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Home My WebLink About20222671.tiffRESOLUTION RE: APPROVE FULL RELEASE OF OFF -SITE COLLATERAL FOR COUNTY ROAD 6 ACCESS PERMIT, AP19-00231 - CIVITAS RESOURCES, INC., FORMERLY CRESTONE PEAK RESOURCE HOLDINGS, 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 November 18, 2019, the Board approved 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 Crestone Peak Resource Holdings, LLC, 1801 California Street, Suite 2500, Denver, Colorado 80202, with further terms and conditions being as stated in said agreement, and accepted off -site collateral in the form of Irrevocable Standby Letter of Credit No. NUSCGS030092, issued by JPMorgan Chase Bank, N.A., Global Trade Services, 131 South Dearborn, 6th Floor, Mail Code: IL1-0236, Chicago, Illinois 60603-5506, in the amount of $56,291.21, and WHEREAS, Civitas Resources, Inc., 555 17th Street, Suite 3700, Denver, Colorado 80202, is the current owner of the following described property in the County of Weld, Colorado, being more particularly described as follows, to -wit: Being part of Section 25, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, final approval of Access Permit, AP19-00231, was conditional upon Property Owner's funding and/or construction of the off -site improvements, and WHEREAS, staff from Weld County Departments of Public Works and Planning Services have conducted a site inspection and recommend full release of said collateral, and WHEREAS, upon recommendation of staff, the Board deems it advisable to approve said full release of collateral in the form of Irrevocable Standby Letter of Credit No. NUSCGS030092, issued by JPMorgan Chase Bank, N.A., with a current address of c/o JP Morgan Treasury Services, Attn: Standby Letter of Credit Department, 10420 Highland Manor Drive, 4th Floor, Tampa, Florida 33610, in the amount of $56,291.21. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the collateral in the form of Irrevocable Standby Letter of Credit No. NUSCGS030092, issued by JPMorgan Chase Bank, N.A., with a current address of c/o JP Morgan Treasury Services, Attn: Standby Letter of Credit Department, 10420 Highland Manor Drive, 4th Floor, Tampa, Florida 33610, in the amount of $56,291.21, be, and hereby is, released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 4859198 Pages: 1 of 2 10/04/2022 01:00 PM R Fee:$0.00 Carly �IKopplea,uClerk �,and Recorder, Weld County ,COuW� CC:PL(fP/MN/CA/STP ) Ell Rt'�lir l'WMiRY��Ih Willi ii�lYl yi hl rliflYl 11111 1.04 /2.2 2022-2671 EG0080 APPROVE FULL RELEASE OF COLLATERAL FOR ACCESS PERMIT (AP19-00231) - CIVITAS RESOURCES, INC., FORMERLY CRESTONE PEAK RESOURCE HOLDINGS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of September, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELQ COUNTY, COLORADO ATTEST: ddeAvo�� Weld County Clerk to the Board BY: Deputy Clerk to the Boa APPR• ED my At orney Date of signature: V2-2122 4859196 Pages: 2 of 2 10/04/2022 01:00 PM R Fee:$0.00 Carly Kappau, Clark and Reoorder, Wald County , CO iii RY'�IYI'�I 11'f�itI'1ii'Tiidl�Yi'IY 1Y' R r �Ii�i �`:'ti�l 1� ii i tt K. James, Chair Milo eman, Pro - .40 Perry L. teve Moreno Lori Saine 2022-2671 EG0080 October 17, 2022 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. 0. BOX 758 GREELEY, CO 80632 Sent by email: Idinh@civiresources.com Civitas Resources, Inc. Attn: Lam Dinh 555 17th Street — Ste 3700 Denver, CO 80202 RE: Full Release of Irrevocable Letter of Credit No. NUSCGS030092 - $56,291.21 — AP19-00231 — Civitas Resources, Inc., fka Crestone Peak Resource Holdings, LLC Dear Ms. Dinh: Attached please find a copy of the Board of County Commissioner's Resolution, dated September 19, 2022, authorizing the full release and cancellation of Irrevocable Standby Letter of Credit No. NUSCGS030092 in the amount of $56,291.21 through JP Morgan Chase Bank, N.A. If you have any questions, please contact me at (970) 400-4227, or email me at choffman@weldgov.com. V- truly yours, Cheryl L. offm-'n Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Martinez, Department of Planning Services Tom Parko, Department of Planning Services Clerk to the Board File EG0080 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 JP Morgan Chase Bank, N.A. c/o JP Morgan Treasury Services Attn: Standby Letter of Credit Department 10420 Highland Manor Drive — 4th Floor Tampa, FL 33610 Full Release of Irrevocable Letter of Credit No. NUSCGS030092 - $56,291.21 AP19-00231 — Civitas Resources, Inc., fka Crestone Peak Resource Holdings, LLC To, whom it may concern: Attached please find the original Irrevocable Standby Letter of Credit No. NUSCGS030092 and a copy of the Board of County Commissioner's Resolution, dated September 19, 2022, authorizing the release and cancellation of Irrevocable Standby Letter of Credit No. NUSCGS030092 in the amount of $56,291.21 through JP Morgan Chase Bank, N.A. If you have any questions, please contact me at choffman@weldgov.com. -ry truly yours, Cheryl V Ho man Deputy Clerk to the = * and EnElosure cc: Lam Dinh, Civitas Resources, Inc. Dawn Anderson and Jazmyn Martinez, Department of Planning Services Tow Parko, Department of Planning Services Clerk to the Board Fie E00080 JPMorganChase j ly 21, 2021 21526 -[SS Dl SEQ 1965 WELD COU ' Y 1150 O STREE GREELEY, CO 81', 31 Reference: Standby Lette of Credit No NUSCGS030092 in your favor for account of ..'ESTONE PEAK RESOURCES LLC Dear Madam / Sir: Important address change notification for your JPMorgan Chase Bank N.A. Chicago Trade Operations office An important change is taking placthat affects the JPMorgan Chase Chicago Tr e processing center following a recent decision by the bank to realign rtain of its operations and client service unctions. Effective immediately all Trade processing currently conducted in hicago will be transferred to our of ce in Tampa, Florida. Please consider this as a notice of move and/or amendment ' f presentation location for the a ve-referenced Standby Letter of Credit. Our new address for all future Trade / etters of Credit reted correspondence and presentations JPMorgan Ch se Bank, .A. 10420 Highland Man' Driv':, 4th Floor Tampa, Florid..3 : 610 Attn: Standby Letters : .Credit Unit. For all inquiries: 1-800-634-1969 // _ s.cli`:., t.services@jpmchase.com Although you will now be presenting your claims/ l lcuments to as, ifferent location, our service will not change as a result of this move. Please continue to work w' your current T". de Operations contacts before and during the transition. To avoid any processing delays, please note is change and that any mail in tnsit to the former address will be internally routed to the new address. This routing ., ay, affect the timing of receipt, so di.'scting mail to the new address is essential to expedite processing. Please feel free to contact your current Trade Service Representative, or call our clie t service group at 1-800-634-1969 if you have any questions conce- ing this move. We appreciate your business and to forward to serving your Trade requirements for many years t. come. With kind regards, Ruxandra Cravcenco JPMorgan Cha Bank N.A., Executive Director - Operations Manager, Global Trade Services /4/2-/ © 2017 JPMorgan Chase & Co. All Rights Reserved. JPMorgan Chase Bank, N.A. Member FDIC 2/9-) 7 o077 Cv2 I.ULLH I CKAL ELEASED NO LONGER REQUIRED by Board JPMORGAN CHASE BANK, N.A. o eld C un Commissioners GLOBAL TRADE SERVICES Y 131 SOUTH DEARBORN, 6th FLOOR dat- !�/ID'�- MAIL CODE:IL1-0236 CHICAGO, IL 60603-5506 SWIFT: CHASUS33 by: Deputy tot e Boar/ j DATE : 10 Oct 2.019 IRR OCABLE STANDBY LETTER OF CREDIT REFERENCE NO.: NUSCGS030092 TO: WEL►.,COUNTY 1150OSTET GREELEY, C 80631 DEAR SIR/MADA WE HEREBY ISSUE • _ R IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR. BENEFICIARY WELD COUNTY 1150 O STREET GREELEY, CO, 80631 ACCOUNT PARTY RESTONE PEAK RESOURCES L 18 1 CALIFORNIA STREET SUIT n 2500 DE ER CO 80202 DATE OF EXPIRY : 10-OC •,2020 PLACE OF EXPIRY : OUR CO`z.NTER AMOUNT : USD 56,29- 21 APPLICABLE RULE : ISP LATEST ERSIO THIS LETTER OF CREDIT IS AVAILABLE WITH J ORGAN CHASE BANK, N. A., AGAINST PRESENTATION OF THE DOCUM INDICATED HEREIN. 1. BENEFICIARY'S DATED STATEMENT RE RENCIN . JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NO. NUSCGS03. 