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Home My WebLink About20213015.tiffRESOLUTION RE: APPROVE FULL RELEASE OF WARRANTY COLLATERAL FOR MINOR AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0025 - ROSE ROCK MIDSTREAM CRUDE, LP, AND ASPHALT SPECIALITIES COMPANY, INC. 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 January 19, 2015, the Director of the Department of Planning Services, Tom Parko, approved a Minor Amendment, MUSR14-0025, (Minor Amendment to 2nd AmUSR-1614), for Rose Rock Midstream Crude, LP, 3030 NW Expressway, Suite 1100, Oklahoma City, Oklahoma 73112, for Mineral Resource Development Facilities, including Oil and Gas Support and Service, including the expansion of the truck unloading area to fourteen (14) bays, two (2) additional 100,000 -barrel tanks for crude oil storage, five (5) 5,000 -barrel tanks, a new office and a new shop/warehouse structure in the A (Agricultural) Zone District, on the following described real estate, to -wit: Lot C of Recorded Exemption, RE -4829; being part of the S1/2 SE1/4 of Section 24, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, on August 19, 2015, pursuant to certain Conditions of Approval, 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 Rose Rock Midstream Crude, LP, with terms and conditions being as stated in said agreement, and WHEREAS, on September 24, 2015, Asphalt Specialties Company, Inc., 10100 Dallas Street, Henderson, Colorado 80640, provided a five-year warranty guarantee for work done on a portion of County Road 30 that was related to MUSR14-0025, in the form of company check #34351, in the amount of $8,500.00, submitted to the Department of Public Works for retention during the five-year guarantee period, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services received a request from Asphalt Specialties Company, Inc., requesting that the Board of County Commissioners and Department of Public Works release the currently held warranty collateral for MUSR14-0025, in the amount of $8,500.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a site inspection and recommend full release of said warranty collateral for the aforementioned improvements, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said warranty collateral, in the amount of $8,500.00, to Asphalt Specialties Company, Inc., 10100 Dallas Street, Henderson, Colorado 80640. 4773484 Pages: 1 of 2 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County , CO cc:PL(iP, A/srM/KR/ve) 1( 130/2.1 2021-3015 PL1918 FULL RELEASE OF WARRANTY COLLATERAL - ROSE ROCK MIDSREAM CRUDE, LP, AND ASPHALT SPECIALTIES COMPANY, INC. PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the warranty collateral in the amount of $8,500.00, provided by Asphalt Specialties Company, Inc., 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of October, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtifido XL:64, Weld County Clerk to the Board BY: Deputy Clerk to the Board AP" • ED County Attorney Date of signature: I /o2./.2- 4773484 Pages: 2 of 2 11/05/2021 10:54 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County CO �� T�+'�I li�+�14 �� GN �►Lti'N�I �k �+tilil 11 111 oreno, Chair Steve Scott K. James, Pro-Tem EXCUSED Perry L. Buck ike Freeman Lori Sai 2021-3015 PL1918 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Full Release of Warranty Collateral for, Rose Rock Midstream Crude, LP and Asphalt Specialties Co. — MUSR14-0025 DEPARTMENT: Planning Services DATE: October 5, 2021 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Departments of Planning Services and Public Works received a request from Asphalt Specialties Co., requesting that the Board of County Commissioners and Department of Public Works release the currently held warranty collateral for MUSR14-0025 in the amount of $8,500.00. On September 24, 2015, Asphalt Specialties provided a five-year warranty guarantee for work done on a portion of Weld County Road 30 that was related to MUSR14-0025. Along with the guarantee, Asphalt Specialties submitted $8,500.00 in the form of a company check, check #34351, to the Department of Public Works for retention during the five-year guarantee. Public Works has confirmed that the check was deposited into their general revenue account in 2015 and are prepared to cut a check in the amount of $8,500.00 upon the approval of the Board of County Commissioners. Weld County Public Works and Planning Department performed a site inspection, at the above -mentioned site and recommends this full release of collateral. Bob Choate/Assistant County Attorney 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. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the full release of collateral for Rose Rock Midstream Crude, LP and Asphalt Specialties Co. — MUSR21-0025 and this item be placed on the next available agenda as part of the Regular Agenda. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Approve Schedule Reppmmendation Work Session Other/Comments: 2021-3015 1O/ tD5 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150O STREET P. O. BOX 758 GREELEY, CO 80632 December 2, 2021 Asphalt Specialties Company, Inc. Attn: Greg Simmons. Project Manager 10100 Dallas Street Henderson CO 80640 RE: Full Release of Warranty Collateral -- MUSR14-0025 — Rose Rock Midstream Crude, LP and Asphalt Specialties Company, Inc. Dear Mr. Simmons: Enclosed please find a copy of the Board of County Commissioner's Resolution, dated October 25, 2021, authorizing the full release of warranty collateral in the amount of $8,500.00 to Asphalt Specialties. Also enclosed please find Weld County Check - No. 3369360, payable to Asphalt Specialties Co Inc, in the amount of $8,500.00. If you have any questions, please contact me at (970) 400-4227, or email choffman@weldgov.com. Ve y truly yours, Cheryl L. off an Deputy Clerk to the Board Enclosure cc: Jazmyn Trujillo Martinez, Department of Planning Services Dawn Andersor, Department of Planning Services Tom Parka, Department of Planning Services Kim Ogle, Department of Planning Services Clerk to the Board File PL1918 U.5. Postal Service'M CERTIFIED MAIL® RECEIPT • Domestic Mail Only For delivery information, visit our website at www s.co►»®. tiY Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ El Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sc, Str‘e5 l t , , ti te, ZIP-±® PS Form 3800, April 2015 PSN753o-o2-000-gJ47 See Reverse for Instructions stmark H ele I 0V908 O3 NOSHSCIN2H 1RRaLS Svi1va OOGoI- ATTN: GREG SIMMONS, PROJECT MANAGER ASPHALT SPECIALTIES COMPANY, INC wed (® Fra In C LU E° , • L p C• .,`f•• • • • •CE> .,. .• i 1 - t . • F' .a.;I,_ 1. :eb .sd pp mco oan m x Q00 m � m X GD .-im co O o cn co r t r -+r,••nr,..'- t rrnrertIrgr:ff."rnrarl"CfrrmallgilagE • s�1 is • :. _ III maw d Nil 031100 1V 0'lOd 'SS3iiOOV N8n13a 31.1.1. AO !Wild JH1 U!. 3dO1.3AN3 AO d4.1 1V H3MI0IIS 13V*ld SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and 'address on the reverse so that we can' retL4rh he card to you. • Attach this calidlOthe back of the mailpiece, or on the front itspace permits. icle Addressed to; /0/n baaged> eco 1t4/-0 i 011 i 9590 9402 5390 9189 0174 68 i COMPLETE THIS SECTION ON DELIVERY A. Signature X (coMe.