expedition Water Solutions Colorado, LLC, with further terms and conditions being as stated in said agreement, and accepted project collateral in the form of Company Check #001741, drawn on Cadence Bank, N.A., 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, in the amount of $332,000.00, and WHEREAS, on December 23, 2019, upon recommendation of staff, the Board approved the release of project collateral in the form of Company Check #001741, drawn on Cadence Bank, N.A., 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, in the amount of $332,000.00, and accepted warranty collateral for improvements in the form of County Road Warranty Bond No. LPM9329945, from Fidelity and Deposit Company of Maryland, c/o Zurich American Insurance Company, Attn: Surety Claims, 1299 Zurich Way, Schaumburg, Illinois 60196-1056, in the amount of $49,800.00, and WHEREAS, on November 29, 2021, the Board approved replacement collateral procured in the form of County Road Warranty Bond #PB02238600055 issued by Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $49,800.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services performed a site inspection and found all improvements completed and acceptable and the County Attorney's office reviewed the Improvements Agreement and Collateral requirements and recommend cancellation and full release of the currently held warranty collateral, and 4803658 Pages: 1 of 2 02/18/2022 01:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO CCaP4(-F/vA/3'i'M/XR/VA) 2022-0471 mill ! 's?"1111 31q/2-2. PL2566 CANCELLATION AND FULL RELEASE OF CURRENTLY HELD WARRANTY COLLATERAL (USR18-0029) - EXPEDITION WATER SOLUTIONS COLORADO, LLC PAGE 2 WHEREAS, upon recommendation of staff, the Board deems it advisable to cancel and release said currently held warranty collateral, in the form of County Road Warranty Bond #PB022386000055, issued by Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $49,800.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the currently held warranty collateral, in the form of County Road Warranty Bond #PB02238600055, issued by Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $49,800.00, be, and hereby is, cancelled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said currently held warranty collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of February, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD C)UNTY, COLORADO ATTEST: Scott PC James, Chair Weld County Clerk to the Board , 'N r - : . . 1. ...... ..:. ji. __ a. .E•'••. / • r. 4803658 Pages: 2 of 2 02/18/2022 01:33 PM R Fee:$0.0@ Carly Koppes, Clerk and Recorder, Weld County CO mill lrr01"11%ly Wl4 1111 2022-0471 PL2566 Crw' yckcc \5559 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Warranty Collateral for: Expedition Water Solutions Colorado, LLC — USR18-0029 DEPARTMENT: Planning Services DATE: January 18, 2021 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problemlissue: The Department of Planning Services received a request from Todd Pene, on behalf of Expedition Water Solutions Colorado, LLC, requesting that the Board of County Commissioners release the currently held warranty collateral for Expedition Water Solutions Colorado, LLC in the amount of $49,800, procured in the form of Bond No. P802238600055 issued by Philadelphia Indemnity Insurance Company. Weld County Public Works and Planning Services Departments performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit A, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document #2019-2618, have been completed and are found to be acceptable. Bob Choate/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and recommends this full release of warranty collateral. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld County Collateral List: Expedition Water Solutions Colorado, LLC — USR18-0029 (PL2566, #2019-2618) Improvements and Road Maintenance Agreement Approved 7/10/2019 — Contract ID 2751 Company Check #001741, drawn on Cadence Bank, N.A. $332,000.00 Deposited 07/19/2019 — Returned 12/23/2019 (2019-5149) — accept warranty collateral for 2 years Bond No. LPM9329945 issued by Fidelity and Deposit Company of Maryland $48,,800.00 accept warranty collateral Replacement 01/29/2022 Bond No. PB022386000055 issued by Philadelphia Indemnity Insurance Company $49,800.00 Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the full release of warranty collateral for Expedition Water Solutions Colorado, LLC — USR18-0029, and that this item be places on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Aoorove Reco mendation � 1 7 Jq x vx.evL Schedule Work Session Other/Comments: 2022-0471 OZ/o l TL,25�a� Karla Ford From: Lori Saine Sent: Tuesday, January 18, 2022 6:02 PM To: Karla Ford Subject: RE: Please Reply - BOCC PA REVIEW - USR18-0029 - EWS Yes, but it looks like I already initialed. 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: Isaine(c7weldeov.com Website: www.co.weld.co.us In God We Trust Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person 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, January 18, 2022 10:50 AM To: Lori Saine <Isaine@weldgov.com> Subject: Please Reply - BOCC PA REVIEW - USR18-0029 - EWS Importance: High Please advise if you approve recommendation. Thank you. Karla Ford A Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford cweldgov.com :: www�ay.com :: **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Y I .vr 1 f �1. rug ��`�1 �'� i"• ,i� � 1{�� i zy;�V 1 ,� ( 1 , ✓ irj J Y1vii,, r ;7,, e�ir.✓f N 11 Cheryl Hoffman From: Jazmyn Trujillo Martinez Sent: Tuesday, January 18, 2022 10:12 AM To: Cheryl Hoffman; Daniel Mesa; Dawn Anderson; Esther Gesick; Karla Ford; Tom Parko Jr. Subject: BOCC PA REVIEW - USR18-0029 - EWS Attachments: Signed PA & Collateral Release USR18-0029 EWS.pdf ATTACHED BOCC PA REVIEW Improvements Agreement: Full Release of Warranty Collateral Case/Applicant: USR18-0029 — Expedition Water Solutions Colorado, LLC Please note: Regular Agenda Thanks Karla! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1555 North 17th Avenue 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. Jazmyn Trujillo Martinez From: Todd Pene <tpene@expedition-water.com> Sent: Monday, October 25, 2021 1:35 PM To: Jazmyn Trujillo Martinez Cc: Jenny Goddard; Jim Goddard Subject: Bonds for Expedition Water Solutions (LPM9329945) Caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. Jazmyn— Thank you for your time and help on the phone today. We will send in a new bond to replace the current bond as referenced in the subject line above as we are changing surety/bonding companies. Bond PB02238600055 will come this week for the same bond amount ($49,800) to replace bond LPM9329945 and request the current bond's release. Per our conversation, this was to be a two-year bond from 10/30/2019 and we would like to begin the process of releasing the bond altogether for this project. Could we please get the inspection of the project completed and release the bond (new bond once it is in place). Please let me know of further questions. Thanks! Todd Pene, CPA, CGMA Vice President of Accounting 2015 Clubhouse Dr., Ste. 201 Greeley, CO 80634 970-515-6950 ext 1004 970-515-3544 direct www.exDedition-water.com ,,-, Expedliton Jazmyn Trujillo Martinez From: Daniel Mesa Sent: Monday, December 6, 2021 2:29 PM To: Jazmyn Trujillo Martinez Subject: RE: Bonds for Expedition Water Solutions (LPM9329945) Yes that is correct Jazmyn. -Dan From: Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com> Sent: Monday, December 6, 2021 1:35 PM To: Daniel Mesa <dmesa@weldgov.com> Subject: RE: Bonds for Expedition Water Solutions (LPM9329945) Dan, Just to confirm, you do recommend release of collateral? Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1555 North 17th Avenue 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: Daniel Mesa <dmesa@weldgov.com> Sent: Monday, November 15, 20218:20 AM To: Jazmyn Trujillo Martinez <itruiillomartinez@weidgov.com> Subject: RE: Bonds for Expedition Water Solutions (LPM9329945) Goodmorning Jazmyn, Ive completed an inspection on this, please find a link below to my notes and some images and let me know if you need anything further and/or clarification. Final inspection Link Note: unable to create a pdf due to software license issue. Thanks, Dan From: Jazmyn Trujillo Martinez <itruiillomartinez@weldgov.com> Sent: Friday, October 29, 2021 10:59 AM To: Daniel Mesa <dmesa@weldgov.com> Cc: Dawn Anderson <dranderson@weldgov.com> Subject: FW: Bonds for Expedition Water Solutions (LPM9329945) Good morning Dan, We have received a request to release the held warranty collateral related to USR18-0029 for the improvements on CR 19. Could you schedule a final inspection sometime in the next week or two and let me know if there are any issues with releasing the held warranty collateral? Please let me know if you have any questions or need help locating the case files. Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1555 North 17`h Avenue 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: Todd Pene <tpene@expedition-water.com> Sent: Monday, October 25, 2021 1:35 PM To: Jazmyn Trujillo Martinez <itruiillomartinez@weldpov.com> Cc: Jenny Goddard <icgoddard@expedition-water.com>; Jim Goddard <jgoddard@expedition-water.com> Subject: Bonds for Expedition Water Solutions (LPM9329945) Caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. Jazmyn— Thank you for your time and help on the phone today. We will send in a new bond to replace the current bond as referenced in the subject line above as we are changing surety/bonding companies. Bond PB02238600055 will come this week for the same bond amount ($49,800) to replace bond LPM9329945 and request the current bond's release. Per our conversation, this was to be a two-year bond from 10/30/2019 and we would like to begin the process of releasing the bond altogether for this project. Could we please get the inspection of the project completed and release the bond (new bond once it is in place). Please let me know of further questions. Thanks! Todd Pene, CPA, CGMA Vice President of Accounting 2015 Clubhouse Dr., Ste. 201 Greeley, CO 80634 970-515-6950 ext 1004 970-515-3544 direct www.expediion-water.com Expel m April 18, 2022 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Sent by email: jcgoddardCc�expedition-water.com Expedition Water Solutions Attn: Jim Goddard 2015 Clubhouse Drive, Ste 201 Greeley, CO 80634 RE: Release and Cancellation of Warranty Collateral — County Road Warranty Bond #PB02238600055 - $49,800.00 - USR18-0029 — Expedition Water Solutions Colorado, LLC Dear Mr. Goddard: Attached please find a copy of the Board of County Commissioner's Resolution, dated February 7, 2022, authorizing the release and cancellation of County Road Warranty Bond #PB02238600055 in the amount of $49,800.00 through Philadelphia Indemnity Insurance Company. If you have any questions, please contact me at (970) 400-4227, or email me at choffman@weldgov.com. Very truly yours, Cheryl . H man Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Martinez, Department of Planning Services Tom Parko and Diana Aungst, Department of Planning Services Clerk to the Board File PL2566 April 18, 2022 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150O STREET P. O. BOX 758 GREELEY, CO 80632 Lockton Companies Attn: Kristin Darling 3657 Briarpark Drive - Suite 700 Houston, TX 