192 INDICATI G AMOUNT OF DEMAND/CLAIM AND PURPORTEDLY S. NED BY AN A ORIZED PERSON, SIGNED AS SUCH, READING AS FOL eWS: "WE HEREBY CLAIM PAYMENT O USD UNDER JPMc'GAN CHASE BANK, N.A. LETTER OF CREDIT UMBER NUSCGS030092, AND REBY CERTIFY THAT THERE HAS B'EN A LOSS, DAMAGE, OR LIABILITY\ RESULTING FROM THE APP ICANT'S PERFORMANCE OR NON-PERQRMANCE OF ITS DUTIES AND OBLIGAT •NS UNDER THE IMPROVEMENTS AND R0 MAINTENANCE AGREE NT, CR 6 AND AP.19-00231, FOR THE LOCHB LAND 25H -D166 ACC .S ROAD,IN THE AMOUNT OF THE ACCOMPANYING DRAFT NECESSARY O COMPENSATE FOR THE LOSS, DAMAGE, OR LIABIL AND THAT THE A ' • UNT OF THIS DRAFT IS., THEREFORE, NOW DUE AND PAYABLE." IT IS A CON' TION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMAT ALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL 1 YEAR PERIOD FROM THE PRESENT OR EACH FUTURE EXPIRATION DATE, UNLESS AT LE ' T 45 DAYS PRIOR TO THE CURRENT EXPIRY DATE WE SEND NOTICE IN "ITING TO YOU AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO A OMATICALLY EXTEND THIS LETTER OF CREDIT FOR ANY ADDITIONAL RIOD. PRESENTATIONS OF DRAWINGS MAY BE PRESENTED BY TELECOPY ("FAX") TO FAX NUMBER 856-294- 5267 UNDER TELEPHONE PRE -ADVICE TO 1-800-634- 1969, PROVIDED THAT SUCH FAX PRESENTATION IS RECEIVED Organized under the laws of U.S.A. with limited liability United States NUSCGS030092 10 Oct 2019 Page -1/3 Continuation of our Reference NUSCGS030092 O OR BEFORE THE EXPIRY DATE ON THIS INSTRUMENT IN ACCORDANCE WI THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT, IT BEIN UNDERSTOOD THAT ANY SUCH FAX PRESENTATION SHALL BE CONSI RED THE SOLE OPERATIVE INSTRUMENT OF DRAWING. IN THE EVENT OR PRESENTATION BY FAX, THE ORIGINAL DOCUMENTS SHOULD NOT ALSO BE PRESENTED. WE HEREBY A REE WITH YOU THAT DOCUMENT(S) DRAWN UNDER AND IN COMPLIANCE W H THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT WILL BE D LY HONORED. ALL CORRESPONDENSE AND ANY DRAWINGS HEREUNDER ARE TO NOW DIRECTED TO JPMORG CHASE BANK, N.A., C/O JPMORGAN TREASURY SERVICES, ATTN: STAND LETTER OF CREDIT DEPT., 10420 HIGHLAI3 MANOR DRIVE, 4TH FLOOR, TAMPA, FLORIDA 33610. WE ENGAGE WITH YOU THAT D CUMENTS PRESENTED UNDER,4dD IN CONFORMITY WITH THE TERMS D CONDITIONS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATIO IF PRESENTED ON OR BEFORE THE EXPIRATION AT OUR COUNTERS AT MORGAN CHASE BANK, N.A., C/O JPMORGAN TREASURY SERVICES, 104 HIGHLAND MAN0R DR., 4TH FL., TAMPA, FL 33610. THE ORIGINAL LETTE OF CREDIT MUST ACCOMPANY THE DOCUMENTS REQUIRED UNDER THIS REDIT FOR ENDORSEMENT. THIS LETTER OF CREDIT MAY BE CANCELLED IOR TO EXPIRATION PROVIDED THE ORIGINAL LETTER OF CREDIT (AD AMENDMENTS, IF ANY) ARE RETURNED TO JPMORGAN CHASE BANK/N.A., AT OUR ADDRESS AS INDICATED HEREIN, WITH A STATEMENT SIGNED B HE BENEFICIARY STATING THAT THE ATTACHED LETTER OF''CREDIT IS O LONGER REQUIRED AND IS BEING RETURNED TO THE ISSUING BANK FOR C CELLATION. THIS LETTER OF CREDIT IS SUBJECyTO AND GOVERNED Bu.THE LAWS OF THE STATE OF COLORADO, AND,,CEPT AS OTHERWISE EXPRESSLY STATED HEREIN, IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES, INTERNATIONAL CHAMBER OF/COMMERCE - PUBLICATION NO. 59O("ISP98") AND IN THE EVENT OF ANY •NFLICT, THE LAWS OF THE STATE O., COLORADO WILL CONTRO , WITHOUT REGARD TO PRINCIPLES OF CQNFLICT OF LAWS. All inquiries regarding t is transaction may be directed to our Client Service Group`ht the following Telephone Number . Email Address quoting our reference NUSCGS030092. Telephone Numbe 1-800-634-1969 \, Email Address:. .client.services@jpmchase.com Yours Fai fully, JPMor• n Chase Bank, N.A., I,ULLA I CI -CAL RELEASED NO LONGER REQUI%ED by Board of Weld County Comm'-sioners date: / /fri- by: uty Cle w 1 th- Boar Organized under the laws of U.S.A. with limited liability United States NUSCGS030092 10 Oct 2019 Page -2/3 Continuation of our Reference Ai tktorized Signature Gilberto F. de Paula VP - Operations Manager N N United States NUSCGS030092 I.VLLHICKHL RELEASED NO LONGER REQUIRED by Bo of Weld Coun7 Comm' - Toners date:, OM' Deputy Clier7 the :oard I A rrP1 A.1 Organized under the laws of U.S.A. with limited liability NUSCGS030092 10 Oct 2019 Page -3/3 CLERKOSTREET TO THE BOARD 1150 �� PO BOX 758 Jj� GREELEY CO 80632-0758 JP Morgan Chase Bank, N.A. c/o JP Morgan Treasury Services Attn: Standby Letter of Credit Department 10420 Highland Manor Drive - 4th Floor Tampa, FL 33610 a w w CC < L a) O as w_ ccnnu-� O r" a`I" CCU) U) w E t rryt ram e a".ral..i iS fa N if v{rx�t ti'tv:h 2 a) O .ro 0 Q. CCS O cb t a U O• - O U CtS -- 000 0 UC) •Ct Cc) Ct w ❑ e e f» Hn U 2 a C) U C) CC rD cc O O G) -c .D C) U in CC C) r w 0 Adult Signature Required Adult Signature Restricted Delivery $ W CO a) a. 40 't92z 9E11 0000 02.62 6't0t I SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Arti le Addressed to: 9 p �f 40#-02 3 IIII (III II IIII III NA isAte A 0* J. _d jadhr COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) 3310io IIIIIIIIIIIIIII 9590 9402 6749 1 074 1338 01 2. Article Number (Transfer from service label) 7019 2970 0000 1136 7261 PS Form 3811, July 2020 PSN 7530-02-000-9053 ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery›iC Mail® ❑ Certified Mail Restricted Delivery D Collect on Delivery ❑ Collect on Delivery Restricted Delivery n Insured Mail nsured Mail Restricted Delivery aver $500) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: S /o:o11(� 1 'thj.* za. 35( 0./0 I� IINII NII II I I II II II h I I I I II II I I II II I I II I II 9590 9402 6749 1074 1338 01 2. Article Number (Transfer from service label) 701,9 2970 0000 1136 7261 PS Form 3811, July 2020 PSN 7530-02-000-9053 COMPLETE THIS SECTION ON DELIVERY A. Signatur X B. Received by (Printed Name) Vrf9/≥ D Agent ❑ Addressee D. Is delivery address different from item 1?? O es If YES, enter delivery address below: ❑ No 3. Service Type ❑ D Adult Signature O ❑ Adult Signature Restricted Delivery ❑ „certified Mail® ❑ Certified Mail Restricted Delivery O D Collect on Delivery O D Collect on Delivery Restricted Delivery El Insured Mail Insured Mail Restricted Delivery Dyer $500) Priority Mail Express® Registered Mail TM Registered Mail Restricted Delivery Signature Confirmation TM Signature Confirmation Restricted Delivery Domestic Return Receipt I 4 20,2A -267( t,81( BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Collateral for: Civitas Resources, Inc (Formerly Crestone Peak Resource Holdings, LLC) — AP19-00231 DEPARTMENT: Planning Services DATE: September 6, 2022 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from Civitas Resources, Inc (Formerly Crestone Peak Resource Holdings, LLC), requesting that the Board of County Commissioners release the currently held collateral for Civitas Resources, Inc (Formerly Crestone Peak Resource Holdings, LLC) in the amount of $56,291.21. No further collateral is required to be held for holding as the two-year warranty period has been completed. Weld County Planning Services and Public Works Departments performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit C, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document #2019-4793, have been completed and are found to be acceptable. County Attorney's Office has reviewed the Improvements Agreement and Collateral requirements and recommends this full release of 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: Crestone Peak Resource Holdings, LLC (EG0077, 2019-4793) AP19-00231 Improvements and Road Maintenance Agreement Irrevocable Standby Letter of Credit No. NUSCGS030092, JPMorgan Chase Bank Expires 10/10/20 with auto renewal unless 45 days' notice $56,291.21 Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the full release of collateral for Civitas Resources, Inc (Formerly Crestone Peak Resource Holdings, LLC) — AP19-00231, and that this item be places on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. A rove Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine 2022-2671 RAGI EC-,Ov') I Q CIVITAS August 24, 2022 Via Email Weld County 1150 O Street Greeley, CO 80631 555 17th Street, Suite 3700 Denver, CO 80202 (720) 440.6100 phone Re: Request for Release of Irrevocable Letter of Credit No. NUSCGS030092 To whom it may concern, On October 10, 2019, an Irrevocable Letter of Credit, No. NUSCGS030092 (the "Letter of Credit"), was issued by JP Morgan Chase Bank for the account of Crestone Peak Resources, LLC ("Crestone") in an amount not to exceed fifty six thousand and two hundred ninety one dollars and 21 cents ($56,291.21). The Letter of Credit was issued pursuant to "the improvement and road maintenance agreement, CR6 and AP 19-0023, for the Lochbuie land 25H -D166 access road". Copy of the Letter of Credit is enclosed herewith. All obligations under the letter of credit having been satisfied, Crestone respectfully requests that the Letter of Credit be released by the beneficiary, "Weld County". Would you kindly return the original letter of credit and the release letter on official letterhead to the address below? JP Morgan Chase Bank, N.A C/O JPMorgan