--N. B. Received by (Printed Name) S ( ..j c /2+ z ❑ Agent ddressee 1` it II C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 2. Article Number (Transfer from service label) 7017 1450 0000 9674 6476 k PS Form 3811, July 2015 PSN 7530-02-000-9053 l 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery isured Mail isured Mail Restricted Delivery )ver $500) D Priority Mail Express® ❑ Registered MaiITM D Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise D Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery IMP Domestic Return Receipt ; Weld County. Colorado WARRANT NUMBER 3369360 INVOICE NUMBER OR REFERENCE INVnIrF fATF INvnICF AMOUNT IHSC'nl INT OR DM! IC'TIONS ADDITIONAL AMOUNT NET AMOUNT REL COLLATERAL 11/08/21 8,500.00 0.00 0.00 8,500.00 i REMOVE DOCUMENT ALONG THIS PERFORATION THIS DOCUMENT IS PRINTED IN TWO COLORS. DO NOT ACCEPT UNLESS BLUE AND BROWN ARE PRESENT. STATE OF COLORADO Greeley, CO 80634 Eight Thousand Five Hundred Dollars PAY TO THE ORDER OF ASPHALT SPECIALTIES CO INC 10100 DALLAS ST HENDERSON CO 80643 ii 1,. tilt III►I Iu �iT. :''I f IIIIU { f.�i III I IIh illl►,ill'I' !rill/low Vve1dd"untytilll''�Ilil {I ,,Ii, ,,,,, ;,,;I I ,,I .��I�. I.f. By Order of The ioard Of County Corrrmissloners IIII!!!!II III 0. B 75A8 ' I' I I IIIIii , Greeley, 86 70632 (970) 356-4000 FAX: (970)352-0242 DATE 11/15/2021 82-91 H'000 3 3[ 9 3[30i1' I: LO 2 L009 Lai: 80 L a 7008 L81!' 1021 WARRANT NUMBER 3369360 OuT OF MONIES IN THE TREASURY APPROPRIATED THEREFOR AND CHARGEABLE TO THE PAY FXAC.TI Y $***'8,500.00 ASHED IN 60 DAYS --12.w,r CHAIRMAN BOARD OF COUNTY COMMISSIONERS e sz‘, CLERK OF THE BOARD COLLATERAL - RELEASED Entered this one on Collateral — Released List on 12/02/21 — Cheryl Hoffman Rose Rock Midstream Crude, LP. — MUSR14-0025, (PL1918 - #2015-2777) Improvements and Road Maintenance Agreement (Engineer's Estimate $846,645.00) Corporate Guaranty — Deposited with Public Works General Revenue (Never in our Trust Account) — check #034351 — dated 10/05/2015 from Asphalt Specialties Co (Warranty Collateral) $8,500.00 Full Release of Warranty Collateral to Asphalt Specialties Co Approved 10/25/21 — Contract ID #5297 Weld County #3369360, dated 11/15/2021 - $8,500.00 $ .00 ASPHALT SPECIALTIES CO. VENDOR NO. VENDOR NAME 12218 Weld County Public Works Dept REFERENCE DATE DESCRIPTION 1015 59 1USR14-0025 110/02/15 ose Rock - CR30 Imp.5YR 'N CHECK NUMBER 34351 034351 GROSS AMOUNT DISCOUNT I RETArr4AGE PREVIOUS I BALANCE NET AMOUNT 01 From: Richar Hastin s jr ilto..rhastings co weldic947 sJ Brut: Friday, ct0ber 02, 2015 2:48 PM To: Greg Sim ores Cc: Elizabeth elford; (Josh Holbrook; Janet L ndquist; Tiff Sided: RE: year ' f `arranty cover letter‘dos - Warranty eposit 0400 c unds like ev ,rythin is a go down on CR 30 o we're rea 'it' can make he the °k out to Weld County lublic Works pr o used 5- of r stay +fth the Count le s� p y y, please e add to the cl wiatever way kou think best: Rose R i • CR 30 • 5 -year along t Leif me know if Th anks, 7 Rich ck MUR14-0025 mprovErrients arraryCheck, as detailed in hose ii es) you ha+e any questions. R*hcrd Has tier s Compliance Anfrlyst & Construction inspector Mild ild County P pblic W rks 1.1111 1 H Street, D.0►. Bok 758 Grieeley, CO 80 32 (9 01304-64961Ext. 37 7 1 VENDOR NO. 12218 .S. letter d 0.00 ne Johnsen; Bob Choate 0.001 0.00 y to proc ed with the 8,500 Warr, my check, epartme t and in ordr to help trick the funds ► during its neck and o it's attachments, the folowing information in ted 9/29/ Sand A.S.g arantee dat 8/500.00 ed 9/24/15 (pr something I GROSS AMOUNT I DISCOUNT I RETAIyAGE I PREVIOUS j BALANCE 8,500.00 0.003 0 00 0.00 0.00 I NET AIMUE11' 8,500,00 E THE KEY TO DOCUMENT SECURITY HEAT ACTivATED THUMB 70 t Ab tttgt $AL s cbe Ac tui:iitsitUbtu:7, .5EE BACk4 FdR DETAILS ASPHALT SPECIALTIES CO. 10100 DALLAS ST. HENDERSON, CO 80640 OPERATING ACCOUNT ***Eight thousand five hundred and xx / 100 Dollars *** PAY TO THE ORDER OF Weld County Public Works Dept P.o, Box 758 Greeley CO 80632 Colorado Business Bank CO1B}Zf,nanc,al 15710 W Colfax Ave Golden, CO 80401 DATE 10/05/15 !1 i II•O3I35LII' I:1Q2003206i: 32 L,065?I`' 23-320/1020 CHECK NO. 34351 $8,500.00 034351 AMOUNT AUTHORIZED SIGNATURE Cheryl Hoffman To: Cc: Subject: Good morning, Jazmyn, Jazmyn Trujillo Martinez; Esther Gesick Cheryl Hoffman Cedar Creek II, LLC - AP21-00535 We could have this one ready for regular agenda on Wednesday, 10/20, if you'd like. I'll work on the Resolution today and have Esther proof it. OR, we could wait until Rose Rock Midstream Crude, LP and Asphalt Specialities Co — MUSR14- 0025 comes through OnBase and put them on the Agenda together. Which would you prefer? Additionally, on MUSR14-0025, Esther and I researched this one. Is there a way you could have the Accounting Dept do a Banner deposit/withdrawal accounting on this one for our records. And Jazmyn, when this one is approved and we send the Resolution to Accounting to cut us the $8,500.00 check from Public Works's general revenue account, could we have the check hand -delivered to me (or Esther) to go with our paperwork certified mail to the applicant, please? Just let me know what you think, Jazmyn. Thanks. Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 1 Cheryl Hoffman From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Jazmyn Trujillo Martinez Tuesday, October 5, 2021 9:23 AM Cheryl Hoffman; Dawn Anderson; Esther Gesick; Karla Ford; Tom Parko Jr. BOCC PA REVIEW - MUSR14-0025 - Rose Rock Signed PA & Warranty Collateral Release MUSR14-0025 Rose Rock.pdf Follow up Flagged ATTACHED BOCC PA REVIEW Improvements Agreement: Improvements and Road Maintenance Agreement — Full Release of Warranty Collateral Case/Applicant: MUSR14-0025 - Rose Rock Midstream Crude LP and Asphalt Specialties Co. Please note: Regular Agenda Item 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. 1 Jazmyn Trujillo Martinez From: Sent: To: Cc: Subject: Jazmyn, Dawn Anderson Wednesday, September 22, 2021 7:56 AM Jazmyn Trujillo Martinez Elizabeth Relford; Mona Weidenkeller FW: 5 year Warranty cover letter.doc - Warranty Deposit (CR 30 Improvements for MUSR14-0025) Josh Holbrook completed an inspection on this area yesterday for the extended warranty and did not find any concerns. Please move forward with the release of project extended collateral in the amount of $8,500 to Asphalt Specialties. Let me know if you have any questions. Thanks, Dawn R. Anderson Development Review Manager Weld County Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Email: dranderson@weldgov.cont Office: (970) 400- 3736 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: Josh Holbrook <jholbrook@weldgov.com> Sent: Wednesday, September 22, 2021 7:46 AM To: Elizabeth Relford <erelford@weldgov.com>; Mona Weidenkeller <mweidenkeller@weldgov.com> Cc: Dawn Anderson <dranderson@weldgov.com> Subject: RE: 5 year Warranty cover letter.doc - Warranty Deposit (CR 30 Improvements for MUSR14-0025) Good morning Everyone, I got down there yesterday and I did not see anything around STA 28+00 that would require a replacement. I think we are good to release the collateral. 