77042 RE: Release and Cancellation of Warranty Collateral — County Road Warranty Bond #PB02238600055 - $49,800.00 - USR18-0029 — Expedition Water Solutions Colorado, LLC Dear Ms. Darling: Attached please find the original County Road Warranty Bond and a copy of the Board of County Commissioner's Resolution, dated February 7, 2022, authorizing the release and cancellation of County Road Warranty Bond #PB02238600055 in the amount of $49,800.00 through Philadelphia Indemnity Insurance Company. If you have any questions, please contact me at (970) 400-4227, or email me at choffman@weldgov.com. V y truly yours, Cheryl L. Hoffman Deputy Clerk to the Board Enclosure cc: Jim Goddard, Expedition Water Solutions Dawn Anderson and Jazmyn Martinez, Department of Planning Services Tom Parko and Diana Aungst, Department of Planning Services Clerk to the Board File PL2566 RESOLUTION RE: APPROVE CANCELLATION AND FULL -RELEASE OF CURRENTLY HELD WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR18-0029 - EXPEDITION WATER SOLUTIONS COLORADO, 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, by Resolution dated August 1, 2018, the Board approved the application of Front Range Dairy, LLC, 9743 County Road 16, Fort Lupton, Colorado 80621, c/o Expedition Water Solutions, 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0029, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot C of Recorded Exemption, RECX18-0029; being part of the SW1/4 of Section 22, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on July 10, 2019, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements for Expedition Water Solutions Colorado, LLC, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Expedition Water Solutions Colorado, LLC, with further terms and conditions being as stated in said agreement, and accepted project collateral in the form of Company Check #001741, drawn on Cadence Bank, N.A., 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, in the amount of $332,000.00, and WHEREAS, on December 23, 2019, upon recommendation of staff, the Board approved the release of project collateral in the form of Company Check #001741, drawn on Cadence Bank, N.A., 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, in the amount of $332,000.00, and accepted warranty collateral for improvements in the form of County Road Warranty Bond No. LPM9329945, from Fidelity and Deposit Company of Maryland, c/o Zurich American Insurance Company, Attn: Surety Claims, 1299 Zurich Way, Schaumburg, Illinois 60196-1056, in the amount of $49,800.00, and WHEREAS, on November 29, 2021, the Board approved replacement collateral procured in the form of County Road Warranty Bond #PB02238600055 issued by Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $49,800.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services performed a site inspection and found all improvements completed and acceptable and the County Attorney's office reviewed the Improvements Agreement and Collateral requirements and recommend cancellation and full release of the currently held warranty collateral, and 4803658 Pages: 1 of 2 Car 02/18/2022 01:33 PM n R Fee:$0.00 Weld PL(TP/vAM1A/xa/Da) 2022-0471 CANCELLATION AND FULL RELEASE OF CURRENTLY HELD WARRANTY COLLATERAL (USR18-0029) - EXPEDITION WATER SOLUTIONS COLORADO, LLC PAGE2 WHEREAS, upon recommendation of staff, the Board deems it advisable to cancel and release said currently held warranty collateral, in the form of County Road Warranty Bond #PB022386000055, issued by Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $49,800.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the currently held warranty collateral, in the form of County Road Warranty Bond #PB02238600055, issued by Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $49,800.00, be, and hereby is, cancelled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said currently held warranty collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of February, A.D., 202.. ATTEST: d„am W. •�C1Lo•t,�. Weld County Clerk to the Board CPl uty Clerk'to the Board Date of signature: 4803658 Pages: 2 of 2 02/18/2022 01:33 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County , CO mill If�14�'11KA1101 I �:J 11M R Ilrl 1011A 11111 BOARD OF COUNTY COMMISSIONERS WELD UNTY, COLORADO Scott . James, Chair Mi an, Pro-Tem ry L. Bu 2022-0471 PL2566 I his bond replaces and supersedes Fidelity and Deposit Company of Maryland bond no. LPM9_ effective September 28, 2021 County Road Warranty Bond KNOVt1tALL MEN BY THESE PRESENTS, That we, Expedition Water Solutions Col ado LLC, as Principal, and Ph' adelphia Indemnity Insurance Company, as Surety, are he/firmlyand unto, Weld County Public Works Department, 1111 H Street, Greeley CO 80632 as Oblpenal sum of Forty Nine Thousand Ei ht undred and 00 100 Dollars ($49,800.00) to which paand truly to be made we do bind ourse es, and each of our heirs, executors, administrators and assigns jointly and severally, firmly y these presents. THE CONDITION OFT IS OBLIGATION IS SUCH, That whereas4ie said Principal has been issued pe rmit license or from Weld CCo\inty for County Road 1.9. WHEREAS, a surety bond is r uired of said Principal to arantee the proper restoration and replacement to the extent of actual da ges caused by the Pr' cipal of the County's maintained, governed or owned; rights -of -way, or pro)3,erty to include r ds, ditches, bridges and culverts that the Principal utilized. The Surety may at any time terminate it iabi ty by giving thirty (30) days written notice to the Obligee, and the Surety shall not be liable for any fault after such thirty day notice period, except for defaults occurring prior thereto. SIGNED, SEALED, AND DATED THIS // of September 2021 Attorney-`lyi-Fact PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL P SONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corpora 'on organized and existing under the 1ws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Robert F. Bobo, Florence McClellan, Kris'Krisj4c Darling, John A. Martinez and Steph ie Gunderson of Lockton Companies, LLC, its true and lawful Attorney -in -fact with full authority to execute on its half bonds, undertakings, recogniza ces and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its busine and to bind the Company thereby, in an amount not exceed $50.000,000. This Power of Attorney is g1�ed and is signed and sealed by facsimile under and by the authority of the following Resolution ad ted by the Board of Directors of PHILADELPHIA INDEMNIT SURANCE COMPANY on the 14t° of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice Preside Vof the Company: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact execute on behalf of the Company bonds and undertakings, contracts of indemnif and other writings obligatory in the nature thereof and to attach the seal of the Compa thereto; and to remove, at any time, any such Attorney -in -Fact and revoke the auth rty given. And, be FURTHER RESOLVED: That th\upo of such officers and the seal of the Compap may be affixed to any such Porney or certificate relating thereto by facsi le, and any such Power of Attorned and certified by facsimile signatures a facsimile seal shall be valid and bine Company in the future with respe to any bond or undertaking to which i IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED ( (Seal) LANCE COMPANY/1-IAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS THIS 5TH DAY QF MARCH, 2021. OGIomb,President CEO ,Iphia Indemnity Insur cc Company On this 5`s day of March, 2021 before me came the individual wo executed the preceding instrumen to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHIlADELPHIA INDEMNITY INSURAN COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate S I and his signature were duly affixed. Notary blic: cortm om"Otth atPonnsyIYanta -pNp�yr�rr$aat VanetteeMckenzte, NotazyPtle � 1 1'n� Montgome y ounty MycommonexphesNovember3, 2024 Comrrl slOn numbet 1366304 Membe,. Pennsybro,:a AsaoclMllan of Notarise residing at: Bala Cynwyd, PA My comrr- I, Edward Sayago, Corpora Secretary Directors and the Power Attomev `Q�7 John Glomb, who exe ted tb- F►V PHILADELPHIA NP In Testimony W Oe'• to tir dad G�ec `0s. Oe'J November 3, 2024 INSURANCE COMPANY, do hereby certify that the fore ing resolution of the Board of larch, 2021 are true and correct and are still in full force and ect. I do further certify that 4e date of execution of the attached Power of Attorney the,duly elected President of seal of each Company this 28th day of September Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CLERK TO THE BOARD 11500 STREET PO BOX 758 GREELEY CO 80632-0758 Lockton Companies Attn: Kristin Darling 3657 Briarpark Drive - Houston TX 77042 • ld!aoaa uanlaa o!lsewoQ £906-000-Z0-0E9L NSd ogiZ AInr `I. L8E WJod Sd (0gpainsi Lh60 SL.96 0000 OStil CL0t JGan!lap pa;0p;say I!ey� peJnsl I!ew paJns! 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Article Number (Transfer from service label) !7 Collect on Delivery Restricted Delivery Restricted Delivery isured Mail 7017 1450 0000 9675 0947 Isured Mail Restricted Delivery ver $500) PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Cheryl Hoffman From: Jenny Goddard <jcgoddard@expedition-water.com> Sent: Monday, April 18, 2022 9:36 AM To: Cheryl Hoffman Cc: Jim Goddard; Todd Pene; Jazmyn Trujillo Martinez Subject: USR18-0029 Expedition Water Solutions Colorado LLC-Cancellation and Full Release of Currently Held Warranty Collateral Importance: High ender and, know the content is safe. _' Cheryl - Please see below for correct address. Please let us know if you need anything further to process. Have a great day. Lockton Companies Attn: Kristin Darling 3657 Briarpark Dr., Suite 700, Houston, TX 77042 From: Cheryl Hoffman <choffman@weldgov.com> Sent: Tuesday, April 12, 2022 3:50 PM To: Jazmyn Trujillo Martinez<itruiillomartinez@weldgov.com>; Jim Goddard <igoddard@expedition-water.com> Cc: Cheryl Hoffman <choffman@weldgov.com> Subject: USR18-0029 - Expedition Water Solutions CO, LLC - Cancellation and Full Release of Currently Held Warranty Collateral Good afternoon, Jim, The Board of County Commissioners heard this matter on February 7, 2022 and approved of the release of the currently held County Road Warranty Bond in the amount of $49,800.00. Could you please email me the correct address for Philadelphia Indemnity Insurance Company and perhaps a contact there? I need to send this cancelled bond Certified Mail and want to make sure I have a correct address. Thank you so much for your assistance. Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 1 Jenny Goddard Office Coordinator 2015 Clubhouse Drive, Suite 201 Greeley, CO 80634 970-515-6950 ext. 1001 www.exoedition-water.com Corporate: Expedition-Water.com 1 (970) 515 6950 October 12, 2021 Weld County Public Works Department 1111 H Street Greeley, Colorado 80632 (970) 304-6496 Re: Replacement for Performance Bond Dear Sir/Madam: Expedition Water Solutions Colorado, LLC currently has a Performance BOND (bond no. LPM9329945) on file with your office. Enclosed please find Philadelphia Indemnity Insurance Company bond (bond no. PB02238600055) which replaces and supersedes the Fidelity and Deposit Company of Maryland bond LPM9329945 you are currently holding. We request that you return the Fidelity and Deposit Company of Maryland bonds to our broker: Averi Stockton Account Manager Lockton Companies Surety Department 3657 Briarpark Drive, Suite 700 Houston, TX 77042 (713) 458-5352 Averi.stockton(dlockton.com Please also include a letter on department letterhead explaining that the Fidelity and Deposit Company of Maryland bond is being returned for cancellation. Should you have any questions, please do not hesitate to contact me at (970) 515-6950. Thank you, im Go dard President I;Xer�olu ions RESOLUTION RE: APPROVE RELEASE OF CURRENTLY HELD WARRANTY COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR18-0029 - EXPEDITION WATER SOLUTIONS COLORADO, 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, by Resolution dated August 1, 2018, the Board approved the application of Front Range Dairy, LLC, 9743 County Road 16, Fort Lupton, Colorado 80621, c/o Expedition Water Solutions, 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0029, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot C of Recorded Exemption, RECX18-0029; being part of the SW1/4 of Section 22, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on July 10, 2019, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements for Expedition Water Solutions Colorado, LLC, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Expedition Water Solutions Colorado, LLC, with further terms and conditions being as stated in said agreement, and accepted project collateral in the form of Company Check #001741, drawn on Cadence Bank, N.A., 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, in the amount of $332,000.00, and WHEREAS, on December 23, 2019, upon recommendation of staff, the Board approved the release of project collateral in the form of Company Check #001741, drawn on Cadence Bank, N.A., 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, in the amount of $332,000.00, and accepted warranty collateral for improvements in the form of County Road Warranty Bond No. LPM9329945, from Fidelity and Deposit Company of Maryland, do Zurich American Insurance Company, Attn: Surety Claims, 1299 Zurich Way, Schaumburg, Illinois 60196-1056, in the amount of $49,800.00, and WHEREAS, the Board has been presented with replacement collateral procured in the form of County Road Warranty Bond #PB02238600055 issued by Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $49,800.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services and the County Attorney's Office recommend release of the currently held warranty collateral and acceptance of replacement collateral for improvements, and 4784323 Fagots: 1 of 2 �ly7�.1.,°Cle k � F..:$0.00 County , co CC,PL(TP/oA/3TK/KIR/DA) o1�1 X11 '10� 'i��'ll t�►r'ti�f I �Q��41 y�f41C�YWV► 11111 t /l I 2021-3283PL2566 RELEASE CURRENTLY HELD WARRANTY COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL (USR18-0029) - EXPEDITION WATER SOLUTIONS COLORADO, LLC PAGE 2 WHEREAS, upon recommendation of staff, the Board deems it advisable to release said currently held warranty collateral, in the amount of $49,800.00, and accept replacement collateral for improvements, in the form of County Road Warranty Bond #PB022386000055, issued by Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $49,800.00, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the currently held warranty collateral, in the amount of $49,800.00, be and hereby is, released, and replacement collateral for improvements, in the form of County Road Warranty Bond #PB02238600055, issued by Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $49,800.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said currently held warranty collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of November, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO pees: 2 of 2 2/1 Kof ' ��'ark +nd It"O �r, Ml(�ld Ca1x�twY CO �u� ml�M a� n 1 � �1N1� ■Ifl�� '��NI II Ii 2021-3283 PL2566 New Contract Request Entity Information Entity Name* Entity ID* EXPEDITION WATER SOLUTIONS, LLC 00035538 Contract Name* IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT - EXPEDITION WATER SOLUTIONS OF COLORADO LLC - USR18-0029 Contract Status CTB REVIEW ❑ New Entity? Contract ID 5539 Contract Lead* JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez@weldgov.c om Parent Contract ID Requires Board Approval YES Department Project # Contract Description * IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT - EXPEDITION WATER SOLUTIONS OF COLORADO LLC - USR1 8- 0029 - FULL RELEASE OF WARRANTY COLLATERAL IN THE AMOUNT OF $49,800.00 Contract Description 2 Contract Type * Department AGREEMENT PLANNING Amount* Department Email $49,800.00 CM-Planning@'weidgov.com Renewable * Department Head Email NO CM-Planning- DeptHeadweldgov.com Automatic Renewal County Attorney Grant GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COU NTYATTORN EYe WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 02/10/2022 02!14/2022 Will a work session with 11OCC be required?* NO Does Contract require Purchasing Dept to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date * Renewal Date 02072023 Termination Notice Period Committed Delivery Date Expiration Date 02f07�2024 Contact Information Contact Info Contact Name Contact Type Contact Email Purchasing Contact Phone 1 Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver TOM PARKOJR. CHRIS D'OVIDIO DH Approved Date Finance Approved Date 01?25!2022 012822022 Final Approval BOCC Approved Tyler Ref # AG 020722 BOCC Signed Date BOCC Agenda Date 02+072022 Originator JTRUJILLOMARTINEZ Contact Phone 2 Legal Counsel KARIN MCDOLJGAL Legal Counsel Approved Date 01/31?2022 %c ii)�&s' BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASSAROUND TITLE: SOCC Agenda Item — Release Held Warranty Collateral and Accept Replacement Collateral for: Expedition Water Solutions Colorado, LLC — USR18.0029 DEPARTMENT: Planning Services PERSON REQUESTING: Jazmyn Tri illo-Martinez DATE: November 2, 2021 Brief description of the problemllssue: The Department of Planning Services received a request from the applicant, Expedition Water Solutions Colorado, LLC, requesting that the Board of County Commissioners consider releasing the currently held warranty collateral in the amount of $49,800.00 for the Improvements and Road Maintenance Agreement for (USRI8..0029) and accept replacement collateral procured in the form of Warranty Bond #P802238800055 issued by Philadelphia Indemnity Insurance` Company. Weld County Planning Services and the County Attorney's Office have reviewed the above -mentioned signed original document and Collateral requirements and recommends this release of currently held collateral and acceptance of replacement collateral: What options exist for the Board? (include consequences, Impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Ws Cow Celteta U.t Expedition Water Solutions Colorado, LLC — USR 18-0029 (PI2568, #2019-2618) Improvements and Road Maintenance Agreement Approved 7/10/2019 — Contract ID 2751 Company Check #001741, drawn on Cadence Bank, N.A. :,g0 Deposited 0711912019 Released Collateral 12123/2019 93.3®@ (2019-5149) - Accepted warranty collateral — Warranty Bond No. LPM9329945, Issued by Fidelity and Deposit Company of Maryland $49,800.00 Recommendation: Option 2. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of this release of currently held collateral and acceptance of replacement collateral for USRIB 0020, and that this Item be placed on the next regularly scheduled BOCC Hearing,as part of the Regular Agenda. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Sauna I f/a9 2021-3283 PL a5CPCo Karla Ford From: Mike Freeman Sent: Tuesday, November 2, 2O21 12:52 PM To: Karla Ford Subject: Re: Please Reply - BOCC PA REVIEW - USR18-0O29 — Expedition Water Solutions Attachments: imageOO2 jpg; image0ol.jpg; Signed PA & Collateral Replacement USR18-0029.pdf Approve Sent from my iPhone On Nov 2, 2O21, at 1:28 PM, Karla Ford <kford@weldgov.com> wrote: Please advise if you approve recommendation. Thank you. Karla Ford .4 Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336.7204 :: kfor dgov.com :: www.wekigov.coni '"Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m." 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: Jazmyn Trujillo Martinez<Jrrujlllomartlneztr�weldgov.com> Sent: Tuesday, November 2, 2O21 11:17 AM To: Cheryl Hoffman <choffman@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Karla Ford <kford@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Daniel Mesa <dmesa@weldgov.com> Subject: BOCC PA REVIEW - USR18-OO29 — Expedition Water Solutions ATTACHED BOCC PA REVIEW Improvements Agreement: Release held Warranty Collateral and Accept Replacement Collateral Case/Applicant: USR18-OO29—Expedition Water Solutions Colorado, LLC Please note: Regular Agenda Thanks Karla!! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services Cheryl Hoffman From: Jazmyn Trujillo Martinez Sent Tuesday, November 2, 2021 11:17 AM To: Cheryl Hoffman; Dawn Anderson; Esther Gesick; Karla Ford; Tom Parko Jr.; Daniel Mesa Subject: BOCC PA REVIEW - USR18-0029 — Expedition Water Solutions Attachments: Signed PA & Collateral Replacement USR18-0029.pdf ATTACHED BOCC PA REVIEW Improvements Agreement: Release held Warranty Collateral and Accept Replacement Collateral Case/Applicant: USR18-0029 — Expedition Water Solutions Colorado, LLC Please note: Regular Agenda Thanks Karla!! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1555 North 17?"Avenue 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. BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS AROUND TITLE: BOCC Agenda Item — Release Held Warranty Collateral and Accept Replacement Collateral for: Expedition Water Solutions Colorado, LLC — USR1B-0029 DEPARTMENT: Planning Services DATE: November 2, 2021 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problemfissue: The Department of Planning Services received a request from the applicant, Expedition Water Solutions Colorado, LLC, requesting that the Board of County Commissioners consider releasing the currently held warranty collateral in the amount of $49,800.00 for the Improvements and Road Maintenance Agreement for (USR18-0029) and accept replacement collateral procured in the form of Warranty Bond #PB02238600055 issued by Philadelphia Indemnity Insurance Company. Weld County Planning Services and the County Attorney's Office have reviewed the above -mentioned signed original document and Collateral requirements and recommends this release of currently held collateral and acceptance of replacement collateral: What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Wild County Collateral List Expedition Water Solutions Colorado, LLC - USR18-0029 (PL2566, #2019-2618) Improvements and Road Maintenance Agreement Approved 711012019 —Contract ID 2751 Company Check 0001741, drawn on Cadence Bank, N.A. $332,000.00 Deposited 07119/2018 Released Collateral 12123/2019 -1332.000.00 (2019-5149) - Accepted warranty collateral — Warranty Bond No. I PM9329445, IkRiind by Fidelity and Deposit Company of Maryland $49,800.00 Recommendation: Option 2. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of this release of currently held collateral and acceptance of replacement collateral for USRI8-0029, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Apgrove Schedule Recommendation Work Session Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lod Saine Other/Comments: Thin bond npboel o d supen.des rid.Ay and DepenR Company o1 Me $nnd bond no IPM9329945. efrw a September 2a 2921 County Road Warranty Bond KNOW ALL MEN BY THESE PRESENTS, That we, Expedition Water Solutions Colorado LLC as Principal, and Philadelphia Indemnity Insurance Company. as Surety, are held firmly bound unto, Wee CountyPublkWorksoeoartment. 