Treasury Services Attn: Standby Letter of Credit Dept 10420 Highland Manor Drive, 4th Floor Tampa, FL 33610 Please contact me with any questions regarding this letter. Regards, Labe- Patel Lam Dinh Assistant Treasurer Civitas Resources, Inc 555 17th Street Suite 3700 Denver, CO 80202 Office: 303.312.8111 Cell: 303.549.8751 Planning and Review Department 1555 N 17th Ave. Greeley, Colorado 80631 Website: www.co.weld.co.us Phone: (970) 397-4242 Fax: (970) 304-6498 Date: Aug 26, 2022 RE: AP 19-00231, IA -Gravel Road Construction Inspection Project: WCR6 — Crestone Peak Resource Holdings Inspection Notes `Construction of a gravel road along CR 6 from "fate Avenue to 50 feet east of the project access' End inspection notes. Page 1 of 1 RESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR PRO-TEM TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR COUNTY ROAD 6 ACCESS PERMIT, AP19-00231 - CRESTONE PEAK RESOURCE HOLDINGS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Property Owner, Crestone Peak Resource Holdings, LLC, 1801 California Street, Suite 2500, Denver, Colorado 80202, is the owner of the following described property in the County of Weld, Colorado, being more particularly described as follows, to -wit: Being part of Section 25, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, final approval of Access Permit, AP19-00231, is conditional upon Property Owner's funding and/or construction of the off -site improvements, and WHEREAS, 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 Crestone Peak Resource Holdings, LLC, with further terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with an Irrevocable Standby Letter of Credit No. NUSCGS030092 from JPMorgan Chase Bank, N.A., Global Trade Services, 131 South Dearborn, 6th Floor, Mail Code: IL1-0236, Chicago, Illinois 60603-5506, in the amount of $56,291.21, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Standby Letter of Credit, as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Crestone Peak Resource Holdings, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit No. NUSCGS030092 from JPMorgan Chase Bank, N.A., Global Trade Services, 131 South Dearborn, 6th Floor, Mail Code: IL1-0236, Chicago, Illinois 60603-5506, in the amount of $56,291.21, be, and hereby is, accepted. cc.,:pw(TJ/E.A/cH) 2019-4793 EG0077 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT FOR COUNTY ROAD 6 ACCESS PERMIT, AP19-00231 - CRESTONE PEAK RESOURCE HOLDINGS, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair Pro -Tern be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of November, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FOR A10. County Attorney Date of signature: I t /27/9 Steve Moreno 2019-4793 EG0077 94#320L{ BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: Creston Peak Resource Holdings, LLC — CR 6 and AP# 19-00231 DEPARTMENT: Public Works DATE: October 25, 2019 PERSON REQUESTING: Tisa bmnicoeens Brief description of the issue: The Department of Public Works received a request from the applicant, Creston Peak Resource Holdings, LLC, requesting that the Board of County Commissioners consider approving tine Improvements and Road Maintenance Agreement for (CR 6 and AP#19-00231). Collateral is required with this agreement, in the amount of $56,291.21, and has been submitted in the form of a Standby Letter of Credit, #NUSCGS030092. Weld Courtly Public Works, Planning Services and the County Attorney's Office have reviewed the above -mentioned signed original document and observed the following: • All Public Works related items, of the "Road Maintenance Agreement According to Policy", are found to be acceptable. • This Agreement complies with the terms of the Access Permit (AP#19-00231) and the improvements required by the Department of Public Works in relation to the volume and size of trick traffic being generated by the Use (outside County jurisdiction) but utilizing a permanent access point and haul route onCR6. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda u part of the Regular Agenda. Recommendation: Option 1. The Departments of Public Works, Planning Services and the Co unty Attorney's Office are recommending approval of the Road Maintenance Agreement According To Policy for AP#19-0023 1 , and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda gteMBIESdalisn Oetrr/Canmena: Sean P. Conway Mike Freeman, Pro-Tem Scott K. lamas Barbara Kirkmoyer, Chair Steve Morena trir- GG : pw(TTI ep (T o. ) talo3/t 9 2019-4793 E0000-7 7 JPMORGAN CHASE BANK, N.A. GLOBAL TRADE SERVICES 131 SOUTH DEARBORN, 6th FLOOR MAIL CODE: IL1-0238 CHICAGO, IL 60803-5506 SWIFT: CHASUS33 DATE : 10 Oct 2019 IRREVOCABLE STANDBY LETTER OF CREDIT REFERENCE NO.: NUSCGS030092 TO: WELD COUNTY 1150 O STREET GREELEY, CO, 85631 DEAR SIR/MADAM, WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR. BENEFICIARY : WELD COUNTY 1150 O STREET GREELEY, CO, 80631 ACCOUNT PARTY : CRESTONE PEAK RESOURCES LLC 1801 CALIFORNIA STREET SUITE 2500 DENVER CO 80202 DATE OF EXPIRY : 10-OCT-2020 PLACE OF EXPIRY : OUR COUNTER AMOUNT : USD 56,291.21 APPLICABLE RULE : ISP LATEST VERSION THIS LETTER OF CREDIT IS AVAILABLE WITH JPMORGAN CHASE BANK, N. A., AGAINST PRESENTATION OF THE DOCUMENT INDICATED HEREIN. 1. BENEFICIARY'S DATED STATEMENT REFERENCING JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NO. NUSCGS030092 INDICATING AMOUNT OF DEMAND/CLAIM AND PURPORTEDLY SIGNED BY AN AUTHORIZED PERSON, SIGNED AS SUCH, READING AS FOLLOWS: "WE HEREBY CLAIM PAYMENT OF USD UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NUMBER NUSCGS030092. AND HEREBY CERTIFY THAT THERE HAS BEEN A LOSS, DAMAGE, OR LIABILITY RESULTING FROM THE APPLICANT'S PERFORMANCE OR NON-PERFORMANCE OF ITS DUTIES AND OBLIGATIONS UNDER THE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT, CR 6 AND AP.19-00231, FOR THE LOCHBUIE LAND 25H -D166 ACCESS ROAD,IN THE AMOUNT OF THE ACCOMPANYING DRAFT NECESSARY TO COMPENSATE FOR THE LOSS, DAMAGE, OR LIABILITY AND THAT THE AMOUNT OF THIS DRAFT IS., THEREFORE, NOW DUE AND PAYABLE. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL 1 YEAR PERIODS FROM THE PRESENT OR EACH FUTURE EXPIRATION DATE, UNLESS AT LEAST 45 DAYS PRIOR TO THE CURRENT EXPIRY DATE WE SEND NOTICE IN WRITING TO YOU AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO AUTOMATICALLY EXTEND THIS LETTER OF CREDIT FOR ANY ADDITIONAL PERIOD. PRESENTATIONS OF DRAWINGS MAY BE PRESENTED BY TELECOPY ("FAX") TO FAX NUMBER 856-294- 5267 UNDER TELEPHONE PRE -ADVICE TO 1-800-634- 1969, PROVIDED THAT SUCH FAX PRESENTATION IS RECEIVED OrgenInd under the laws of U.S.A. with floated UebBi1y NUSCGS030092 10 Oct 2019 F.pe-113 Continuation of our Reference NUSCGS030092 ON OR BEFORE THE EXPIRY DATE ON THIS INSTRUMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT, IT BEING UNDERSTOOD THAT ANY SUCH FAX PRESENTATION SHALL BE CONSIDERED THE SOLE OPERATIVE INSTRUMENT OF DRAWING. IN THE EVENT OF PRESENTATION BY FAX, THE ORIGINAL DOCUMENTS SHOULD NOT ALSO BE PRESENTED. WE HEREBY AGREE WITH YOU THAT DOCUMENT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT WILL BE DULY HONORED. ALL CORRESPONDENCE AND ANY DRAWINGS HEREUNDER ARE TO NOW BE DIRECTED TO JPMORGAN CHASE BANK, N.A., C/O JPMORGAN TREASURY SERVICES, ATTN: STANDBY LETTER OF CREDIT DEPT., 10420 HIGHLAND MANOR DRIVE, 4TH FLOOR, TAMPA, FLORIDA 33610. WE ENGAGE WITH YOU THAT DOCUMENTS PRESENTED UNDER AND IN CONFORMITY WITH THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION IF PRESENTED ON OR BEFORE THE EXPIRATION AT OUR COUNTERS AT JPMORGAN CHASE BANK, N.A., C/O JPMORGAN TREASURY SERVICES, 10420 HIGHLAND MANOR DR., 4TH FL, TAMPA, FL 33610. THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY THE DOCUMENTS REQUIRED UNDER THIS CREDIT FOR ENDORSEMENT. THIS LETTER OF CREDIT MAY BE CANCELLED PRIOR TO EXPIRATION PROVIDED THE ORIGINAL LETTER OF CREDIT (AND AMENDMENTS, IF ANY) ARE RETURNED TO JPMORGAN CHASE BANK, N.A., AT OUR ADDRESS AS INDICATED HEREIN, WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING THAT THE ATTACHED LETTER OF CREDIT IS NO LONGER REQUIRED AND IS BEING RETURNED TO THE ISSUING BANK FOR CANCELLATION. THIS LETTER OF CREDIT IS SUBJECT TO AND GOVERNED BY THE LAWS OF THE STATE OF COLORADO, AND, EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES, INTERNATIONAL CHAMBER OF COMMERCE - PUBLICATION NO. 590 ("ISP98") AND IN THE EVENT OF ANY CONFLICT, THE LAWS OF THE STATE OF COLORADO WILL CONTROL, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. All inquiries regarding this transaction may be directed to our Client Service Group at the following Telephone Number or Email Address quoting our reference NUSCGS030092. Telephone