1 Thank you. Joshua Holbrook Pavement Management Supervisor Department of Public Works 1111 H Street, Greeley CO 80632-0758 Office: 970.400.3744 Cell: 970.301.2622 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: Elizabeth Relford <erelford@weldeov.com> Sent: Tuesday, September 21, 2021 4:11 PM To: Mona Weidenkeller <mweidenkeller@weldgov.com> Cc: Josh Holbrook <iholbrook@weldgov.com>; Dawn Anderson <dranderson@weldgov.com> Subject: RE: 5 year Warranty cover letter.doc - Warranty Deposit (CR 30 Improvements for MUSR14-0025) Mona, Josh is inspecting it today. Once we hear back from him, we will have Dawn & Jazmyn proceed with closing out the warranty. What it means for you is that when the BOCC gives the official collateral release, we will need to cut a check back to them in that same amount. Dawn will let you know when the BOCC approves the release. Until then, you don't need to do anything. Thanks, Elizabeth From: Mona Weidenkeller <mweidenkeller@weldgov.com> Sent: Tuesday, September 21, 2021 4:00 PM To: Elizabeth Relford <erelford@weIdgov.com> Subject: RE: 5 year Warranty cover letter.doc - Warranty Deposit (CR 30 Improvements for MUSR14-0025) Hi Elizabeth - I'm not exactly sure what needs to happen at this point but I found a copy of their check which was deposited into our general revenue account back in 2015. Your guidance is appreciated. Thanks From: Elizabeth Relford <erelford@weldgov.com> Sent: Wednesday, September 15, 2021 12:59 PM 2 To: Robin Hastings <rhastings@weldgov.com>; PW-Public Works<PW-PUBLICWORKS@co.weld.co.us> Subject: RE: 5 year Warranty cover letter.doc - Warranty Deposit (CR 30 Improvements for MUSR14-0025) Lol, thanks so much Robin for forwarding to us. I am happy to handle it. Thanks, Elizabeth Relford Deputy Director Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: erelfordOco.weld.co.us Office: (970) 400- 3748 Cell: (970) 673-5836 Web: http://www.co.weld.cn.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: Robin Hastings <rhastings@weldgov.com> Sent: Wednesday, September 15, 2021 12:11 PM To: PW-Public Works<PW-PUBLICWORKS@co.weld.co.us> Subject: FW: 5 year Warranty cover letter.doc - Warranty Deposit (CR 30 Improvements for MUSR14-0025) Greetings Public Works, This rolled across my desk and I am not Richard Hastings. Hope I sent it the right direction. Rob�w H-astwv►,gs Administrative Assistant Area Agency on Aging Department of Human Services PO Box 1805 315 N. 11th Avenue, Building C Greeley, CO 80632 (970)400-6120 My email: rhastings@weldgov.com AAA Website: www.weldaaa.org 3 Weld County Area Agency on Aging Assistant° Advocacy Answers on Aging From: Greg Simmons <GreeS@asphaltspecialties.com> Sent: Wednesday, September 15, 2021 11:58 AM To: Amy Mutchie <amutchie@weldRov.com>; Robin Hastings <rhastines@weldgov.com> Cc: Elizabeth Claflin <ElizabethC@asphaltspecialties.com>; Mimi Jarrar <MimiJ@asphaltspecialties.com> Subject: FW: 5 year Warranty cover letter.doc - Warranty Deposit (CR 30 Improvements for MUSR14-0025) i Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Amy and Rich, Following upon this, it's been over 5 years, we would like to get this deposit back, I'm not aware of any issues with the work we did. Let us know if you need anything else from us. Thanks, Greg Simmons Project Manager Asphalt Specialties Company, Inc. O1303.289.8555 F 1303.289.7707 C 1303.944.1888 From: Elizabeth Claflin <ElizabethC(Wasphaltspecialties.com> Sent: Wednesday, September 15, 2021 11:49 AM To: Greg Simmons <GregS(wasphaltspecialties.com> Cc: Mimi Jarrar <Mimi.1@asphaltspecialties.com> Subject: FW: 5 year Warranty cover letter.doc - Warranty Deposit (CR 30 Improvements for MUSR14-0025) From: Greg Simmons <GreRS@asphaltspecialties.com> Sent: Friday, October 9, 2015 12:16 PM To: Elizabeth Claflin <ElizabethC@asphaltspecialties.com> Cc: Larry Olson <LarrvO@asphaltspecialties.com> Subject: FW: 5 year Warranty cover letter.doc - Warranty Deposit (CR 30 Improvements for MUSR14-0025) 4 From: Richard Hastings fmailto:rhastingst co.weld.co.us] Sent: Friday, October 09, 2015 12:14 PM To: Greg Simmons Cc: Elizabeth Relford; Josh Holbrook; Janet Lundquist; Tiffane Johnson; Bob Choate; Mona Weidenkeller; Dye, Allan Subject: RE: 5 year Warranty cover letter.doc - Warranty Deposit (CR 30 Improvements for MUSR14-0025) Greg, The check has been received and deposited in the Weld County Public Works account. Our finance division has a copy of the Guaranty and associated letter so that in five years when you request return of the funds, there will be documentation available to process your request. Thanks and I'm glad it all worked out for everyone involved, Rich Richard Hastings Compliance Analyst & Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 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: Greg Simmons[mailto:GregSChasphaltsoecialties.com] Sent: Monday, October 05, 2015 3:32 PM To: Richard Hastings Cc: Elizabeth Relford; Josh Holbrook; Janet Lundquist; Tiffane Johnson; Bob Choate Subject: RE: 5 year Warranty cover letter.doc - Warranty Deposit Hi Rich, The check is being sent today to your attention. Thanks, 5 Greg From: Richard Hastings Imailto:rhastings@co.weld.co.us] Sent: Friday, October 02, 2015 2:48 PM To: Greg Simmons Cc: Elizabeth Relford; Josh Holbrook; Janet Lundquist; Tiffane Johnson; Bob Choate Subject: RE: 5 year Warranty cover letter.doc - Warranty Deposit Greg, Sounds like everything is a go down on CR 30 so we're ready to proceed with the $8,500 Warranty check. You can make the check out to Weld County Public Works Department and in order to help track the funds during its proposed 5 -year stay with the County, please add to the check and or it's attachments, the following information in whatever way you think best: Rose Rock MUSR14-0025 CR 30 Improvements • 5 -year Warranty Check, as detailed in A.S. letter dated 9/29/15 and A.S. guarantee dated 9/24/15 (or something along those lines) Let me know if you have any questions. Thanks, Rich Richard Hastings Compliance Analyst & Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 6 (970)304-6496 Ext. 3727 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: Greg Simmons[mailto:GregS@asphaltspecialties.com] Sent: Tuesday, September 29, 2015 10:35 AM To: Josh Holbrook; Richard Hastings Subject: 5 year Warranty cover letter.doc Gentlemen, See attached draft letter for the extended warranty along WCR 30. Let me know if this will suffice along with our warranty addressed to Rose Rock. If it looks good, I will sign and provide a check once I know who to make it out to. Thanks, Greg ASPHALT SPECIALTIES CO. 10100 Dallas Street • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707 September 24, 2015 GUARANTEE FOR: Portion of Weld County Road 30 located in Weld County Colorado Rose Rock Midstream 3030 NW Expressway Suite 1100 Oklahoma City, OK 73112 With respect to the westbound lane at station 28+00 and approximately ten feet north of centerline an area of 12 feet by 50 feet, Asphalt Specialties Company Inc. will provide the following extended warranty. We agree to repair or replace any or all of our work in the area described above on the project known as Weld County Road 30 Improvements, together with any adjacent work, which may be displaced by so doing, that may prove to be defective in its workmanship or materials within a period of five (5) years from date of initial acceptance. In the event of our failure to comply with the above -mentioned conditions within a reasonable period of time, as determined by the Owner, after being notified in writing by the Owner, we do hereby authorize the Owner to proceed to have said defects repaired and made good at our expense, and we will honor and pay the costs and charges therefore upon demand. This Warranty will only apply to the area describe within this Guarantee, the remaining work under the contract will be covered under a separate Guarantee letter. SIGNED: ! Asphalt Sp`e/cialti s