1111 H Street Greeley CO 806 2 as Obligee, in the penal sum of fjy Nine Thousand Eight Hundred and 00!100 Dollars (&49.800.00} to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the said Principal has been issued a license or permit from Weld County for County Road 19. WHEREAS, a surety bond is required of said Principal to guarantee the proper restoration and replacement to the extent of actual damages caused by the Principal of the County's maintained, governed or owned; rights -of -way, or property to include roads, ditches, bridges and culverts that the Principal utilized. The Surety may at any time terminate its liability by giving thirty (30) days written notice to the Obligee, and the Surety shall not be liable for any default after such thirty day notice period, except for defaults occurring prior thereto. SIGNED, SEALED, AND DATED THIS 28a' Day of September 2021. LIT• ,. ri,,i .I Florence McClellan Attorney -In -Fact RESOLUTION RE: APPROVE RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR1B-0029 - EXPEDITION WATER SOLUTIONS COLORADO, 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, by Resolution dated August 1. 2018, the Board approved the application of Front Range Dairy, LLC, 9743 CR 18. Fort Lupton, CO 80621, do Expedition Water Solutions, 2015 Clubhouse Drive, Suite 201, Greeley, CO 80634, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0029, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) In the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot C of Recorded Exemption, RECX18-0029; being part of the SW114 of Section 22, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on July 10, 2019, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements for Expedition Water Solutions Colorado, I.I.C. between the County of Weld. State of Colorado, by and through the Board of County Commissioners of Weld County, and Expedition Water Solutions Colorado, LLC with terms and conditions being as stated in said agreement, and accepted project collateral in the form of a Company Check #001741, drawn on the Cadence Bank, N.A., 2015 Clubhouse Drive, Suite 201, Greeley, CO 80634, in the amount of $332,000.00, and WHEREAS. the Board has been presented with County Road Warranty Bond No. LPM9329945, from Fidelity and Deposit Company of Maryland, do Zurich American Insurance Company, Attu: Surety Claims, 1299 Zurich Way, Schaumburg, IL 60198-1086. In the amount of $49,800.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual Inspection and recommend release of said project collateral and acceptance of warranty collateral for the aforementioned off -site Improvements, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said project collateral, in the amount of $332.000.00, and accept warranty collateral for off -site Improvements in the form of County Road Warranty Bond No. LPM9329945, from Fidelity and Deposit Company of Maryland, do Zurich American Insurance Company, Attn: Surety Claims, 1299 Zurich Way, Schaumburg, IL 60196.1058, in the amount of $49,800.00. iaitsies a :ei'rr1' c2 O , R.)( TJ(0a 12.I ICW) t an.a, prt w w c«ntr. co ou / r o 151O 2019-5149 �iAlilllihii4AlINkllMia�l1 1111PL2568 PHILADELPHIA INDEMNIFY INSURANCE COMPANY One Bala Plaza. Suite I00 Rain Cynwyd, PA 19004.0950 Power or Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), acorpuntion organized and existing under the Iowa of the Commonwealth of Pennsylvania, does hereby constitute and appoint Robert F. Bobo, Florence McClellan, Kristin Darling, John A. Martinez and Stephanie Gunderson of Leckton Companleo, LLC, its true and lawful Attorney -in -fact with fUll authority to exeeule an its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business end to bind the Company thereby, in an amount not to exceed SSSJNiIH. This Power of Attumcy is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of Use Company: (I) Appoint Attorney(s) it, Pact and authorize the AUontey(e) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity end other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at anytime, any such Attorney -in -Pact end revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such offrcers and the seal of the Company may be affixed to any such Power of Attorney ercertifucete relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facvunite seal shell be valid and binding upon the Company in the thhue with respect to any bond or undertaking to which it is attached. IN TIiS1'1MONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) 4 u*'. It (flurnsb. Peesidasse A C't ) Philadelphia tnderrmity Insurance Company On this 5v dry of March, 2021 before me came the individual who executed the preceding inWumett, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY, tlrt die seal affixed to said instrument is the Corporate seal of said Company; that the o -aid Corporate Seal and his signature were duly affixed. Notary Public: ia�n«�, YT ta. cfc Mynaap�aleaa-MOsatMar3.7tl4 tranagrra•.aerwwaM residing at: Bala Cynwyd, PA My commission expires: November J, 2024 I, Edward Sayaga, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors end the Power of Attorney issued pursuant thereto on the S" day March, 2021 are true and correct and ere still in lull force and affect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY.. In Testimony Whereof I have subscribed any name and affixed the facsimile seal of each Company this 2(ith day of September 2021 Edward Saysgo, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY RELEASE PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR OFF -SITE IMPROVEMENTS - EXPEDITION WATER SOLUTIONS COLORADO, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the project collateral, In the amount of $332,000.00, be and hereby is, released, and warranty collateral for off -site improvements, in the form of County Road Warranty Bond No. LPM9329945, from Fidelity and Deposit Company of Maryland, c/o Zurich American Insurance Company, Attn: Surety Claims, 1299 Zurich Way, Schaumburg, IL 60196-1058, in the amount of $49,800.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said project collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D., 2019. ATTEST: W iddal-ak Weld County Clark to the Board BY: 2 / ! V 1/' Date of signature: 0f /02/2.P BOARD OF COUNTY COMMISSIONERS D COUNTY, C L RADO arbara Xktaneyer, hair Mike Freeman, Pro -Tom p Steve Moreno Ww W •1 2019-5149 PL2566 O., ..,wL* 3a4• BOARD OF COUMfY COMMJ.SSlONZRS PAS&AROUND Rt3VIZW/Replar Apeds RZQVCBT RE. 9Ql7C Ada Ies- "Radaa hyart CWbw le Warranty Ca14bW For. Eapdiaon waa*"WioasCoto . LLC—USlttiti0029 DEPARTMENT. t&WOthi . DATE: Ociob.r 10, 2019 PERSON REQUESTING: rruJca ariddoertldoa of tie bee. 7W D4094 at orPdAc Works Waived s aqua t team Todd Pmw, oe btialfof Eapedflae Wrasr Soknform CoPossdo, urC, eequweGg tnt tie Bard ofCaraq COm mauves re ern, tie owreatty WM ptgjeat ositsirat of $33Za00A0, fa intptosemsab afaesd i► UsL29 20, rrd tedua it as wrettttKy ollslerst. weersotyoalsprn) it tfes emount of $49,1110.001, rotpdred to be held for tee d+nstios aftbe waress y period We squat the B•srd approve a oath release horn tlw trwl find is tr srnotrt of$33tA0o•0R and.oegt shenaaty eottsterui is the aearrt of $49.100.00. ponnsd in dw form of Bold No. 4,119329943, Weld Calmly Public Works Bed Pening Dip rsnr t performed a cit. iipcction, at tka abovararrtioned ait0. and obsrred the &Wwina • All ibmt oR Babibjt A, of the Irpiovoreeb Aposm. Accord ig to Policy Rsprding Coildanl for brprove sat Do mneat 12019,261 R iwa ban planed rand ru Amid to be aaoeptbk. Bob CiostWAasisffmt Cocmy Altsrapy has reviewed the fmpnwsresb and Co recosmwade this alas of asllssaal and acopana of wmaxly Nstenl requiromereta and N'i.t spoons eabt fir tbs Board? 1.Have this POCC Weds$ Porn be pkcud a the teat avallabk grads a. part sf tie Rgdar Ageeda. Wall Comfy rd �dUM1 EapadNlon b Per SoitaOlons Colorado, I.i.C — USRI S-002! (PL2SPS, 2oiPaie) Imprttwntaflte Wid Ro/td Mafrt0KW= Awwment Approved 711W2010— Contract 1D 2761 Company 41, drawn on Cadence Bank, NA $332,DO0.OO W Raarmeoedades. Tie Depmanseta of trhrblio Works; Phraya$ Srviaer and the Cow► y Anaaey'softte. an reooarneodtap approval of tow eekae of pt+ojsot aolitrai sad asospar . of hvarraa4y ooumerd fir F pedkios Water $olndoaa Colassdo 6I C — tiSRt&0024, sad two this liar be plaer! ore the swat rerrbuiy scheduled BOCC Hamra, as pmt of dw KWW Aped.. A 00C San P. Coeway Mike Fr,e a% Pro.Tem Scott K. t.mm sarban Kirkmey.r, CIWr Steve Merww 2019-5149 1 193 Pt- 05Gs G Bond Na. LPM932994S County Road Warranty Bond KNOW ALL MEN BY THESE PRESENTS, That we, Expedition Water Solutions Colorado LLC . as Principal, and Fidelity and Deposit Company of Maryland , as Surety, are held and firmly bound unto, Weld County Public Works Department 1111 H Street, Greeley, CO 80632 as Obliges, in the penal sum of Forty Nine Thousand Eight Hundred and no/100 Dollars (549.800.001 to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the said Principal has been issued a license or permit from Weld County for County Road 19. WHEREAS, a surety bond is required of said Principal to guarantee the proper restoration and replacement to the extent of actual damages caused by the Principal of the County's maintained, governed or owned; rights -of -way, or property to include roads, ditches, bridges and culverts that the Principal utilized. The Surety may at any time terminate its liability by giving thirty (90) days written notice to the Obligee, and the Surety shall not be liable for any default after such ninety day notice period, except for defaults occurring prior thereto. SIGNED, SEALED, AND DATED THIS 31st Day of October 2019. Expedition Water Solutions Colorado LLC Principal By t1 Fidelity and Deposit Company of Maryland Surety By 1 IKYlit A, DesirrgWE. Westmoreland, Attorney -in -Fact ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY. a awpaabon of the Son of New Yak, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the Stage of Bllools. Bed the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. corporation of dm Sate of Ilhlioio (Merin 0000c holy called the Comps ulc& . by RORERT D, MURRAY, Vice P1s111.4 m in p.amanee of m.thaily paned by Article V. Sootioe S, of the 8ydaw•a of rid Coaipanio, which are set forth en the revere ride haoof attd we hereby cadged to be in dill foam and effort an the date hereof do Mreby eora1am, oona8ht6e, and appoint Rem! S. BURTON, Thm H. HEFFE4 Dmtbae B. WESTMORELAND. Throaty Cral SMITH, Davtd B. MuKiNNEY, Tadd Al.. RAMBO sad Mydab A. VALDIYIA, a8 if Wichita, Kansas, EACH its tree and iawl6l lEast Bad Atgmey in•FaM, to makq execute. seal and deliver, fix. ad on Its belpif as sorer. and as Its act and deed: any and all bands sad mtdwta&Mp, and der execution of muh bonds or undaaltiap is planer of dsaa pmcnt4 chord be a binding upon tail Companies, to Billy and atpty. to all iml0ate and pttrpeam, a if they had been duly eaamud and schaowlned by dw eEly elected officers 0(11w ZURICH AMERICAN INSURANCE COMPANY a Its office In New Yak, Now Yodt., the ee Maly elected ofem of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at