Number: 1-800-634-1969 Email Address: gts.client.services@jpmchase.com Yours Faithfully, JPMorgan Chase Bank, N.A., United States Organized under the laws 0 U.SA with limited It udry NUSCGS030092 10002019 Page -2/3 Continuation of our Reference NUSCGS030092 Authorized Signature Gilberto F. de Paula VP - Operations Manager Organized under the laws of U.S.A, with limned liability NUSCGS030082 10 Oct 2019 Page -3. IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Crestone Peak Resource Holdings, LLC — CR 6 and AP#19-00231 THIS AGREEMENT is made this t f ' day of � 2011 by and between Crestone Peak Resource Holdings, LLC, 1801 California Street, Suite 2500, Denver, CO 80202, corporations 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 1150 "O" Street, Greeley, Colorado 80631, hereinafter referred to as "County" WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Being part of Section 25, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Department of Public Works approval of Access Permit AP#19-00231, and WHEREAS, Property Owner acknowledges that the final approval of Access Permit AP# 19-00231 is conditional upon Property Owner's funding and/or construction of the off -site improvements and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A-1 — Off -Site Costs of Construction, Exhibit B-1 — Off -Site Construction Schedule, Exhibit A-2 - Future Improvements Costs of Construction (to be attached per section B.3.0), Exhibit B-2 — Future Improvements Construction Schedule Triggers (to be attached per section B.4.0), Exhibit C — Construction Plans, Exhibit D — Plat Map (recorded simultaneously with this Agreement), 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. WHEREAS, the parties agree to a term of this Agreement shall run coincident to the duration of Access Permit AP -#19-00231 and/or any other access permit issued by the County for ingress to and egress from the Property and the obligations of Property Owner as expressed in this Agreement shall cease upon any cancellation, expiration, revocation or other termination, whether voluntary or not, of Access Permit AP#19-00231 and/or any other access permit issued by the County for ingress to and egress from the Property. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: PART I: SITE SPECIFIC PROVISIONS Crestone Peak Resource Holdings, LLC - IA - CR 6/ AP#19-00231 Page 1 of 13 00I4% -H193 A. Off -Site Improvements (as required by the BOCCI: The Property Owner shall be responsible for the construction of certain off -site safety improvements, which may include, but are not limited to: construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend into county road ROW connecting to the county road system, and off -site 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: 1) Design and construct a County approved gravel roadway along CR 6 - from Tate Avenue to 50 feet east of the project access 1.0 Road Improvements Responsibilities. 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 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, CDPI-IE, and other federal, state, or county regulatory agencies. Property Owner shall maintain this portion of roadway. Property owner shall be responsible for its proportional share of County determined improvements. 2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) as identified in Exhibit A-1 detail the costs used in determining the collateral requirement for the off -site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cost exhibit 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 B-1 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 any 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 B-1 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 Improvements Collateral. As required, collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part 1I.B of this Agreement. 5.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Subsection 3.23, of this Agreement. Property Owner shall also provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. Crestone Peak Resource Holding, LLC - IA - CR 6/ AP/119-00231 Page 2 of 13 B. Future Of Site Imurovements: 1.0 Traffic 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 the future. (Applicable if/when this road is paved in the 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: 1) Property Owner shall design and construct a left deceleration/turn lane on CR 6 whenever traffic exceeds 10 vehicles per hour (VPH) turning left into the Property for an average daily peak hour. 2) Property Owner shall design and construct a right deceleration/turn lane on CR 6 whenever traffic exceeds 25 VPH turning right into the Property for an average daily peak hour. 3) Property Owner shall design and construct a right acceleration lane on CR 6 whenever traffic exceeds 50 VPH turning right out of the Property for an average daily peak hour. 4) Property Owner shall design and construct a left acceleration lane on CR 6 whenever such a lane would be a benefit to the safety and operation of the roadway. The County, in its sole discretion, shall determine if a left acceleration lane is required. 2.0 Property Owner's Responsibilities when Future Traffic Triggers are Met. Property Owner is solely responsible for all designated improvements and their cost. These responsibilities may include but are not limited to the following, as applicable: design, surveys, utility locates, acquisition of ROW, if necessary, 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 Cost of Construction Exhibit. 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 costs must be obtained through a registered Colorado Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that have project collateral. New or additional collateral may he 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 Traffic 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 be completed within the specified timeframe, which may not exceed three (3) years from the date the trigger is first met. Year 1 design deadline; Year 2 ROW/Utilities; Year 3 Construction. Property Owner shall collateralize 100% of the cost of the construction improvements, including design, right-of-way, and utility relocation cost within six months of being notified of meeting the triggers. Exhibit B-2 shall be attached to this Agreement and incorporated herein once approved by the County. Creston Peak Resource Holdings, LLC - IA - CR 6/ AK 19-00231 Page 3of13 5.0 Collateral. Collateral for any additional improvements required by the Traffic 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 Plans. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. C. Haul Routes: The Property Owner shall be financially responsible for its proportional share of the County's costs associated with maintaining and/or improving designated haul/travel routes. 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: 1) CR 6 west to State Highway 85 2.0 Haul trucks shall enter and exit the site at the approved access on CR 6 and travel west to Highway 85 for further dispersal. Any County roads used by Crestone Peak Resources traffic may become part of the established haul/travel routes. 3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle and axle configurations unless overweight permits have been applied for and granted. 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above -mentioned haul/travel route for a limited period (six months or less), Weld County Public Works may authorize, in writing, the deviation. In that circumstance, hauUtravel vehicles will utilize paved county roads whenever possible. A deviation from the established hauUtravel route lasting more than six (6) months or requests for one (l) or more deviations within a 12 -month period shall authorize the County to change the haul/travel routes designated herein, and provide notice to the Property Owner. 5.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved travel routes. 6.0 No Deviation from Permitted Haul Routes, Except as authorized by the Board pursuant to this Agreement, no use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. D. Maintenance Requirements: 1.0 Off -site recurring maintenance, if applicable, as required by the Department of Public Works: 2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust control on unpaved designated haul/travel routes after commencement of operation. The amount and extent of dust control will be determined by site -specific conditions at the time, as determined exclusively by County personnel. Dust abatement along the relevant haul/travel 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. Crestone Peak Resource Holdings, LLC - lA - CR 6/ APN I9-00231 Page 4 of 13 2.1 Dust Control During Construction. 