Company, Inc. By: I'�' wrence M. Olson TitleVice President Local Representative to be contacted for services: Name: Gree Simmons Address: 10100 Dallas Street — Henderson, Colorado 80640 Phone No: 303-289-8555 Fax: 303-289-7707 ASPHALT SPECIALTIES CO. VENDOR NO I ), A1lui IRA' ti UA1.1I!Cn 12218 VENDOR NAME I CHECK NUMBER Weld County Public Works Dept 34351 REEERENO DATE DESCRIPTION 034351 GROSS AMOUNT DISCOUNT RE FN0AGE PREVIOUS VALANCE NET AMOUNT 1015 59 USR14-0025 ,!0/02/15 Rose Rock - CR30 Imp.5YR WN 8,500.00 0.00 From: Richard Hastings [mailto:rhastings@co weld.co.us] Sent: Friday, October 02, 2015 2:48 PM To: Greg SlmniIons Cc: Elizabeth Kelford; Josh Holbrook; Janet LL ndquist; Tiff ne Johns Subject: RE: 5 year Warranty cover Ietter.doc - Warranty eposit G eg, Sounds like ev*rything is a go down on CR 30 so we're rea yto prat Y u can make he check out to Weld County Fublic Works epartme p posed 5 -year stay with the County, please add to the cl eck and o w atever way you thir k best: • Rose Rock M1. R14-0025 • CR 30 Improvements • 5 -year Warranty Check, as detailed in A.S. letter d ted 9/29/ along those lines) 1r11 me know if Thanks, Ri:h you hawe any questions. Richard Hastings Cc mpliance Analyst & :onstruction Inspector Weld County Piblic Works 1111 H Street, P.O. Box 758 Greeley, CO 80532 (9 0)304-6496 Ext. 3717 VumOR ND, 12218 0.00 n; Bob Choate 0.00 ed with the $8,500 Warr, t and in order to help tr. it's attachments, the fol 15 and A.S. g GROSS AMOUNT DISCOUNT RETAIPIACE 8,500.00 0.00 0.00 arantee dat 0.00 8,500.00 my check. ck the funds during its wing information in • d 9/24/15 (pr something PREVIOUS BALANCE NI, Ar,ioull 0.00 0.00 8,500.00 THE KEY TO DOCUMENT SECURITY • HEAT ACTIVATED THUMB PRINT • ADDITIONAL SECURITY FEATURES INCLUDED • SEE BACK FOR DETAILS ASPHALT SPECIALTIES CO. 10100 DALLAS ST. HENDERSON, CO 80640 OPERATING ACCOUNT 'Colorado Business Rank Cnel[Nnan[wl 15710 W Cola= Ave Golden, CO 00401 ***Eight thousand five hundred and xx / 100 Dollars*** PAY TO THE ORDER OF L_ Weld County Public Works Dept P.o. Box 758 Greeley CO 80632 DATE 10/05115 II'03435 LII' 1: L0 200 3 2064 3 2 4065711• 23-320/1020 CHECK NO. 34351 $8,500.00 AUTHORIZED SIGNATURE 034351 AMOUNT CoC� RESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0025, MINOR AMENDMENT TO 2ND AMUSR-1614) - ROSE ROCK MIDSTREAM CRUDE, LP 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 January 19, 2015, the Director of Planning Services, Tom Parko, approved a Minor Amendment, MUSR14-0025, (Minor Amendment to 2nd AmUSR-1614), for Rose Rock Midstream Crude, LP, 3030 NW Expressway, Suite 1100, Oklahoma City, OK 73112, for Mineral Resource Development Facilities, including Oil and Gas Support and Service, including the expansion of the truck unloading area to fourteen (14) bays, two (2) additional 100,000 -barrel tanks for crude oil storage, five (5) 5,000 -barrel tanks, a new office and a new shop/warehouse structure in the A (Agricultural) Zone District, on the following described real estate, to -wit: Lot C of Recorded Exemption, RE -4829; being part of the S1/2 SE1/4 of Section 24, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Rose Rock Midstream Crude, LP, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with a Corporate Guaranty from Rose Rock Midstream Crude, LP, 3030 NW Expressway, Suite 1100, Oklahoma City, OK 73112, subject to the provisions hereof, as Rose Rock, LP, ("Guarantor"), hereby unconditionally and irrevocably guarantees to Weld County ("Beneficiary"), as primary obligor and not as surety, the full and prompt payment when due of the Guaranteed Obligations, and subject to the liability provisions of the Improvements and Road Maintenance Agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Corporate Guaranty 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 Rose Rock Midstream Crude, LP, be, and hereby is, approved. 4141031 Pages: 1 of 28 09/10/2015 02:20 PM R Fee:$0.00 Carly KOPPP Clark and Recorder Weld CormlY CO '1111 VIII �1��11 ?ILti:FI�ILfrtil��:�+I�tih�i�IF 41. et 'PW;?t L,etu9/1& 2015-2777 PL1918 IMPROVEMENTS AGREEMENT - ROSE ROCK MIDSREAM CRUDE, LP PAGE 2 BE IT FURTHER RESOLVED that Corporate Guaranty from Rose Rock Midstream Crude, LP, 3030 NW Expressway, Suite 1100, Oklahoma City, OK 73112, with the terms as agreed upon, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:a1tit Weld County Clerk to the Board uty Clerk to t AP3 VEDAS TO F County Attorney 1 Date of signature: 9/e- 4141051 Pages: 2 of 28 09/10/2015 02:20 pnd a., aee:$0.0 d County. CC Mara Kirkmeyer, Chair 2015-2777 PL1918 MEMORANDUM RECEIVED AiJ[ TO: Clerk to the Board I� I` WELD COUNTY DATE: 8/6/2015 COMMISSIONER$ FROM: Richard Hastings, Public Works Department SUBJECT: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For: Rose Rock Midstream Crude LP MIJSRI4-0025 Request for Approval of Improvements Agreement: The Department of Public Works received a request from the applicant's representative, Pam Ilora/tetra Tech, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the Mineral Resource Development Facility. including Oil and Gas Storage. (MUSR 14-0025), located at CR's 30 & 49, east of the town of Platteville, Weld County 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 "Improvements & Road Maintenance Agreement Ac -cording To Police` Regarding Collateral For Improvements", are found to he acceptable. The Agreement has been signed by Jay McDonald/Public Works Director and reviewed by Bob Choate/Assistant County Attorney. No revisions to Part 2 of the Agreement were made. Request for Acceptance of Collateral: The Department of Public Works received a request from the applicant's representative, Pam flora/Tetra Tech, requesting that the Board of County Commissioners consider accepting off -site collateral in the form of a Guaranty For Board of County Commissioners of Weld County, Colorado-- Rose Rock Midstream Crude, LP, for the above -mentioned Improvements Agreement. Recommendation: The Department's of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Improvements d Road Maintenance Agreement According To Policy Regarding Collateral for Improvements and the acceptance of off -site collateral. for Rose Rock Midstream Crude LP (MUSR14-0025), pc: t izaheth Reltord, Public Works Kim Ogle, Planning Services Bob Choate. Assistant County Attorney o2p/� ��777 U \Ilrgmeenn %l'I .\N - tNG t)G\'ELUI'ViLN l Rt.VIt. V\ _'01.1 I'I:rnuiug; I(ckrraisliJ'tt SRI.r\Il!SR1,1-1025 Itnsc R 6.lrnpr cments ;\!..aeemolPApprove 1A & AccCpl Collateral (MI ISR 1-t-0t12Si Rase Itnck - I\II \tOdncr IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Rose Rock Midstream Crude, LP -- MUSRl4-0025 Part 1: Site Specific Provisions THIS AGREEMENT is made this day of , 2015, by and between Rose Rock Midstream Crude, LP, whose address is, 3030 NW E ressway, Suite 1100, Oklahoma City, OK, 73112 hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street. Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Lot C of RE -1213-24-4, part of S2SE4 of Section 24 ,Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, County has approved land use permits for a, Site Specific Development Plan and a Minor Amendment to Use by Special Review Permit (AmUSR-1614), MUSR14-0025, to a Mineral Resource Development Facility, including Oil and Gas Storage and related equipment, and one greater than seventy-foot in height, (100 foot) communications tower on approximately 10 acres on the above described real property, and the County is currently in the process of considering an Use -by -Special Review for the Property (MUSRl4-0025), and WHEREAS, the Property Owner acknowledges that the issuance of MUSRl4-0025 is conditional upon Property Owner performance of the on -site and off -site improvements which are described in this Agreement and depicted in the plat map and the set of accepted Construction Plans provided by Property Owner (hereinafter referred to as "Plans"), copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibit C, respectively, and WHEREAS, the Property Owner acknowledges that it may not engage in any activity described in MUSRl4-0025 and/or any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein or to commence the use of the Property as approved in MUSRl4-0025 within three (3) years of the approval of the permit issued under MUSR14-0025, may result in the revocation of' 1(31.22 C..^diserslldunn,AppE)ata',LocaEMicrosoft Windoas'.Iempurary Internet Filcs,Content Outlook \SRQYRL{16\Rose Rock Midstream 1.P (Mt ISR I4 -0025t 2015 Part I Site Specific Provisions- Final IA 7-211-I5 dies. MUSR14-0025, upon consideration and order of the Board of County Commissioners, and WHEREAS, the Property Owner agrees that the failure to record the plat within the time limits imposed by the Weld County Board of County Commissioners, may result in the revocation of MUSRI4-0025. upon consideration and order of the Board of County Commissioners, and WHEREAS, the parties agree that the Property Owner shall provide collateral for all off - site improvements required by this Agreement when; the Property Owner submits and receives approval of an application for a Grading Permit, Building Permit or for a Right -Of -Way Permit for construction of accesses and work within the County and/or State of Colorado Right -Of -Way, or at a time determined acceptable by the Board of County Commissioners. NOW, THEREFORE. IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off -Site Improvements: (The Property Owner is still responsible for any applicable requirements as detailed in the original Long berm Road Maintenance and Improvements Agreement Doc. p2008- 0330 for USR-1614j 1.0 Weld County Road 30: The Property Owner shall be responsible for the construction of certain on -site and off -site safety improvements, which shall include: construction of adequate turning radii sixty (60) feet at the main entrances and exits which extend partially into CR 30 right-of-way (ROW), drainage and signage installations, as indicated on the accepted Construction Plans and/or MUSR14-0025 plat. The main entrance improvements will include CR 30 turn lanes and standard County approved tracking control, to ensure a complete revolution of the truck tires in order to minimize potential hazardous safety conditions relative to the tracking of mud and debris onto the adjacent County roadways. Granting of any new point of access may generate additional obligations with County for Off -Site Improvements and the need to post additional "Road Maintenance Collateral". A County access permit is needed for every access to a County road. 2.0 toted Improvements Responsibilities: Property Owner is solely responsible for all designated improvements, as specified above in Section A.1.0, on CR 30 and for any construction improvements mandated by the Colorado Department of Transportation (hereinafter "CDOT") and/or the County, and for all expenses associated therewith. These responsibilities include, but are not limited to the following: design, surveys, utility locates, present and future right-of-way clearances and permits; coordination with oil and gas operators and facilities, and affected irrigation facilities; traffic control; and project safety during construction. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment. (hereinafter "CDPIIE") and other Federal, State or County regulatory agencies. 3.0 Engineering Design and Construction Plans: For Off -Site Improvements as set - forth in Section A. 1-2 above, all engineering designs and construction plans must be provided by Property Owner. All plans showing work within the County shall be reviewed and accepted by Weld County, prior to the start of construction. For all construction in the County right-of- way, prior to the issuance of any access permit or right-of-way permit, a construction schedule 2(0'22 ('1)sers)Iduun`.Appl)ata`..LocaliMicrosnli'.N'indnws\lemporar) Internet Files)(onleli(I hook'SHQVHZFIG\Rose Rock Midstream Ii' SRI4-0025)2015 Part I Site Specific Provisions- I inal IA 7-20-I5 Jncs giving times and locations of all proposed improvements shall be provided to Public Works for review and acceptance. The approved and accepted construction plans are a part of this Agreement. 4.0 Construction Standards: All construction and materials controls for a project and any designated improvements shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction- provided by CDOT. 5.0 'T'raffic Control: Prior to any construction in the County and/or State Right -Of - Way and as a condition of issuance of any' access permit or Right -Of -Way 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 (hereinafter "MU'FC D"). 6.0 Off -Site Dust Control/Abatement and/or Paving, (If Applicable): The Property Owner is required to provide dust abatement along affected Haul Route Roads approximately two to five times per year, as determined by the County. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Property Owner sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Property Owner/MUSR 14-0025 haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of haul traffic utilizing County roads in the vicinity of the site attributable to Property Owner/MUSR14-0025 (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County' on the primary and requested alternate or revised haul routes. The County will have sole responsibility for determination of the percentage of haul route traffic on all affected roads. Future Improvements: Future improvements to the haul route(s) may be required by County. Property Owner shall address all County access issues associated with afore- mentioned haul route. Future County -mandated measures may include improvements to any haul route intersections or roadways then utilized by Property Owner. Property Owner shall pay a proportionate share of the cost of the entire project including engineering designs and construction plans based on the Applicant's share of ESAL Counts using then -current data on the haul route in the implementation of the above -mentioned improvements. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. County personnel shall make all final determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. In order to accurately determine percentage of Property Owner haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. Future improvements will be subject to any Federal, State or County regulations in place at the time the improvement project is initiated. Haul Route improvements may be triggered due to heavy truck traffic associated with the facility. 