ks office in Owing. Mills. Maylaod, sdthe regulaly alerted outer: of the FIDELITY AND DEPOSIT COMPANY Of MARYLAND at its office to Owings Mills, Maryland., in their own peopa persona, The said Vino President doe, hereby certify that the extract set forth on the reverse side hereof Is a tare copy of Article V, Section 6. of the By -Laws of said Companies and is now in force. IN WITNESS WHEREOF, the said Viee President has hereunto subscribed hither came: and affixed the Corporate Soils of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND. this 27th day of Match, A.D. 2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 000 Th Assislont Secretary Vice Preuident Down L 8, -own Robert D.. Murray Stall of Maryland County of Baltimore On dais 276 day clMaeh. AD. 2019. before the subradbr. a Notmy Public of the Soo of Maryland, duly oomeuotoae aid gwldkd, ROBERT D. MURRAY, Vke hddear. wt DAWN R BROWN, Am lbaat Seersdey. of dm Co npmdea. to me pm madly bees. to be the indwidmk and aides dersalaad in cud abs anaoaad B. ptxaefag YtaaoAer. and dao.JJU,,d the exeewui m cur same and bds by me ddy swam depmanh ad saki. that behbe Is dm 'aid officer etch Mpay el6reasid, sail 6m the Bak llheed M Nor preoedhgt lmanaam we dan Ceeperma Sub of Wd Campain, mad the the said Cauporme Seab aid die apraae to and ofeer were duly dixed and abaottbed to the said tawsmarat by dw authority sod aacdm oldie aid Corpor d — IN TESTIMONY WHEREOF. I have hercato set my hand and afxed my Official Seal the day and year tint above written r�M bra* Constance A Dunn, Notary Public My Commiaion Expires: July 9, 2019 POA-F 076-66928 EXTRACT FRONT BY-LAWS OF THE COMPANIES 'Article V, Section S. The Chief Executive Officer. the Preddmn, or say Executive Vice President or Vice President may, by written n laalu s al waft the auadad cuaparrte seal, appoint a umcys.in'fam with authority to exeerrte bonds, policies. recognizance+, atipulYioas, uadciotEinga, or other like instruments on bdtaif of the Company, and may atdhotite any officer or any such eootneyin•fact to area the corporate seal thereto; and may with or without cause Modify of revoke any such appointment orautaity at any time." CERTIFICATE I. the underalgrtod, Vice Preaidant of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, aad the FIDELITY AND DEPOSIT COMPANY OP MARYLAND, do hereby cedlfY that the foregoing Power of Attorney is still in fill force and effect on the data of this cattfiater and I do Bather cmtify that Ankle V, Section S, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by bcsimle under and by authority of the following resolution of the Baud of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly celled and held an the 15th day of Dccember 1994. RESOLVED: "That the suntan re of the President ore Vice President and the atmatiag slananre of a Secretary or an Assistant Secretary and the Sal of the Company may be altered by fiesiadle on any Power of Atmmey...My such Power many certificate thereof beating such facsimile signature and seal shell be valid and binding an the Company This Power of Attorney and Ce tiliate may be signed by facsimile under ad by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called sad held on die Sib day of May, 1994. and the fallowing resolution of the Band of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held an the 10th day of May, 1990. RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any VkrPresldent, Secretary, or Assistant Secretary of the Company, whether made her**Ire or hereafter. wherever appearing upon a Wiled Cy of any power of anamey issued by the Company. shall be valid ad binding anon the Company with the same force and effect as though manually affixed. IN TESTIMO} Y WH_E{�0-F. I have subscnl cd my name aid affixed the corporate seals of the said Companies, this day ofS. m 000 Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attu: Surety Claims 1299 Zurich Way Schaumburg, IL 60L96-1056 F + maeeoesm buq f«c ews ac usR►eaa29, ROW ar 5*000 to w$iwjt Dow WEdusdfr, 0MMW 13, 201912:2842 PM Tisa, Expedition Water Solutions Colorado, LLC U5R18-0029 can be released down to warranty. Josh sent an update confirming acceptance of the as -built plans and stablll2atlon within the County ROW has been achieved. All submittals have been received and inspections have occurred. Thank you. Trace Anderson Development Review Public Works 1111 H Street Greeley, CO 80634 Mobile: 970.397.4515 Office. 970.400.3714 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. My 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. Cheryl Hoffman From Tisa Juanicorena Sent: Friday, November 15, 2019 1:03 PM To: Cheryl Hoffman; Dawn Anderson; Elizabeth Relford; Esther Gesick; Jay McDonald; Karla Ford; Trace Anderson SAt; BOCC PA REVIEW Release to Warranty USR18-0029 EWS CO Attachments: USR18-0029 Signed PA Release to Warranty.pdf ATTACHED BOCC PA REVIEW Improvements Agreement: Release to Warranty Case/Applicant: USR1&0029 Expedition Water Solutions Colorado, l.l.C Please note: Release to Warranty will require a Resolution and presentation date on regular agenda following PA approval and onbase routing. Thanks Cheryl!1 Development Review Public Works 1111 H Street Greeley, CO 80634 rJna>xo►ertaM!Mwfa co.us teh 970.400.3778 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 email 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. New Contract Request Entity Inforalation FR" Name' Entity ID' EXPEDITION WATER SOLUTIONS. LLC @00035538 ❑ New FnUty? Colman Name• Contras ID Parent Contract U) RELEASE IA TO WARRANTY USR18-0029 3266 Contract Slatms Colman Lead • Requires Board Approval CTB REVIEW TJUANICORENA YES Contract La d Email Depelmett Paojea • tjuanicarenaOco weld co us Coatran Desalptlon RELEASE IA PROJECT COLLATERAL TO WARRANTY USR16-0029 Contract Description 2 Contract Type Ospatmtettt AGREEMENT PUBLIC WORKS Arnou uit Department Emil 549,80000 CMPublicWodcs@weldgov corn Reacwible' NO Depntmeol Need Emil CM-PublicWorks- Autornlc Rerewl DepOlaad@weldgov cam County Altaney Grunt GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COUNTYATTORNEY@WELD GOVCOM N (Ms is a steed enter prertous Canaan ID l this is port of a a6A enter 56A COMiact ID Requested 5OCC Agenda Cue Date Orate' 1 210 52 0 9 9 12/0W2019 YNII a wait session with aOCC be required?' NO Does Contract require Ptwtltasing Dept. to be Induded? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank If those contracts are not In On&ase Contract Dates Efteaiiie Date Review Date' Renewal Date 121302020 Ternimation Notice Period Cmmnined Delivery Oats Expiration Date' 12/292021 contact In(iwmation Contact Info coma Nmne PYtdtasing h dumq -- Approval Process Head JAY MCOONALD OH Approved Date 12/032019 Final Approval aDcc Apprwed soce Signed Date aDCC Agenda Date TJUANICORENA Cowan Type Camara Finn Canna[t vttone 1 Carman rho.. 2 Pwdtaslog Approved Date Finance Approter Legd Corrnsd BARB CONNOLLY 809 CHOATE Finance Approved Date 12/04/2019 Ty$er Rat i Legal Coortsd Apprnred Date 1210412019 RESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USRIB-0029 — EXPEDITION WATER SOLUTIONS COLORADO, 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 August 1, 2018, the Weld County Board of Commissioners approved the application of Front Range Dairy, LLC, 9743 CR 16, Fort Lupton, CO 80621, do Expedition Water Solutions Colorado, LLC, 2015 Clubhouse Drive, Suite 201, Greeley, CO 80634, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0029, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II O88eld Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described se follows: Lot C of Recorded Exemption, RECX18-0020; being part of the SW114 of Section 22, Township 2 North, Range 67 Weal 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 Expedition Water Solutions Colorado, LLC, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Company Check 10001741, drawn on Cadence Bank, NA., in the amount of $332,000,00, and WHEREAS, after review, the Board deems It advisable to approve said agreement and accept said Company Check 0001741 ne stated above, copies of which are attached hereto and Incorporated heroin by reference. NOW. THEREFORE, BE IT RESOLVED by the Bound of County Commissioners of Weld County, Colorado, that the Improvements and Rood 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 Expedition Water Solutions Colorado, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED that Company Check #001741, drawn on Cadence Bank, N.A., in the amount of $332,000.00, be, and hereby Is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. C -&- C- wc14LPWf'TJ/ER/CH),pt[OarkR) 2019-2618 oS'/Oi / 19566 cv: CAo) 8/i/,' IMPROVEMENTS AGREEMENT - EXPEDITION WATER SOLUTIONS COLORADO, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WE D COUNTY. COL R/1OO ATTEST: Weld County Cleik to the Board ke Freeman, em APPROVED 9v' Steve Date of signature:fi'�LL 2019-2618 PL2566 BOARD OF COUNTY COMAlIBSIONERS PASS -AROUND REVIEWIRagslar or CMMst Haring Ag.ds REQUEST RE: BOCC Agenda Itea - Approve Improvemasb and Road 1Naiatasaa Apsonest for: EVocilaat Water Solution. Colorado, LLC - USR1I0029 DEPARTMENT: Ptrhtk Work DATE: May 21, 2019 PERSON REQUESTING: Texxjgffilao otr B,Uf dewlptln of the lo,um The Dtputmeot of Public Wadu received a mque t from the applicant, Expedition Water Sohttioa, Colorado, LLC, requadiag that the Bard of County Coounlesionae eoaider approving the fmpeovemab and Road Malnteoaw Agreement for (USR1$-0029). Collateral L required with the agreement end will be Feeeeted to the Board. Weld County Public Wort., PI.mdas Service, NO the County Attorney'. Office have reviewed the above4not tioned signed oriyal doe iment mad observed the folbwi ng: All nh6ila 11Y'orks oi'4 i1anR a die "fogirowirinw 7Fod e+kaeni rise— are Vidhg ` " Poky R Calfaraal For bsproemeritP', on found to be acceptable. • Ibis Agreement compiles with the tome of the Use by Special Review Permit Resolution, as dgoad by the now of Coun y Comidwlaat. What gtlsa abet for the Beard? I. Hun, Ihie BO(.iC Herring item be pkcod cot. sat svaBabk agenda a port of the Regular Agenda, Opdon 1. The Depanmesta of Public Wads, Plmieg Services and the County Attorney's OE''me em r000ammhdiog approval of the Ag wiuneraer & Roo/lebwenaaoe ARnarnesr Aaronoirg To Pe&y Regorhtg Cedfetod FarlepmareeentrforUSRig-0029.asd tlwtlhi.item beplcedCathe earl regularly achedulad 8OCC Having. as pet of the Regular Agenda Seen P. Canvey "on itRWcuShcritt Mina Fawre, PioTae Soon K. iseo nwlne KNaesyer, Chir A Stew Mango _,.t" `_ c.c.' pc,,(TSI E P), PLC O0. f KR OS(07119 O7 Cl ue-- (1 ) o2o,9 AGhP j� o gl7/t 9 p�a5co�o IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Expedition Water Solutions Colorado, LLC — USRI 8-0029 THIS AGREEMENT is made this j1. day of /lf e- : . 201M by and between Expedition Water Solutions Colorado, LLC, 2015 Clubhouse Drive. Suite i. Greeley, CO 80634. a corporation organized under the laws of the State of Colorado. hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado. and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is I ISO "0" 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 C of Recorded Exemption, RECX 18-0029; being part of the SW 1/4 of Section 22. Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of USRI 8.4029, and WHEREAS. Property Owner acknowledges that the final approval of USRI S-0029 is conditional upon Property Owner's funding and/or construction of the oil -site improvements and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A -I — Off -Site Costs of Construction, Exhibit H -I — Off -Site Construction Schedule, Exhibit A-2 — Future Improvements Costs of Construction (to be attached per section B.3.0). Exhibit 0-2 - Future Improvements Construction Schedule Triggers (to be attached per section 8.4.0), Exhibit C — Construction Plans, Exhibit D — Plot Map (recorded simultaneously with this Agreement), and WHEREAS. Property Owner acknowledges they may not operate as described in USRIS-0029 until said improvements have been completed and accepted by County, and WHEREAS. Property Owner acknowledges that pursuant to the provisions of Weld County Code Section 23-2.290, the failure to commence construction of the improvements outlined herein within three (3) years of the approval of USRI 8-0029 may result in the revocation or suspension of USR I B-0029. upon consideration and order of the Board of County Commissioners. and WHEREAS. the parties agree that the Property Owner shall provide collateral for off -site improvements required by this Agreement when the Board of County Commissioners approves this Agreement. NOW.'I'HEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: Nt tit i ta�aaateltr 1641a cwaty, w Iwade. LLC -USRIt•ao29,IA A. Of Site 1®tuev .eta (a remt_tred by the BOCC) The Property Owner shall be responsible for the construction ofcertain off -site safety improvements identified in the USR hearing Resolution, which may include, but are not limited to: construction of adequate turning radii of sixty-five (65) feetat the main entrances and exits which extend into county road ROW connecting to the county road system, and offsite drainage and signage installations, as indicated on the accepted Exhibits. On -Site improvements that create more run-off than the historical amount may require off -site drainage improvements to roads and ROW. Any approved access point(s) improvements will include standard County approved tracking control, and may include a double cattle guard set (one right after the other), placed back to back across the entire width of the access, to ensure a complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent County road. Additional Off -Site improvements to be constructed prior to operation are: I) Design and construct a left deceleration lane on CR 19 Additional Stipulations per the HOCC Hearing: I) Annual review of the Intersection of CR 19 and FIWY 52 2) Haul Route may not include CR 1 B 1.0 Road Imorovesnents Resonnaibifttics. Property Owner is solely responsible for all the off -site designated improvements. These responsibilities may include but are not limited to the following: design, surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and Access Permits and fees, coordination with oil end 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, COOT. CDPHE. and other federal, state, or county regulatory agencies. 2.0 Cost ofCo struction Exhibit. The cost of construction estimates (engineer's estimate) as identified in Exhibit A-i detail the cats used in determining the collateral requirement for the off -site improvements related to the development. A registered Colorado Engineer must sign and sump the construction cost exhibit on Exhibit A-1. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 3.0 Construction Schedule Exhibit. Exhibit &I is provided by the Property Owner indicating the construction schedule for all off -site improvements. Including an anticipated completion date, Property Owner shall not commence construction of any improvements, record plat, or receive say permitting prior to approval of the of this Agreement, the attached Exhibit C. receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit &i in order to request the warranty period begin- In the event that the construction schedule is not current. the Property Owner shall submit a revised construction schedule. 4.0 Off -site lnusrovemen(f 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 H,B of this Agreement. 50 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part 11.8, Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built CM'tf� i a �1 teaaNeM tfeie t loms&. LLC - USRIS-0029, IA o drawings. The as -built drawings shall be stamped, signed. and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. 1.0 Jgfflc Triggers. When the Property's traffic reaches certain safety thresholds as set forth in this agreement, the Property Owner shall design and construct certain road improvements based on the amount of traffic being generated by the site. Property Owner's development may not currently meet the traffic safety triggers requiring the improvements specified below. However, future off -site or phased improvements may be warranted in die future. Property Owner is required to design. obtain right-of-way. relocate utilities, and construct said auxiliary lanes into their site when all traffic to/from the Property meets the following traffic triggers: I) Property Owner shall design and construct a right deceleration/turn lane on CR 19 whenever traffic exceeds 25 VPH turning right into the Property for an average daily peak hour. 2) Property Owner shall design and construct a right acceleration lane on CR 19 whenever traffic exceeds 50 VPH turning right out of the Property for an average daily peak hour. 3) Property Owner shall design and construct a left acceleration lane on CR 19 whenever such a lane would be a benefit to the safety and operation of the roadway. The County, in its sole discretion, shall determine ifa left acceleration lane is required. 2.0 ProoeswOwners Reeoosnibilitles when Future Triggers we Met. Property Owner is solely responsible forall designated improvements and their cost. These responsibilities include but are not limited to the following, as applicable. design, surveys, utility locates, acquisition of ROW, il'trecessary. dedication of ROW. if necessary, 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 Cog RtCon stnxrinn Fxhihli. When the trigger is met the Property Owner shall submit Exhibit A-2 within six (6) months of being notified regarding the need for the triggered improvements, indicating the cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral requirement for the development. Construction cost-. 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 the trigger is met the Property Owner shall submit Exhibit B-2 within six (6) months of being notified regarding the need for the triggered improvements, indicating the construction schedule, including completion date for the improvements. Property owner shall not commence construction of improvements prior to approval of the Construction Plans and receipt of the appropriate Grading Permit. Access Permit. and/or ROW Permit. Property Owner shall complete all improvements in accordance with the construction schedule exhibit. The construction of the triggered improvements shall he completed within the specified timeframe, which may not exceed three (3) years from the date the trigger is first met. Year I design deadline; Year 2 ROW/Utilities; Year 3 Construction. Property Owner shall collateralize 100% of the cost of the construction improvements, including design, right-of-way, and utility relocation cost within six months of being notified of meeting the triggers. Exhibit W2 shall be attached to ibis Agreement and incorporated herein once approved by the County. t>•ffi7Y� ' 0 1 et !7 etv .�I lorado. LLC•USRIB-0029•IA oft) 5.0 Co)laterai, Collateral for any additional improvements required by the triggers may be required by the BOCC. Collateral.is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part ii.B of this Agreement. 6.0 As -Built Plate. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Pan 11.8, Subsection 3.2.3, of this Agreement. Property Owner shell also provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped. signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. C. Haul Roqiea The Property Owner shall be financially responsible for its proportional share of the County's costs associated with maintaining arid/or improving designated haul/travel mutes. As stipulated by the BOCC. CR 18 may not be utilized as a pan of the associated haul routes. 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: 1) North and South on CR 19 2.0 Haul trucks/traffic shall enter and exit the site at the approved access(es) on CR 19 and travel north -south for further dispersal. Any County roads used by traffic associated with USRIS-0029 may become pan of the established haul travel routes. 3.0 Weight 1,4rnitg, 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 Temp Deviations. In unusual or nee occasions, if projects mandate deviation from the above -mentioned haul travel route for a limited period (six months or less). Weld County 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 12 -month period shall authorize the County to change the hautrtravel routes designated herein, and provide notice to the Property Owner. 5.0 Haul Route Sign, Property Owner shall install travel route signs. ifspplicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved travel routes. 6.0 No Deviation from Permitted Haul Rowel. 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 Agreetn cent 1.0 Off -site recurring maintenance, if applicable. as required by the Board. 2.0 Dust Control. Property Owner stall be financially responsible for its proportional share of dust control on unpaved designated haul/travel mutes after commencement of operation and during construction periods. The amount and extent of dust control will be determined by site -specific conditions at the time, as determined exclusively by County personnel. Dust abatement along the relevant baud/travel routes is expected to occur approximately two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per Section 8.6-100 of the Weld County Code. jT t0 W It t �w,r;M�u Owat,tyr�. �ee �11 sda, I LC a - U5R-0029, to 11�'iI�►tll�lii ors 2.1 Dart Control t 'ing Comtructlon. If necessary. as determined by the County, the Property Owner shall cause to be performed within 30 days of notification, at its sole expense. dust control by a contractor approved by Weld County Public Works during the construction period of the development. 3.0 Rgii Property Owner shall be financially responsible for its proportional share of excavation, patching. and pavement repair on designated haultravel routes. The amount and extent of repair and paving measures will be determined by slue-specifrc conditions at the time. as determined exclusively by County personnel. 4.0 Noed it lmrnediate kcoaira: In the event of damage to a designated haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type. timing, materials and quality ofrepair(i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If Property Owner identifies Significant Damage prior to receiving notice thereof from County. Property Owner may commence repair of such Significant Damage and shall conoutmntly notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). so gaoair of Road. On or before December 31 of the calendar year in which County staff has determined though site analysis and/or pavement testing dress particular ban Vtravel route road portion will require paving measures in order to protect the public health, safety. and welfare. and the County has budgeted sufficient fora& for the following calendar year to pay its share of the Off.Site lmprovement/Repair Casts, County shall notify Property Owner in writing that the Of -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the mad maintenance repairs and/or improvements, Property Owner shall submit Off Site Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility for the completion of the repairs and/or improvements on or before December IS of the year following County's notice of the need for repairs. 