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 Maintenance/Repair: The Property Owner shall be financially responsible for installation of Weld County approved surface gravel on CR 6, as needed throughout the duration of the use. Maintenance of CR 6, including but not limited to, dust abatement and grading, will be required during the life of the permit. As a requirement to receive approval to access onto CR 6, and due to safety concerns, it is required to upgrade/improve the turning radii (minimum of 65 feet) at the Access location on CR 6 and to improve CR 6 to a width of 26 feet with four (4) inches of surface gravel to match the road depth at Tate Avenue to continue to 50 feet east of the entrance and then provide a safe taper down to the east and matching the existing gravel/road condition. Property Owner shall be financially responsible for its proportional share of excavation, patching, and repair on designated haul/travel routes. The amount and extent of repair measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 4.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shalt, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hows after receipt of such notice, unless delayed due to a Force Majeure event as defined in Part II.F Subsection 13.0. If such repair is not commenced within such forty-eight (48) hour period, County shall have the right to draw on the Collateral and use such funds to perform such repair. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). 5.0 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul/travel route road portion will require paving measures in order to protect the public health, safety, and welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off -Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off - Site Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility for the completion of the repairs and/or improvements on or before December 15 of the year following County's notice of the need for repairs. 5.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Sham 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 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportional share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity, at no less than fifteen (15) days, to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input Creston, Peak Resource Holdings, LLC - IA - CR 6/ APO 19-00231 Page S of 13 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 improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data become available. 8.0 Notification. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity, of at least fifteen (15) days to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. PART II; GENERAL PROVISIONS A. Engineering and Construction Requirements 1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering services in connection with the design and construction of the off -site improvements and all on -site drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, 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 Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to: surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 2.0 Rights -o.: Wny. and Easements. Before commencing the construction of any off -site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, goad and sufficient ROW and easements made necessary for the improvements. The County will not exercise • eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents —7. - of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits. The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. g Crestone Peak Resource Holdings, LLC -1A - CR 6/ AP# 14-00231 Page 6 of 13 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third -party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County and the Property Owner. At all times during said construction, the County shall, upon notice to the Property Owner, have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property Owner. 5.0 Construction Standards. Design and construction of all 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 Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then -current version of the Manual of Uniform Traffic Control Devices. B. Collateral• 1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement as follows: (1) Project Collateral is required for completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period. Collateral acceptance and release is governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. In such event the County and/or the Board of County Commissioners shall provide an accounting to the Property Owner within thirty (30) days of accessing Project Collateral and setting forth (a) that portion of the Project Collateral used to complete such improvements and (b) that portion of the Project Collateral remaining. It may be necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property 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. In such event the County and/or the Board of County Commissioners shall provide an accounting to the Property Owner within thirty (30) days of accessing Warranty Collateral and setting forth (a) that portion of the Warranty Collateral used to complete such improvements and (b) that portion of the Warranty Collateral remaining. Creston Peak Resource Holdings, LLC - IA - CR 6/ APtt I9-00231 Page 7 of 13 =u 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released to the Property Owner in accordance with Section 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 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County 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. 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a portion of the project, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property 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. El tiPj Oa- Nc� aw C. 3.3 County's Response to Request for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement and shall notify the Property Owner within thirty (30) days of County's approval or reasoning for disapproval. Upon approval, the Board of County Commissioners may release said collateral to the Property Owner. Acceptance of Improvements: 1.(1 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact the Weld County Department of Public Works and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. Creston Peak Resource Holdings, LLC - IA - CR 6/ APk 19-00231 Page 8 of 13 2.0 Inspection, Approval, and Acceptance Process: 2.1 Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Public Works a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built" drawings as required in B.3.2.3, above, and shall request County inspection of the Off -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public Works personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. For purposes of this Agreement damages to the subject improvements caused by factors outside the control of the Property Owner, including Force Majeure events as set forth in Part II.F Subsection 13.0, shall not be considered as deficiencies or routine maintenance needs and the Property Owner shall not be liable for repair of the subject improvements necessitated as a result of such factors. County personnel shall re -inspect the improvements after notification from the Property Owner that mid deficiencies have been corrected. If the County personnel finds that the improvements are constructed according to County standards, he or she shall approve the improvements. Such final approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 2.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed by the County, portions of the improvements may be placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit, and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County, and all terns of this Agreement ▪ have been faithfully kept by Property Owner. 2 ▪ D. Access and Right -of -Way Permits; 1.0 Access Permits. Property Owner shall not use any access onto any County road unless and until an access permit has been issued by the Department of 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 an additional access point, or if there is a change in use of the current access point, as permitted rgby Article V of Chapter 12 of the Weld County Code. 2.0 Right -of -Way (ROW) Permits. Per Article IV of Chapter 12 of the Weld County Code, any work arLL occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work �� shall occur without said ROW permit. ii� E. Enforcement and Remedies: MV� r'4 -r Creston Pcak Resource Holdings. LLC - IA - CR 61 AP/119-00231 hPage 9 of 13 str.