301 22 1. :+tTicrs\Idunn'' \ppl)autil ocal\Microsoft\Windows',Ientpornry Interact ftics,(ltntcnt (hulnnk`SHO\'N7.IU,.Rosc Rork itlid+trearn I.P t Ni l!SR 1 J -Orr.:; ) 2015 Piet 1 Site Specific ProN ishrna- final IA 7-20-I 5 dock The following is a list of the American Association of State Highway & Transportation Officials, (hereinafter "AASHTO") site -specific triggers for turn lanes: a. 25vph turning right into the facility during a peak hour. b. 50vph turning right out of the facility during a peak hour. c. 10vph turning left into the facility during a peak hour. 8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to complete the aforementioned offsite improvements as described in Sections A. 1.0-2.0 until the occurrence of the triggering event for each improvement, namely the application for the Grading Permit, Building Permit or Right -Of -Way access permit or the commencement of activities on the property(s). At that time, Property Owner agrees that the required off -site collateral will be posted and all on -site and offsite improvements shall commence and shall be completed within the parameters established in Sections A.3.0 and E.7.2, and Exhibit B, herein. 9.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact a representative of the Weld County Department of Public Works and request an inspection of the off -site improvements described in Sections A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth in Sections E.6.1-6.3. 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted construction plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. [3. Haul Routes: 1.0 Established Haul Routes from the facility access point: Exiting or entering the site: Haul trucks shall enter or exit the site at the approved accesses onto CR 30, for further dispersal. Any County roads routinely utilized by MUSR14-0025 haul traffic may become part of the established haul routes. 1.2 No haul vehicles may exceed CDOT required specifications for pounds per axle. 1.3 In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned haul route for a limited period of time (which is defined in this Agreement as a period of not more than thirty days), then the County shall consider a deviation to the haul route. If County approves such deviation, haul vehicles will utilize paved county roads whenever possible. A deviation from the established Haul route lasting more than thirty (30) days or requests for two or more deviations within a twelve 4of 22 C'.\Users\Idunnl_AppData\Local \Microsott\Windows\temporary L ternct FilesContent Outlook`SI3QYBLII6\Kose Rock Midstream I P (MUSR14-0025) 2015 Part I Site Specific Provisions- Final IA 7-20-15 duty month period shall be subject to the terms of Section 13.4.0. In the event that haul route traffic, in excess of 15% of the daily facility haul vehicle trips, utilizes alternate haul routes, the provisions of Section 4.0 of this Section B shall he triggered. 2.0 Maul Route Signage (if Applicable): Property Owner shall install haul route signs, as per M11TCI) standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No Deviation from Permitted Haul Routes: Except under the provisions provided in Section 13.1.3, no deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Property Owner or site operator to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said haul route roads, Property Owner agrees that dust control or paving measures to protect the public health, safety. and welfare shall be instituted. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current truck trip counts that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust control and/or paving measures will he determined by site -specific conditions at the time, as determined by County personnel. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. C. County Road Maintenance Requirements; 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially responsible for the excavation, repair, and patching of any damage on current or future haul route roads, which in the sole, but reasonably exercised, opinion of County has been created by hauling to and from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads which are included within the new haul route and maintenance obligations for the unused portion of the haul route will be relinquished. In the future, should the Property Owner once again utilize the original haul route for MUSR13-0011, haul route maintenance obligations will resume for said roadway segment. The type and method of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48 hours of notification by the County for any roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 1.1 Need fur Immediate Repairs: In the event of damage to an Approved Haul 5ok 22 C Users'Idunn`•AppllaI i l ocal• iierosoltN i,uio,as\I entpurary Internet Ftles(i nlenl Uull;lok til)OYliLllt!`.Rose Rock Ntidstream 1.P (ti1USR14-002512015 Part I Site Spec!lic Provisions- 1 int!1 IA 7 -20 -IS doc): Route by Project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If such repair is not commenced within such forty-eight (48) hour period, County shall have the right to draw on the Road Maintenance 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). 1.2 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 route road portion will require paving measures in order to protect the public health, safety, and welfare, and 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. 1.3 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent with Section C.3.0 of this Agreement. 1.4 The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of dust control, paving, repairs and maintenance on any particular Haul Route Road. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's proportionate share of costs, 2.0 Annual Road Inspection: County will conduct a road inspection annually with the 6°122 C: Users'Idunni.Apptatad ocaliMicrosolMindoss i I'entporarv' Internet Fikes'Cnntent Outlook ySBQYBZI16vRose Rock Midstream LP (MUSRI4-002,5) 201,5 fart I Site Specific Provisions- Final IA 7 -20 -IS does cooperation of Property Owner and all other Property Owner and/or Lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole, but reasonably exercised, discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data becomes available. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall pay a proportionate cost of a complete restoration based on the number of Haul Trip [SAL Counts using then current data of haul trips entering or exiting Property Owner's site onto the haul route in the implementation of the above -mentioned improvements. Notification to the Property Owner of the required roadway replacements will be given as soon as the data becomes available and typically takes place before the end of the year prior to the start of the replacement project, as described in Section C.1.0 above. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owner and/or Lessees: It is anticipated that Property Owner and other Property Owner and/or i,essees subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner and/or Lessee, and other Property Owner and/or Lessees shall be conducted pursuant to separate agreements between the Property Owner and other Property Owner and/or Lessees. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in this Agreement and Exhibits A and 13 such non-performance will constitute a violation of Property Owner land use permits granted by County, and County will take whatever remedial measures ii deems necessary, against Property Owner. In addition to any other remedy available to the County in law or equity. a failure to comply with this Agreement shall be considered grounds for setting a probable cause hearing according to the procedures described in Section 2-4-40 of Weld County Code. Revocation of MUSRl4-0025 as it now exists or may, ® from time to time, be amended is a remedy which County may impose. 