5.1 In County's sole discretion. County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those proportional share costs. 6.0 Ct &Mill opt Rf Protetty Owner's Procortlonal Slarc of Cosa. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportional share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel mutes. 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 proportional share of costs. Property Owner agrees to pay such proportional share of costs within 30 days of receiving an invoice from County. 7.0 Annual Road inspection. County may conduct a road inspection annually with the cooperation of property Owner and all other Property Owners and/or lessees who are required by County to participate in road irrnprove enthnaratcnanee 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/improvemenUmaintenance work is to be performed during that construction 17 M11174MM"WWWAMMMU • (Mta ot, lotto, LL -00 C-LSRI829. IA urtyto aHI 'of 13 season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data become available, E.0 lOsi%ll0n. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to Property Owner's designated haul#savel routes. Prior to County's final determination and assessment. County shall provide Property Owner with a reasonable opportunity to review. comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. 1.0 EngineeringServices, Property Owner shall furnish to County. at its own expense. all engineering services in connection with the design and construction of the off -site improvements and all on -site drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, identified on the accepted Construction Plans according to the construction schedule set forth in the construction schedule exhibits. The required engineering services shall be performed by a Professional F.ngineer 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, end the submission of necessary documents to the County. 2.0 -of--Way and Easements. Before commencing the construction ofany oft' -site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good and sufficient ROW and easements made necessary for the improvements The County will not exercise eminent domain on behalf of Property Owner. All such ROW and casements for die construction of roads to be accepted by the County shall be conveyed to de County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Constne tion, Property Owner shall furnish and install. at its own expense, the improvements (and any drainage-rchtted structures required by any MS4 permit) identified to 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 Board of County Commissioners, at its option. may grant an extension of the time of completion set fords in construction schedule exhibits stated herein upon application by the Property Owner, Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Tciing. Property Owner shall employ. at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County, Such third party shall furnish the certified results of all such tasting 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 resting and inspection of material and work at Property Owner's expense. Any naterial or work not conforming to the approved plans end specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaint, removed or replaced to the satisfaction of the County at the expense of Property Owner. r i of 17 ty7 u �' R MR.1 etnw ado, lLC - USR184029,1A N WIN" aIIi f13 5.0 Conan*ucticu Suai ds. Design and construction of all off -site improvements shall conform to the current version of CDOT's 'Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Guidelines. 6.0 Traffic Control. Prior to any construction in County and/or State ROW. and as a condition of issuance of any ROW or Access Permit. the Property (honer 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 Rcuuiramettts for Collateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement (1) Project C olluiemi is required for completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral is required for all of .cite improvements during the two-year warranty period. Collateral acceptance and release is governed by the Weld County Code. 1.1 Et LC9lMa1 shall he submitted to guarantee completion of Off -site improvements identified in the ExIttli ta. Project Collateral must be submitted in as amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the lime ofexecutiam of the Agreement. unless othcrwisc directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements. County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide additional collateral In the event the cost estimate is older than three (3) years. NO WORK SHAI.1. COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 W11lycalct1l shall be submitted and held by the County until release after the two- year warranty periud following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15r/• Of Project Collateral. In the event that Property Owner fails to adequately complete or repair improvements during the warranty period. County may, in its sole discretion, access Warranty Collateral for the purpose of completing such improvements. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit. subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that section may be amended from time to lima. 3.0 Release of Collateral. Collateral stroll be released In accordance with Swtiunn 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site improvements, and the Department of Public Works conducts inspections for off -site improvements. 3.1 Tt Jai or Re(. 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 from and at the time of release of Project Collateral, or may be submitted separately by Property Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period. Road Maintenance Collateral may be withheld from and at the time of release of Warranty Collateral, or may be submitted separately by Property Owner. 3.2 for Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a portion of the project, the Property Owner must present a Statement of 1 is flt 1anraar ' aYa4e t'AYmty. to at 1] LLC-U5RIBA029.IA a�`,llrCl�Irtif �AMnkfl�l�il iii,; Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of constriction 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 casements, 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 Mahtual, 3."1.3 "As -built" plans shalt be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed Improvements as shown on the Exhibit C and/or Exhibit D. and shall be stamped and approved by an Engineer registered in the State of Colorado. if an Engineer was initially requited for the project. The Property Owner's Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 3.3 County's Rewonse as Re"t for Release of Collarg3sj. Followings 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. .]l.�'�._ :. ;I •. 1'11 1.0 Accentance o(O11 Sitc tmarovemenla: Upon completion of the off -site improvements, Property Owner shall coated the Weld County Department of Pubic Works and request an inspection of such improvements. Upon request. County personnel will initiate the inspection, approval, and acceptance process. 2.1 Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Public Works a Statement of Substantial Cumpliatn:c by Properly Owner's Engineer along with "as -built" drawings as required in 83.2.3, above, and shall request County inspection of the Of Site Improvements. County personnel shall then Inspect the improvements. If the County determines the improvomctns were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 2.2 Tyro -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period. County Public Works personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. tf any deficiencies arc discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel finds that the e 8 u1 7 ado, LLC - USR I8-0029, IA _et R �R 7r �i Sol r1J improvements are constructed according to County standards, he or she shall approve the improvements. Such final approval shall authorise cite Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 2.3 Placement of Imorovem ants into Service Prior to County Aooroval. If requested by the Property Owner and agreed by the County, portions of the improvements may be placed in service when completed according to the schedule shown on die 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 born 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 ofwork on the improvements is satisfactory to the County, and all temisofthis Agreement have been faithfully kept by Property Owner. 1.0 ACS- Property Owner stall not use any amass onto any County road unless and until an access permit has been issued by the Department of Public Works. Public Works may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of at additional access point, or if there is a change in use of the current access point, as permitted by Article V of Chapter 12 of the Weld County Code. 2.0 Rigpt-of•Wav (ROW) Permits, Per Article IV of Chapter 12 oldie 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. 1.0 Viohmioe of Trees of Aept. If in County's opinion. Property Owner has violated any of the terms of this Agreement. County shall notify Property Owner of its belief the the Agreement has been violated and shall state with specificity the facts and cireuostatices which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either ewe the violation or demonstrate compliance. lf, after fifteen (15) days have elapsed. County believes in good faith that the violation is continuing. County may consider Property Owner to be in breach of this Agreement. 2,0 Rcnscdies far Breach by Property Owrhttr. In the event that County determines that Property Owner has violated the tens of this Agreement, and has failed to correct said violation. County may exercise any or all of the following remedies, or any other rehredy available In law or equity. 2.1 Access and t!ss 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 irrnwavements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. 2.2. Withhuldina Purina. county may "lock" any or all lots within the Property, which precludes the continued issuance of building permits. coning permits. septic permits, or any other permit issued by any department of the County. 23 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 ofColorado, except that no such civil action !Y aaM4, U/ r /Mear41 1'NIO Oran rats, LLC-USR16.0029.1A as 113 �q�tAl4k�INtNrQGtlp�lll�;�l("�� Cpl or order shall be necessary to access collateral for the purpose of completing improvements as described above. 2A Revocation of USR Permit, Property Owner acknowledges that failure to comply with the terms ofthis Agreement constitutes cause to revoke the USR, and County mar exercise this option in its sole discretion by proceeding with revocation under the then curer provisions of the Weld County Code. 3.0 Termination of Aereement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code Section 23-2-290. However, County may still exercise alt necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. 