� 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have thirty (30) days within which to either cure the violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. In such event the County and/or the BOCC shall provide an accounting to the Property Owner within thirty (30) days of accessing collateral and setting forth (a) that portion of the collateral used to complete such improvements and (b) that portion of the collateral remaining 2.2. Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as described above. 2.4 Revocation of Permit. Property Owner acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the Permit, and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code. F. General Provisions: ▪ 1.0 Successors and Assigns. • 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom 3-- the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case, Property Owner's release of its obligations g shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. oar- 'S =- 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without Crestone Peak Resource Holdings, Lof i3LC - IA - CR 6/ AP, 19-0023I Page l0 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 Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 6.0 Choice of Law/Jurisdiction,. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 7.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 8.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and alt liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on amount of any such suit, action or claim, and notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements or the negligence of the Property Owner and pay any and all judgments rendered against the County on account of any such suit, action or claim; notwithstanding Section 7.0 above. Property Owner shall pay all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim if the liability loss or damage is caused by or arises out of the negligence of the Property Owner or its officers, agents, employees, or otherwise. Property Owner is not responsible 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 Creston Peak Resource Holdings, LLC - IA - CR 6/ AP# 19-00231 Page 11 of 13 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 finding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 10.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 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 this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 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 terms of the Weld County Code shall control. 13.0 Force Majeure. To the extent the Property Owner is rendered wholly or partially unable to perform, or is delayed in performance of, any of its obligations under this Agreement due to an event that is (a) beyond its reasonable control, (b) is not the result of Property Owner negligence, willful misconduct, breach of contract, or intentional act or omission, and (c) could not be reasonably anticipated as of the date of the event, including, to the extent the foregoing conditions are met, acts of God (including fire, tornado, flood, earthquake, storm, lightning strike, volcanic eruption, hurricane, or other natural disaster), winter storm emergencies as defined by the National Weather Service and set forth in Section 2-9-50 of the Weld County Code, nationwide strikes, lockouts, war, riots, acts of the public enemy or terrorist, failure to obtain permits despite the Property Owner's diligent efforts (a Force Majeure), such failure to perform or delay in performance shall not constitute a default under this Agreement, so long as the Property Owner (i) notifies the County as soon as practicable following the commencement of the Force Majeure, (ii) takes reasonable steps or avoid or remove the Force Majeure, and (iii) resumes performance when and to the extent the Force Majeure is removed. Unless a Force Majeure substantially frustrates the performance of a Property Owner's obligations under this Agreement, the Force Majeure shall not operate to excuse, but only to delay performance, and the obligations of the Property Owner shall be extended in an amount of time equal to the time of such delay. Creston, Peak Resource Holdings, LLC - IA - CR 6/ AP# 19-00231 Page 12 of 13 PROPERTY OWNER: Crestone Peak Resource Holdings, LLC By: `--- Date: 7/ Li / Z o 19 Name: 0...v.4 S fEt.4.4- Title: V I 7-1,X STATE OF COLORADO County of Weld The foregoing instrument was acknowledged before me this day of. 201q, by DWI [3 Sr��gtt t t? C454 c WTTNSNE my handandflfficial_Beal. LAURA L CUSTER Notary Public State of Colorado Notary ID 0 20124001516 foyCommission Expires 04-18-2021 Notary WELD COUNTY: ,�,/ ATTEST: V eit0;e1 BOARD OF COUNTY COMMISSIONERS Weld "i ty to .JWELD COUNTY, COLORADO BY: Deputy Cl •; to 4'343175 Psgss: 13 of 23 11/20/2010 12:33 PM R F“:$0.00 Carly Kappa., Clerk and Recorder, Weld County, CO VIII IM '1fttl rrlllPIPals1k(ig NO' ike Freeman, Chair Pro-Tem NOV 18 2019 Creston. Peak ROW= Holdings, LLC -IA - CR 6/ AN 19-00231 Page 13 of 13 ,g0/9- 47 13 ASCENT ' Il m o. S S O t': i'QN', 7535 Hilltop Circle Denver, CO 80221 Ph: 303.928.7128 TBPLS Firm Registration No. 10194000 www.ascenfgeomotics.com RE: Lochbuie Land 25H-0166 Access Road -- Engineer's Opinion of Probable Construction Costs Attached is Ascent Geomatics Solutions (consultant) Engineers Opinion of Probable Construction Costs (Opinion) for the Lochbuie Land 25H -D166 Pad, specifically for the Access Road construction plans prepared for Crestone Peak Resources (Client). This Opinion is based on values derived from the RSMeans 2019 Heavy Construction Cost Data Book by Gordian, adjusted to Greeley, Colorado City Cost Index. Assumptions/Exclusions: • This Opinion is only that; it represents consultants best judgment as a design professional • Consultant has no control over the cost of labor and material, competitive bidding, or market conditions • Consultant does not guarantee the accuracy of the Opinion as compared to actual bids or cost to the Client • If the Client desires a higher level of confidence in predicting anticipated construction cost than that provided in the Opinion, the Client should retain the services of a professional cost estimator for this purpose Prepared by: • 4 301 • • el i • • :e. Fn,',"• Michael L. Pool, P.E. Colorado Licensed Professional Engineer No. 40301 For and on behalf of Petroleum Field Services LLC d.b.a. Ascent Geomatics Solutions r• • • 4543175 Pages: 14 of 23 11/20/2019 12:33 P11 R Fne:10.00 Carly Koppel, Clerk and Recorder, Weld County, CO ii)CtIVAtiieldk:141L Oil Me 11111 We ore what we repeatedly do, Excellence, then, is not an act, but a habit. -Aristotle Lochbuie Land 25H -D166 Access Road Engineer's Opinion of Probable Construction Costs Public Works Description Unit Quantity Unit Cost ($) Amount ($) Stripping & Stockpiling (200 HP dozer) CY 801 $0.90 $720.61 Rough Grading (Rough grade open sites 20,100-25,000 S.F., grader) EA 1 $1,190.70 $1,190.70 Finish Grading (Grade subgrade for base course, roadways) SY 2535 $0.48 $1,207.37 Street Base (12" deep) SY 2535 $11.91 $30,184.25 Reinforced Culverts RCP - 15" (CI 3) LF 42 $32.19 $1,352.11 Flared End Section - 15" EA 1 $383.67 $383.67 Headwall LF 5.25 $264.60 $1,389.15 Subtotal Public Works $36,427.85 Planning Services Description Unit Quantity Unit Cost ($) Amount ($) Site Grading SY 5718 $0.19 $1,059.09 Erosion Control Measures - Sediment Control Log LF 268 $7.67 $2,056.47 Erosion Control Blanket (paper biodegradable mesh) for Grass Lined Swale SF 20472 $0.71 $14,625.61 Ditch Installation LF 1727 $0.27 $472.20 Permanent Seeding (Arapahoe County Est) AC 0.66 $2,500.00 $1,650.00 Subtotal Public Works $19,863.36 TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS TOTAL COST Public Works Planning Services TOTAL $36,427.85 X$19,863.36 291.21 Note: Estimated unit cost, includes labor and materials, of all public improvements to be constructed. Greeley used for City Cost Index. 4543178 Pages: 18 of 23 11lr/2110 12:33 PSI R Ras $8.00 Carle Kcmm, Cl.rk and Raoordor, anla Camty, Ct SIN �U�.�L1�Rh�i 'I r t rlrilw:ti. PI + 1111 EXIJIBIT B--1 - Time 5elledUle (OFF -S'I'TE) anic of Subdivision, PtMI), LISRR, Rem S'i'a 4 OG ht44, Lnd 299 ighte e5s riling/Case n; Location: LdciI Lit M4lidige to Privy.* bound, the ranitcrrlp icd ,tpplicaut her tj' aarees to proride rhrortghnui Ibis'.