40 D. On -Site Improvements: (No On -Site Collateral is required for MUSRl4-0025 but Property Owner =1,7 shall complete all On -Site Improvements as shown on the accepted Construction Plans and/or plat map for MUSK 14-0025.) 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or maintain the landscaping, to include maintenance of the existing berm, and re -seeding of the property where applicable as shown on the accepted Construction Plans and/or MUSRl4-0025 plat map. Specifically, Property Owner shall at its own expense, plant, install and/or maintain all grass and other landscaping and re -seeding where applicable as shown on the accepted Construction Plans and/or MUSRl4-0025 plat map. Additionally, the Property Owner shall install and/or maintain fencing to screen the property where applicable as indicated on the accepted construction plans and/or MUSR13-0011 plat map. In the event any of these improvements may include work extending into State or County Right -Of -Way, a Right -Of -Way 7o1 22 (r:\Users l!don't\Appl)ata\ oval\hlicrosu111windows';Icmporiry Internet Filcs\('ontent Outlnuk"`SHOYHZIlS\finse Rock \'lidstrcam LP (M SR I.1 025 i 2015 Part 1 Site Specific Pms cuuns- Final IA 7-20-I5 doe\ or access permit is required. 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted drainage and signage components , adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Construction Plans and/or MUSK 14-0025 Plat Map. The main entrance improvements will include; construction of adequate turning radii at the CR 30 roadway accesses for MUSR14-0025 and as further detailed in Section A.1.0 of this Agreement. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Property Owner shall be responsible for all maintenance of the on -site improvements. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. Some of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way or access permit is required. 3.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit or an amendment to the existing USR. Except with prior County consent, no grading permit will be released until collateral is posted for all off -site improvements and the final Construction Plans have been submitted to and accepted by the Department of Public Works. Access and/or Right -Of -Way permits might also be required prior to approval of the grading permit. Grading shall not commence until Construction Plans are accepted. Any alterations to the accepted Construction Plans must be accepted in writing by the County Planning and Public Works Departments, At that time, and unless otherwise amended, Property Owner agrees that all landscaping and other on -site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E.7.2 and Exhibit B. The Property Owner's failure to complete the On -Site Improvements within the time period(s) established by Resolution approving MUSR14-0025, and/or set forth within the context of this Agreement may, at County's option, result in the revocation of said land use permit. 4.0 Acceptance of On -Site Improvements: Upon completion of the on -site improvements, Property Owner shall contact the Weld County Department of Planning Services and the Weld County Department of Public Works and request an inspection of the on -site improvements described in Section D.1.0 and D.2.0 above. The County's representatives may then initiate the process for "Acceptance of Improvements" set forth in Sections E. 6.1-6.3. The BOCC does not represent or ensure the on -site improvements will be constructed and/or available for their intended use(s). The County does not and shall not assume liability for improvements designed and/or constructed by others. "End of Part /" Sol 22 (::AtlscrsIdwmAAppDatad.ocalAMicrusoll0A0ndows'ternpurary Internet FilesAContent O)utlook\St3QYBZIWRosc Rock Midstream I P (MUSRI4-00251 2015 Part I Site Specific PrO»<isions- Final IA 7-20-1S does IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Rose Rock Midstream Crude, LP MUSR14-0025 Part 2: General Provisions F. General Requirements: 1.0 Engineering Services; Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted Construction Plans according to the construction schedule set forth in Exhibit "13," both of which are attached hereto and incorporated herein by reference. 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. 1.2 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. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at the sole expense of Property Owner, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 0 o� U Col! G N —`— i9 — t o , 3 --- a0 — raLLO N v1 err Elm m 417 G. N a• m 07:1; ii �Nc i vT N 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and MUSR14-0025 Mat Map, be solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement, which are attached hereto and/or incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On - site), and improvements to public rights -of -way or easements being completed also in accordance with the schedule set forth in Exhibit "B" (Off -site). The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in Exhibit B stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 9 nl It C t scrs\lt1unn', \pp(hrtn`Local\Mlcrosolt,Windoxs ! empurary Internet F Ies,C nlent Oulluc.k'SBQVI3Z116tltose Rock Llidslrcam LP {MUSRl4-0025) 201? Part 2 tieneral Provisions- 1 ina1 IA i7-20-I5j docx 3.2 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. 3.3 At all times during said construction, the County shall have the right to test and inspect, 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. ter' N • 3 "*.° 0 4r o 6 wg N LL 0 K Orr 4l ii mmr G N a, N N v o rm r 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence 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. 5.0 Warranty of On -Site and Off -Site Improvements: Property Owner shall warranty all improvements to public rights -of -way, (if any), and all privately created and maintained roads or rights -of -way, or easements, and all on -site improvements for a period of' two (2) years. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6,0 Acceptance of On -Site and/or Off -Site Improvements by the County: Upon compliance with the following procedures by the Property Owner, the improvements shall be deemed accepted by the County, if collateral had been initially posted for the improvements. The BOCC does not represent or ensure the on -site improvements will be constructed and/or available for their intended use(s). 6.1 If requested by the Property Owner and approved by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not, alone, constitute an acceptance of said portions of the improvements. 10 01'22 C:1Users'+Idunn\Appl)at`\Local Microsull`..Windows"Tempurary Internet fibs'(-\vucnl OutloolOSBQYBZII6\Ruse Rock Midstream LP (MUSR 14-0(125) 2015 I'art 2 General Pros isiuns- filial IA (7-20-15) docs 6.2 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 Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. 6.3a Upon completion of the construction of the required off -site improvements, and the filing of a Statement of Substantial Compliance by Property Owner's engineer, the Property Owner may, as set forth in Section A.9.