3.2 Cessation of all Permit Related Activities Termination of this Agreement shall occur upon Property Owner's complete cessation of all activities permitted by the ITSR 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 r leaselvacation constitute a Termination. Unless informed in writing by the Property Owner of cessation of activities, and verified by the County, cessation shall only be presumed if the County determines that the USR has been inactive for three (3) yeah. Property Owner shall not be entitled to a release of Project or Warranty Collateral unless and until the improvements required by this Agreement are completed. 3 . This Agreement shall terminate following County's execution of a new Improvements Agreement with a new property owner or operator who has purchased the Property or has assumed the operation of the business permitted by the USR, and intends to make use of the rights sad privileges available toil through the then existing USR. 3.4 Revocation of USR. This Agreement shall terminate following County's revocation of Property Owner's USR. except that the Property Owner shall only be released from this Agreement after the successful completion of all improvements requited under this Agreement. which may be completed by County after accessing Property Owner's collateral ir Property Owner fails to complete such improvements. F. Cegpvat Provisions: 1.0 ors and Assigns. 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in pan, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case. Property Owmer'srelease 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 shell automatically be delegated. transferred, or assigned to any municipality which, by and lhmugh annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. � t u, Clara oil S a+LMComtw. C� 4i$ B III 13 LLC • USRIa-0029, IA 2.0 Severability, if any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of wmpetent 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 No Thitd•Party Henefaitnv. 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 anion 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 Boyd of Cotarnv Commissioners of Weld Counts Aommai: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 6.0 Choice ofLaw/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto. shall he applied in the interpretation, execution. and enforcement ofthisAgreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shalt be null and void. In the event of a legal dispute between the panic& oho panics agree that the Weld County District Coact or Foderal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 7.0 Attarm fecs/l.etsal Costs. In the event of a dispute between County and Property Owner. concerning this Agreement. the pasties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. g.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 wits, 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 offacen, 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. 9.0 j1gljgg.,bitia1ion Prohibited, Weld County does not agree to bulling arbitration by any extaa- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 10.0 Authority to Siena. Each person signing this Agreement represents and warrants that be 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 peifom+mrce of such parry's 11 n n Ct rhat � M olexulu, LLC - USRIa•aoz4, IA �attRa1 .W ttiatr CmntV CO 11 0l' 13 i►i�hl{iY�11�it�M1�l�Ii�fll obligations hereunder have been duly authorized and that die 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 Owners authority to enter into this Agreement within five (5) days of receiving such request. 11.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that dos Agreement, with the attached or incorporated Exhibits, is the complete sad 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. 12.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit. the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the turns of the Weld County Code shall control. It 61N'^ t "Ilea come. oaIII expedition water SOIItiaaas Cotardo, LLC - USRladle29. IA Peael2ofU PROPERTY OWNER: Expedition Watei Solutions Colorado. LLC By:______ `.:rte Date: _ 7 f Name: + �..r.. I Title: _ STATE OF COLORADO as. County of Weld The foregoing instrument was acknowledged betbre me this,L4day of tM,2 2it1Q, by its[ WITNESS my hand and official seal N(VIRRY IaO� oAtrOI Pub LiP i•e. �ri7t�e t! *JAIL OP cOLORAWOO !OTAl1Y o m+uomu WELD COUNTY: ATTEST' ROARD OF COUNTY COMMISSIONERS WOW WV DC0UNT'Y.00I ADO BYJ4 Deputy C to Kirkmoyer. C it JUL I (t2019 tWli r R ri ■ 11 1.q kM I�iM IMi 11't�lY l II I Expedition WWer Snluliuns Colorado, LI.C - USRI IA P age t3 of U Jc'/ 9- EXHIBIT Improvements (r.w.rpan. Wad rhan rhry a aoe app, ) (OFF -SITE) » PUBLIC WORKS rvey, Street Mos..eab/Do,ai Street Grading 4256 CY 11.70 49,795.20 3000 SY 13.20 39,600.00 Paving 2915 SY .71 101,179.65 l6.o. .atMarklag 3564 SF 4.51 16.073.64 ca7ft.Gutters, and Calvert. ce/Aceess Improvements aid Calvert 20 LF 186.00 3,760.00 Dust Control (per Sec. E.-7.5.2) Raad Malot. Collateral (per Sac. E.-7.5) Traffic Control 45 DAY 684.27 30,792.15 £PLANNING $6RVICES1 Floe Nydrsub 6.Gredlisg R ttaitat / DNndbs Foals eranreterlDntaage Faellitla F.raaloa Ce trol MeauradBMPs 1540 LF 3.84 5 913.80 rat ( bed Sw* ieurffl, Drubaee Ditch l.prsvasmab ettag Area, Cart Shops, On Klaks, Mal*.aes Strait LIk6ng Strait N..n Pbe Pescbg Regutrmenb L..denptn . Ses g. Trans, etc 1.25 ACRE 7,300.00 9,125.00 Pork lmprov.me.b lbadkap AcanNlllty. Parking a Rib Lower Phorle Line 2100 IF 6.20 13,020.00 IneaNfs Dap.riaentt pile Sylk.s 269,259.24 (T..a., Ip1'. es•Ie111 Ihund.akl... £qlai.rl.g and Sapervbloc Costa (S) irul si s nine. sr.cenl coodm4a. ttprte.larq.d .aawrun 7,742.21 t 14.117 i 7M «w k -IL ■III W1 i—liddv :lg ap!i LI or am .I!QflI I a! a 10 Inalf lOU 00!77 JIRIO aPOI IU!JUXI paloldaanaq IIUgi 6 wwwAudwI p%, 'm+D�!Ja11^a4"WIJo•4waaWmR44PPIPW—Va4daq ! a147q-MW*pw Pants P a. U$III*-Q1�lIJ .Quno7 pr W- axsp7 c a! palr7alwoa aq a an '%wd a.invd,S - (-Urliio) J's )'°D - I -V JJ81HX8 EXHIBIT B-1 - Time Schedule (OFF -SITE) Now .rSoNiv 1.. n R, ism, RE, vre< rWICw F. l..neet Al Iwpemen.nM our M e.ntil.Y1 WOO .1N11 AVE M. doe a ryrrswl .OM.IIe rlw. ar wr�lwuewwa.e tw /w.: Ingmeerau Time Schadrrie spree thek wine Hey i so Woo t rot'FFrre� ;PUBLIC WORKS] urvey, Street MonnwuntaIBoza 2 Days Street Grading 10 Days Street But 4Days plying 3 Days Pavemtwl Marling 2 Days EnrawtWAccas Improvements lied CNyert I Day Idewellu, Curbs, Cason, eery Culvert, F -SITE ,at /'..A d ever c— P_T a 11 EXHIBIT B-i - Time Schedule- Signature Page The Cuenty. at its option, and upon the request of the Applies%, may grant an wdcnaiun of time for completion for any partiadar impronancnls shown above. upon a showing by the Applicant that the above schedule cannot be met. By: Apjhcan Tide Ay: Applicant 'fide ����jjll?1�6�41!lfifiWi►11M) Date --- .20 4422396 08/1O/2018 12:18 PM Total Pages: 1 Rec Fee: $13.00 Doc Fee. $43.50 Carly Koppes - Clerk and Recorder, Weld County, CO IllLaIusj Wam Deed orrra'r"st�2W Re r�A+ Olt d CDI.atADf�, d Ie11oM�ml hilt orim alL GtANDlmtMIL llCsli UMti�eoldrtltLoieeriecare001RHTIOADIe 10tt LUilaNC0�1 f� Ceeeerr• yw►ZMIlltetAMne rdred a e1e re41 agr�eoioteeeneiweaTwri_w•rres III71eY 15eMR rilelYrenwilrfrro�ylrlAr 1 M YPUSUC IA ADO I I SYAf£OFCOLORADO 11.1 f ,H.p a°°e rr�� raeeet M �d��rteUM tessw air a� eu ss et ArOrt M'eY t�AA1fAilfaattttatOlrf�t7tRlRitittZial11R1<.t,iR;,AQt1tARAl1OL {8/�0j�LUMMCOta AM m.er*IefflaRi R6YA tori111�,Comma f re� Pee 1�P11 l)T11 ued1L.d1 1.16 ftKwwo * v dQ * $k gccnL en Meow m, Exp.dltlon W.tsr So1U on$ Colorado, LLC 2018 C 201 Gr PAY Three hundred Ihhtydwo thousand dollars and no cents TO THE ORDER CF WELD COUNTY PUBLIC WORKS DEPARTMENT 11t1 W STREET GREELEY, CO 80631 ce" S.w.KM 001741 2800 PotOe r emlwnd. ems 7808 Ha JLTo170a1 8I -e22 DA TE S -332000.00 04 ' Expedtlon Water Solutions Colorado, LLC - 2016 Clubhouse Oct, Suhe 201 - Greeley. CO 80634 001741 To. Web Carly Public Warxa Department Vendor Code Ctredr Dale Check Amount Cheek Number WELD 04!302019 3332.000.00 B-1741 TTl 8-0029 ror cane -- Etdii on Jtm Goddard paaW,AmnA. 970o 381.8005.C61&8e80.C 2015 Clubhous 0r.,Ste 201 a7aelsaeeo o�oe ode.,,,r,,,o,„, cr.dn, CO 80634 RECEIPT A"7e7//1 , 90562 - XECENlDFRDM 12I _ us I DD BY �"�1� i Es w+'B0 onsCareauc-at»a QtIaus. .Co001741 To; rraownAt.lipraM[a vaao, cod, CheacDw Gudc Ammm* Check NMbv WELD 041302019 1332,00000 8.1741 S1iQWE��.. ,OAO.eQ chse l Hoffman From: Tisa Juanicorona Sent Wednesday May 22, 20191D42 AM Tare Cheryl Hofmw Dawn Anderson Elizabeth Relford; Esther Gesick; Jay McDonald; Karla Ford subject 8OCC PA REVIEW IA USR18-0029 EWS Attadrmeuls: Signed IA and PA USR16-0029 EWS.pdf ATTACHED 8000 PA REVIEW Improvements Agreement: Improvements and Road Maintenance Agreement w Collateral Case/Applicant: USR18-0029 Expedition Water Solutions Colorado, LLC Please note: I have attached the deed to show why the applicant is only EWS now. Dawn said this will be presented — so It will have a Reso, Exhibits, Collateral and the Final Mylar. Thanks Karlall Development Review Public Works 1111 H Street Greeley, CO 80634 tel: 970.400.3773 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entay to iAMoh it is addressed and trwr contain information that is privileged, confidential or otherwise protected from disclosure. If you hove received this comrnunkatlon in amr, please Immediately notify sender by return e.ma# and destroy the communication. Any disclosure. copy, 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. New Con4act Repiest Entky Wormatioe Finny Nattte• Enapr ID' EXPEDITION WATER SOLUTIONS, LLC 00036538 ❑ New Entlty? Contract Iertte' Caa►aa ID Parent Conaraa W IAPROVEMENTS AGREEMENT 2751 Contra Status Contraa lad' Requkes gory Approval CTBREVIEW TJUAMCORENA YES Cottraa Lead Foul Deperitrtem Ji oject 0 quanicarotte0co.weld to us Canuaa oawrpdun IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH COLLATERAL eonmact oesuI a us 2 ContraaType• Deparanrd AGREEMENT PUBLIC WORI(S MoSM' $332.00000 DgrUaMt Pannell CM- Rastesteble Pu61icisdgov coin NO Depervttertt fled ErnteN CM•PubeWatks- Aueoertrlc Renewal Dnpltitsttpov coin Grin Own" Anotney GENERAL COUNTY ATTORNEY EMAIL IGA Caawy Amman EIWI CM- COUNTYATTORNEY@WELD GCV.COM If atlls is a runnel enter previous Cantata ID if iMs is pan of a RUA saw MSA Contren ID Regressed NDCC Agenda Due Dale Deco' 061062019 061102019 WIN awork session wkh 600C be Iuqudied?• NO Does Gbttuaa regmAre Purduasing Dept, to be itdttded? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not In OnSase Co11tr�t Da ms Effective Data Revlew Date Renewal Date 06[1012020 Tan t $oa Natli a Patted Contained Ddiveiy Data Espkatlort Data 061302021 Contact ISformation Contact info CartaNen . Contact Type Comte Bmad Contact yhau 1 Contact Pion. 2 purchasing Porrinsgg Approve► pwdnslrg approved One Approval Amass Depa W /Mad Fbmce Appraw Legal Counsel JAY MCDONALD BARB CONNOLLY 806 CHOATE DH Approved Data Rnance Approved Due legal Counsel Approved Date 0670311019 0610412019 06706!2019 Find Approval aDcc Approved ■OCC 9lpnd Dave BOOC Agenda Date 07/1012019 0n�n=e► TJl1ANICORENA Tyler Rd s AG 071019 Hello