(irerih, Iht jbtlaw/Ng improvements. All tmprovenrente .shalt be cornplatod"within /• 0 years from the ddito of approval, of the final plat. Construction of the Improvements listed In Exhibit A-1 shill be completed as follows: Improvenients "Time Schedule (Leave spaces blank whore tbei' do not apply ) - -- KDF'-SITE) j.PUBLIC WORKS. -- Survey, Street Monnsnents/Boxes Street Grading Street Bas© Street Paving Pavement Marking Entrance/Access Improvements Road Culvert Sidewalks, (OFF -SITE) Curbs, Gutters, and Culverts _ ._... Dust Control (per Sec, E.-7.5.2) Road Maint. Collateral (per Sec. E; .73) ... 4..FIANNING SERVICES -1. Sidewalks, (ON -SITE) Curbs, Glitters, and Culverts Fire Hydrants Site Grading Zr Retention /'Detention ponds StertDwater/Drainbec. Facilities Erosion Control Measures/SNIP'S Crass Lined Swale Subsurface Drainage Mel; Improvements 2. Parking Mailboxes Area, .Cueb Stops, Bias: Kiosk, Street Lighting Street Names �- - -- _ Signage c Fencing Requirements .- Landscaping, Seeding, Trees, .etc. 2 ` Park lmproveinerits Handicap Accessibility, Parking & Rails EXHIBIT ,,health bcpantment j. r Septic. Systems illir Final Calla �y! !!e fns �.ntirci'ncect act e �� r ` � r,, r 20 4543175 Pogo: 16 of 23 11/20/2019 12:33 PM R Fee:$0.00 Carly Koppee, Clerk end Recorder, Weld County, CO III NPAIRDiNglifiiiiirlikriihallNAFV/aiiivti III III EXHIBIT B=1= Time Schedule- Signature Page The County, at its option; and upon the request of the. Applicant, may pintail extension of time -for completion for any particular- improvements shown above, upon a showing by the Applicaitt'tha( the above schedulecannot be met. By. •r o5 L. r 64. /ee ..., of Applicant ate.., Titid $Y Applicant Title Date r 2 , 2Q r 9 Data , 20 4343175 Pa17 of 23 11/20/2810 12:33 PM R Fss:$0.l0 Wrly KaPPs�, Clerk end R�oord�r, Mlrld CountY� CO lii ra � a �:ialLd tiVi Ii iii 4543175 Pages: 18 of 23 11/20/2019 12:33 PM R Fes:$0.00 Carly Kempen, Clerk and Recorder, Weld County, CO 01 rJU!iIVk I II III 4* In istais la NLM)TACM4/ tSVMCS AM+ hr5 dow.A.B! A, ► S . AL: ir. ca Wit (t atIOTiA ^e71.,1Ycc sPair We 04 'Whirai'CAT4tit" M.trf to :#'►' t/swank_ 5PECecotaTTONs FOR ROAD APO BRIDGE OOAQTRUCTION OR AS AMENDED AND THE M STANDARD Pine RATIO SA• 701? OR AS ARMED AU WORK WE. 0E wiSPECTID AND •PPRCVED t• *TeX do .. cis,st•i.: ':Ji. sr#.. •, w•. sA 4 .4" •J•:.' . +! ".w ei'r. s • • asst •A .l+ Oc 11E CONTRACT ^CONE E f11 CORY OF THE 6TORhaft* IEA VANAOEIA NT PLAN FOR THE **JAECT �9 r SHAu 9E Mc CAYORAC'ORS iESPONE JrY M NOT W'V 't•1E oS.ci aFPR NTAtwF CY air PASsta N WFFVIOOC TO ')E APPROVE° PLANS ‘OR ANT E_EIENT qF '1F Pap905E0 swoon sog pe ssiNCA fib 1.411W W.80111.).• Ave cj gtteaxto. WM as BUS 4.1.cc CAt0 tnt'PC *+wi$: scats*+t irrA►. M l►itsCP. wM 1R tTse. w '.E CtstIM'1al 4* MA4SPic t"4 CLiI'Yeirts soL,A. aKRM Nx F44W/i ft* 'tai► C16.*3 A'T To. IZT►18*C0 16 i 4,"CFAs S IfAFA limAs: AF:' i P4(3 •t>'t NI ANAA q • tot *Mr: t% WpalittfACOMMIDANY '0 'a am 'w •iac':/ f,.,•c* is ts.Ag,• aj (.0. it • :,tsrns.a. •7. X.•i'e054 •' MC swami I TO T14 JOB WE PC ISSN) 6A1n OF Ali PERRON* Alt PROPF. RI V aswtl Ttf PEYiOitialia OP THE NOOK 1s¢ Cow Racial,* W'aj. PROVIDE AU Lk"i.115 SOIL 9AN►IICAOE5 cuto0ERS OR OT►eEle itvns ,cCESSARt TO DR0'vOE FOR 14 *bac c ys't'TY trim REG00Eono SHALL APPLY cow" intiovaV AND PCT BE LINKED TO NORMAN NORTOIC POURS THE CONTgAGT(R SHAW. BE RESPONSIBLE TOP NI ASPECTS Os SAFFrV PCUDING BU' t3T LISTED TO E]IC AvATe• meow: 9rC1IM•C. 'RAFFC CONTROL AAA SECSIRITY REFER TO O!>P•A oveurA cr, :?76 • IH,Arr 'pas♦st„ "it. ..• : Aar In we, Jas• •." Oa THE CO%CRACtOR S.MLL MARK 1%41 HON THE UNITS OF The CI O W. AND CAStilors MDCATED ON THE PLANS Tot CONtairr P is.s. L ItEEP Ecup{_►NT AND IAA !Em t Ana Tie EsTABUSHED Owls Iwt .AY MAC- :A tm..4 M a loTt`a*aI 6"'• of =ate.: •`. '' W • •'.aa► %') Mir •• v, a. t•• OINMEA5 A$ OEESED NECESSAfrt CT IME CONTRACTOR **LL torn Au AP:E[1ED PROPER re OWNERS AA warns St ACV*NCa OF ANY q[A A, (N`r It ! fl.a sl sryd•• 4400'A N 44411.1 M• :.TD Th4I OALL1RACTOR eau RE REsPO't51Hl.v. toll All slow CTs CC %Ann,.INCLUOIAG RUT NOT tW1EC TO EXCAVATION TREWQTWt; 44OR at, IRATGC alt. Ilfl AND SECURfn'I %CETI 10 ANA a,I IU'1 WJnf Mira Int A C T+KA[IMP col THE coNTWLCTUR % &i LINT CONSTR:ICTQN atTNTTIES 'O "C& tA%AS AIT•.N "t .iG •'a,F otivRBANCE ANDIOP TOES. OF 9.OPE8 AS SHO a OM 's PLANS AND CROSS B,CCtals AN• DR5TURsANCE BINCNO THESE UWTY %au IN RESTORED TO OIGSL*L COwDFT1ON BY 'wF CONTRACTOR ar The CONTRACTORS OMENS OWrntcrcN ACUITIES AI AOQITION TO NORMAL tams *Lc aaTAS`I)al * *a. *Ca TI. tr4* I -_1-tI. .3 4a 3 A! a WARS lt' ilel"ka1As t * e : •Tis NC M V Bile.'* .C.'e'w stets* 'Kin a. Alii'MI)t 02AcriCAA ''•�, a tttPipet NOT CCLOI.CT ♦MT CRERA'IOte OR STAGING OUTSIDE -4/E 00NSMUC-ON UNITS 61,0044 ON "'E *AM Nt"C:T Pith.flas*. A 80,1.4 s"IOJBOt NA,i/IAC`G.1 Ci•a T.E S JT., sick \ h.• •. -.- OgsM m U./L CIS . i seat • nit t JWS•) t/TILETY QoNTTAcT jal ODMEi'.AST * (S ases4das CENTURY URN T LEE) 244.1111 was EMMY " MOOS Mel LOCHBUIE LAND 26H -O166 ACCESS ROAD SECTIONS 23, 24, 26, 26, TOWNSHIP I NORTH, RANGE 66 WEST, 6TH P.M. EXHIBIT HORIZONTAL CONTROL PLAN CALF ''•'X CAMTACTS PROPERTY OWNER ASCENT GEO W TAGS 901.1lT10NS $62D1ACI.FF COIFTT WESTMINSTER C0OS* R9Gtj 13213-T12e • Aa`AIL BC"i 111.1 141141 Ii w'N;A EW'Sii LO NORM STAY f Al AN GAIN Fan 4I 37wlSral id:A;iir NOTES t ALL DISTANCES AND DEAAINGSsnaWINHEREON AIR GROUND VALUES AS .."WI 43LA'4UA..14R *CU Vi •.?"' '4% To N11ii VS it -et' PEmil NDI A., TOUna SHOWNHEREDN THIS tow WSTORTION PROJECTION I1.DP) 6 USED ON THE NORTH AMERICAN DATUM 01 1903 U S SURVEY 1.001 W►TN A LATITUDE ORGIN Of aD 06101 314 A CINTRA'• MERaDIAN IDNGITUOC OF IOLLTT2TS W. AND A SCALE FACTOR ON THE ON ram MTRIDU +Or'SEWS MULCT! THE LDP BASS c s MEANINGS IS GI COE TO NORTH ammflommoimmotroisnimmeMmin r --,• r: t •.N'. dr Rd Ilea )ea t rehrtze aso. anon, DP ts.f1, SI 4543173 Pops: i9 of 23 !!/Z!/�!0 lZ:33 A!1 R Fai:�O.lO Carly Karl" CUrk alxt Ra r:L•l 0 00 Casty NPR, CO OPRI NIA+ '1: NAAFI MIS�L��tik' II III 'CHIME LAND 26H•D166 ACCESS ROAD SECTIONS 27, 24, 26, 26, TOWNSHIP 7 NORTH, RANGE 66 WEST, 6TN P.M. CONSTEVDTION NOTES: C, Mtarr,rADtq SVR1L SS fF1V+•tO gEw�'rAYNDM13yAt3WwD(O gftaYt3 Ar ALL txftl NO Ypp1pALMTgtD,t NqA FF sIApFfdf µWl,FStlWq plq�hNOI,AM eIKtl >♦WMFv OMtlwC4Yi{IEr(tsRRyLtlWFpppINp N. r,lpq,�g4LilNtAM ,O ryypy,FLYpYMtKAtlSiff raFIFAOgAta{IFLq?b THE mn,RAcipq 9WL ADGlES6 tMAL owNDE pYaq EACH PiflfE of mN5TRUL,IDV r,As EN4L NcreE eAq rORePAM1Av tuT fquu Ni(vWAEwEO WLpEN,M TDhENc.1C CR N,IN3 FEK£8 ME IfpRGrfL tlf rNf C(NlilgLCipN MEY NALL BE R7?LQr® ON.• iNiR! pPPgOVEO B. LNE EVIDK6l ALL IgryATE LNESTDOi AgEA3 9NLL EE MAMiAM® rNRgq, L',pFIRFACIpiI tYMbFb1EQYDFTMOMIW TFM:M /4CQAtlgtll tNpvYSt API FE:WUfM U ui WCYF4 iM1Ei64 AND FMtlAIAMBR OOAIt N OJNpM:iFD N ACmRDRK.E WiN IROrtD, D IECNNON E'CFlDprOIL AND THE r4ONDL pE1AR>.AVr Op TAANBICArATON xDLRp EPKFGTLxf WR ROAD AND MSEL Ltip,RucilW ELri mrtbM !A¢pi vAHF ,aTEDO,NFiApE t3 fORwcitaf 9uu NgIFCt ALL ACFOOR IRPFRrT Fart F¢u,xLp Nlf NOT IEIFRfA LENCEF BSnitltlFS YNLL3 irQ! 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WNSiquCi[si EHALL i0.lON riE exAEWGptA49iEE13 AM ANiI. BE wNN111FD i0 ME ENGNEP OVF uEEN NItDR IOGo,6TRut,grirNitl AnRW W ORPEiELTSW c LL DErOLa pAVY46N4L NEu2f fur NJT BF INIrfDIf. AWnfi, ABC ENLw,FNi LWrERuI. 'ELAORFM L111Y£RT E% ARD II:N,G EItE REDLMrL iD strE.LY AJLONIgDR(E ,ELA>awgv igAFr,c n9 DaK(EDtlY TnEENGSCCA UTILITY NOTES: w r•p corY.cTetl s swrxaY c.OBeiao iwr AF axArIDN AAOLgi fLfwrpR d awNL EBES. 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ISatnEo I. 5616AED TNEmEi WR rilE DUST vALLNYNENiL xpr EE uFi4LLRE0 AN) vAp EyR sEPAM.•Ely wi Swu tE f.LLUDEC N THE mei OF INCUB.Eim FICA'/A,IW iCprrolEiE N ci.KEl wry gE4iRED FOR cAMACIg1N OF tlAEFE miq AN^ Lu Nil fE coaMERfO of 9if9W i INAT Oep4rOq A,p VILNOT tlE pop FOO>EIAMi6ty E] ppKW ,O HALING ANT fABNALNExr NE SJBCMAJE ApfA 4wL fE TNOgWO,Ev 9rARFFb ,0 NIDE9 D iA M Att4Y1WCE Nv(N rklZpu A1AT O[ THE CDOT GrATpnp SeEfiYa,Tlp,& µic eiW.l fEf% pACTFp iO1NY DFB�WVMu, AElA1NE CA„gACipix MrpEµ51}v ENVIRONMENTAL NOTES: E u, vFfgq FE A,p fmFKNI CV,FAYiD iNE pA0£D' AREA NLL Y nEAu oE,pFpyE NEF3K Ax0 SURVEY NOTES 7.. Atl ta.EE•.wR¢NnrAwaFF NprK+[D AApgKiFMLAAr� DEVELOPMENT REVIEWNOTE. O' ALL VNME wBNN YifW DDUx,T RFAi�DFmvou RDApNNvs LNN,ANED BY x.Einrq»irY SNNIeE wlrp^R�,N�E iulE5f RE�u� iNE Utpi 6iAxpwD6pfiClFtnib,A rOR ROSO.Np BR¢nE REVFtlx O<i� COOr F1Flp i4Y[nu.LW�OUAV.BDCIXNrY RYLpwY49iAu BE PEA ,xE IP,EEi u NORM W,sEx YFiOrn,x,Y NrAir DF Ntiv DN ROAUWYE NO(NAwANFO tiv NEtD COIE+,Y vuL EE ifarm ea ,Ne uTEf• IaasDN or rnF coar rFiD wrERNs wtRi.L 6 F lil! RD Ic 2UF'j� Q � O N � rc 0430-2018 0471-2019 ::.. C2 4643175 Parts: 20 of 23 11/2072019 12:33 PM R Fa1m:$0.00 Carly K05.1, Clark and Rewarder, Weld County, Co 11111110.07IQfirial litIMIOUw+ISKi:1 141IiiiiBiil LOCHBUIE LAND 25H -D166 ACCESS ROAD SECTIONS 23, 24, 25, 26, TOWNSHIP 1 NORTH, RANGE 66 WEST, 6TH P.M. UTILITY NOTES: 45431m Pam: 21 of 23 11/20/2010 12:33 PM P F..:$0.00 Carly K s, Cisrk and Rsordsr, Wald county, Co IEl VirrLYM it Li III II SECTIONS 2J, 24,%",761=2:11:11=7:63 WEST, 6TH P.M. tlll_—. _ ill NOTE: OBTAINEDPRDM OLDCASTLEINFRASTRUCTURE OR USE APPROVED EQUIVALENT 1.44‘.414.4 beirIL C��AI1�7�y, LTPi'l �v � NOTE' FER TO (:DOI UF1t0WALl. AND PIPRF"E OUTLET PAVING (ME01-12) NOTE•" SFi.,MPsu ppet,a�,uErur r b,1RE4Ex�re EARTHWORK NOTES: �E�Cs !.� �!N*�aosr ar �Nc.r_mnoFzc=.vnr!on!tC.VKEE!.v =,rcF 5.. �a!W. 'IU vA_IM; a.Nr ku112N!(YL-4- rME RwY,Ns.CF. aoFa 't„t Pf iu;w.M.r;:.v'.,Y SCARIFlef �c !N ryttxlriCniS.F. w1rH w� ,!)^. r+o svt IC.n'I'Y✓vS att. swuee m+sa_-nroxa ors z,a„w aE,P-H-auracnu -�v ou+sm�.c� �xs! vr„µ,x».a[�,[e!WCFy E1tiiNEEFl!NG 9944ar. pem a[ap re'94 a a99.9,4 91,4 t U \ � N OQ r O o O 04-30-201 04-11-2019 tr ii Hs i' _ OP C4 4543175 Pages: 22 of 23 11/20/2019 12:33 PM R Fes:$0.00 Carly Koppaa, Clark and Recorder, Weld County, CO ValVILMICATiltileritilLihilinkiritLIA HI LOCHBUIE LANG 25H-D1fi6 ACCESS ROAD SECTIONS 23, 24, 25, 26, TOWNSHIP 1 NORTH, RANGE 66 WEST, 8TH P.M. IOwiAf+Y�IOR Ciirb,�po C5 4543175 Pates: 23 of 23 11/20/2010 12:33 PM R Fee:=0.00 Carly Kopp., Clark and Radar. , Wald County, CO VIII I��1�'13�II��'IMI MgLIM l'ilMVAIIA 111!1 LOCHBUIE LAND 25H -D166 ACCESS ROAD SECTIONS 23, 24, 25, 26, TOWNSHIP 7 NORTH, RANGE 66 WE5T, 6TH P.NI. EC -1Z Ilk, p,.agtNe {111 Inlet Prn,ec,lon flv, k:C. u� = 6r£ Wtlnt. JRN`Y.GE 6PEC!FCAtbi:3, 3* Pe iaW aaP. 54_LJr+U 4vC BC.L.�rtcl EtiR-v.t.(IP GnP HE'IJ�REM_4': C6 Contract Form New Contract Request Entity information Entity Name's CRESTONE PE,AlE RESOURCE @00040463 HOLDINGS LLC Entity ID. Contract Name. Contract ID IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT 3204 CR6/AP19-105231 Contract Lead. Contract Status TJUANICORENA CTB REVIEW ❑ New Entity? Contract Lead Email 1/ nlrorene@co weld co us Contract Description. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT CR6/AP19-0/231 El COLLATERAL Contract Description 2 Contract Type " Department AGREEMENT PUBLIC'WGRKS Amount. S56,291.21 Renewable' NO Automatic Renewal Grant ICA Department Email CM_ Pc.blicWorks@weidgc .com Department Head Email CM-PublicWocks- DeptHead@welcigov.cC:rn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- 00U NTYA TTORN EY@WE L u C,COM rF this is a renewal enter previous Contract ID if this is part of a IsiSA enter NISA Contract ID Requested BOCC Agenda Date. 11/C9/2019 Parent Contract ID Requires Board Approval YES Department Project # Due ©ate 11,02/'2©13 Will a work session with 80GC be required?. tau Does Contract require Purchasing Dept, to be included? NO Note: the Previews Contract Number and Master Sototces Agreement Number sttouIc.1 be left blank if those contracts are no Contract Dates Effective Date Termination Notice Period Review Date., 1/14/2023 Committed Delivery Date Renewal Date Expiration Date 11/10,2021 Contact Information Contact Info Contact Name Contact Type Contact Email Purchasing Purchasing Approver Approval Process Department Head Finance Approver JAY MC❑ONALD CHRIS 1/38101O Contact Phone 1 Contact Phone 2 Purchasing Approved Date Legal Counsel BOB CHOATE OH Approved Date finance Approved Date Legal Counsel Approved Date 10/30/2019 10131/2019 11/01/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11/18/2019 Originator TJUANICORENA Tyler Ref # AG 111819 Submit Cheryl Hoffman From: Sent: To: Subject: Attachments: Jazmyn Trujillo Martinez Tuesday, September 6, 2022 3:15 PM Cheryl Hoffman; Daniel Mesa; Dawn Anderson; Esther Gesick; Karla Ford; Tom Parko Jr. BOCC PA REVIEW - AP19-00231 — Civitas Resources Signed PA & Collateral Release AP19-00231.pdf ATTACHED BOCC PA REVIEW Improvements Agreement: Full Release of Collateral Case/Applicant: AP19-00231 — Civitas Resources, Inc (formerly Crestone Peak Resources Holdings, LLC) Please note: Regular Agenda Thank you, 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. Cheryl Hoffman From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: t is safe. Lam Dinh <Idinh@civiresources.com> Wednesday, August 24, 2022 4:22 PM Esther Gesick Tom Parko Jr.; Jazmyn Trujillo Martinez; Cheryl Hoffman; Don Warden; Bruce Barker RE: Weld County - Letter of Credit NUSCGS030092 Follow up Flagged n attachments unle Don and Esther —Thank you so much for your quick response on this. Have a good day!! Thanks, Lam Dinh Assistant Treasurer Direct 303-312-8111 I Cell 303-549-8751 555 17th Street I Suite 3500 I Denver, CO 180202 www.civitasresources.com I NYSE: CIVI Q CIVITAS From: Esther Gesick <egesick@weldgov.com> Sent: Wednesday, August 24, 2022 4:12 PM To: Lam Dinh <Idinh@civiresources.com> Cc: Tom Parko Jr. <tparko@weldgov.com>; Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Don Warden <dwarden@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: FW: Weld County - Letter of Credit NUSCGS030092 Hello Lam Dihn, Thanks for reaching out. The specific Department of Planning Services personnel are copied on this email and they will be able to research this and reach out with any further requests or instructions. Upon their review/inspection, the request will be forwarded to the Clerk to the Board to prepare a Resolution for the Board to grant the release, at which time we will work with the banking institution to return the associated collateral. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 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: Don Warden <dwarden@weldgov.com> Sent: Wednesday, August 24, 2022 3:01 PM To: Lam Dinh <Idinh@civiresources.com>; Esther Gesick <egesick@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: FW: Weld County - Letter of Credit NUSCGS030092 I am forwarding your email to Esther Gesick, Clerk to the Board, Tom Parko, Director of Planning, and Bruce Barker, County Attorney, who handle the letters of credit. Donald D. Warden Director of Finance and Administration Finance and Administration PO Box 758 1150 O Street Greeley, CO 80632 tel: 970-356-4000 Extension 4218 email: dwarden@co.weld.co.us 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: Lam Dinh <Idinh@civiresources.com> Sent: Wednesday, August 24, 2022 2:33 PM To: Don Warden <dwarden@weldgov.com> Subject: Weld County - Letter of Credit NUSCGS030092 We:of Gayernipent:,Do dot eIick Ni l s fe Hi Donald, My name is Lam Dinh. I'm the Assistant Treasurer for Civitas Resources, Inc which is the parent company for Crestone Peak Resources. I'm trying to reach the appropriate department who can help us to cancel the letter of credit that was issued by JPM on 10/19/2019 and the beneficiary was Weld County. I've tried multiple times via phone and email but didn't get any responses. Would you kindly guide or forward this email to the right direction? I would greatly appreciate it. Thank you so much in advance, sir. 2 Lam Dinh Assistant Treasurer Direct 303-312-8111 I Cell 303-549-8751 555 17. Street I Suite 3500 I Denver, CO 180202 www.civitasresources.com I NYSE: CIVI CIVITAS 3 Contract Form New Contract Request Entity Information Entity Name. CIVITAS RESOURCES INC Entity ID* A'0004605;r Contract Name. FULL RELEASE OF COLLATERAL CIVITAS RESOURCES INC (FORMERLY CRESTONE PEAK RESOURCE HOLDINGS LLC) AP19-00231 Contract Status CTB REVIEW ❑ New Entity? Contract ID 6311 Contract Lead. JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinezeldgov.c om Parent Contract ID Requires Board Approval YES Department Project Contract Description. FULL RELEASE OF COLLATERAL CIVITAS RESOURCES INC (FORMERLY CRESTONE PEAK RESOURCE HOLDINGS LLC) AP19-00231 FULL COLLATERAL RELEASE OF 556,291.21 IRREVOCABLE STANDBY LOC NO. NUSCGS030092 ISSUED BY JPMORGAN CHASE BANK Contract Description 2 Contract Type. AGREEMENT Amount. 556,291.21 Renewable NO Automatic Renewal Grant IGA Department PLANNING Department Email CM-Planning@veldgov.com Department Head Email CM-Planning- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO R N EY:Y WELDG OV.COM Requested BOCC Agenda Date 09 1912022 Due Date 09 1 5 2022 Will a work session with B©CC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Rase Contract Dates Effective Date Review Date. 09:19/'2023 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date • 09'19x2024 Contact Type Contact Email Contact Phone i Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOM PARKO JR. DH Approved Date 09/12/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 0919?2022 Originator JTRUJILLOMARTINEZ Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 09/12'2022 09.12/2022 Tyler Ref # AG 091922 Hello