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer 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. The County Engineer shall reinspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. i 0 4.21 a — 0303m N 0 MC y Ira (ILL rr a dp'- la. ry1� No>_= a MNU 6.3b Upon completion of the construction of the required on -site improvements, and the filing of a Statement of Substantial Compliance, when necessary, by Property Owner's engineer, the Property Owner may, as set forth in Section D.4.0. request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted if collateral had been initially posted for the improvements, and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of 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. The County Engineer and /or the Department of Planning Services shall reinspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County Engineer and/or Department of Planning Services find that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. II o122 C v,tisers'ldunn\Appl)at8vt ocal\Microsoi1vWindo'.4s+rcmporary Internet Files'.Content (AutIookuQYI ilP\Rose Rock Midstream LF (MUSRI4-0025) 2015 Part 2 General Pro'. siuns- Final IA (7-20-15 ).doe 7.0 General Requirements for Collateral: (Currently no on -site collateral for MUSR14-0025 is required, but possible future on -site collateral may be required by County, should the Property Owner revise conditions of operation in the future..) 7.1 County requires Property Owner to provide collateral to guaranty all of Property Owner's obligations under this Agreement: (1) Project Collateral for completion of all improvements described in this Agreement shall he provided for off -site improvements with no on -site collateral for MUSR14-0025 required at this time. Possible future on -site collateral may be required by County, should the Property Owner revise conditions of operation in the future. (2) Warranty Collateral required for all improvements during the warranty phase; and (3) Road Maintenance Collateral (If Applicable) to he kept in place for the life of the permit. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements indentified on the accepted Construction Plans and M[JSR14-0025 Plat Map and further enumerated in the costs listed in Exhibit "A," must be equivalent to One -Hundred Percent (100%) of the value of the improvements as shown in this Agreement This collateral must be submitted to County upon the execution of this Agreement, or at a time determined acceptable by the Board of County Commissioners, and shall be held in total by County as provided in Paragraph E. 7.3 below until all improvements have been completed. 7.3 Warranty Collateral for all off -site improvements shall be submitted to County and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). 7.4 In the event Property Owner fails to adequately complete and/or repair improvements associated with this Improvements Agreement, County will access, in its sole discretion, Project or Warranty Collateral to the extent • necessary to complete said improvements or repairs in order to preserve public interest. 7.5 Road Maintenance Collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners or at the time of approval of this Agreement, if no Project Collateral was initially submitted. Road Maintenance Collateral is held for use on roads associated with the designated haul route. If no Project Collateral was initially submitted, Road Maintenance Collateral shall be submitted at the time of approval for this Agreement or at such time that approved MUSR14-0025 activities are initiated. If the County has accepted a Corporate Guaranty as collateral pursuant to Weld County Code Sec. 2-3-30.D. Road Maintenance Collateral shall be submitted at the time of approval of the Improvements Agreement or at such time that approved permit activities are initiated. The submitted 12or222 C':\Users``'Idunn'v\ppl)atad.octd\Miensofl\Wmdo%ss\Iengtorary Internet Files\Content Outlook '\SBQYI3Z11G\Rose..Rock Midstream I_1' (M(JSR14.0(1251 2015 fart 2 (icneral Provisions- Final IA (7.20-I 51 docx amount shall he $3,600.00 for facilities adjacent to paved haul route roads or $2,400.00 for facilities adjacent to gravel haul route roads, and the amounts will be listed on Exhibit "A"- Cost Sheet (OFF -SITE). Road Maintenance Collateral shall be held by County as long as this Agreement is in effect and returned to Property Owner upon vacation of associated land use agreement or permit. The Road Maintenance Collateral will only be accessed by County, if following notification to Property Owner of required roadway safety related repairs, Property Owner fails to perform said repairs within the time allowed in County's notification. If any of this collateral shall be collected by County, Property Owner shall replace the amount, plus interest, within six (6) months. 7.5,1 Road Maintenance Collateral Option (For Materials Haulers): In lieu of cash collateral, Property Owner may submit funds quarterly to Weld County, at a rate of ten (10) cents per ton, based on the amount of processed material leaving the site. These funds will he escrowed by the County and utilized for roadway repairs specific to the USR's designated haul route. The first payment of funds will be due three months after the initial sale of materials from the USR site. Subsequent quarterly payments will he deposited in the associated escrow account until the USR permit is terminated. Utilization of this collateral option will negate any further obligations of the Property Owner to participate in any future maintenance and/or improvements projects for the associated Haul Route. Upon vacation of the USR for this facility and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining funds in the escrow account will be returned to the USR Permittee. I t9 ▪ it co t9 ▪ .3 w- ow U'1 LL Nv r 1 7.5.2 Road Maintenance Collateral (For Off -Site Dust Control — If Applicable): The total costs for materials and application, will be listed on Exhibit "A" (OFF -SITE) Dust Control, of this agreement. These funds will be utilized by the County for roadway applications specific to the USR's designated haul route, only if the Property Owner does not adhere to the requirements for dust suppression as specified in Section A.6.0 of this agreement. Following completion of all construction phases, and/or upon vacation of this USR, and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining Dust Control collateral will be returned to the USR Permittee, 7.6 Acceptable Project Collateral shall be submitted by the Property Owner upon execution of this Agreement, as herein defined. 7.6.1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence 11 it 22 C `,Users'dduamAppUata\1 ocal\Microiotl\WIndutks'.I emporarp Internet files'\Content (hulookSI (YH/FI('kose Itnck Midstream IA" VIIISRId-0025) ?0I5 fart 2 Gencrd Nroti,iuti - final IA 17-20-I51 duns until cost estimates for all improvements are updated, and the development plans are revised to comply with all current County standards, policies and regulations, except with prior County consent. The improvements shall be completed within the time schedule set forth in Exhibit "B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Property Owner's operations pursuant to MUSR14-0025 that require a grading or building permit from the County pursuant to the Weld County Code. In the event that the Improvements outlined in this Agreement and Exhibit A are not completed within one year of the execution of this Agreement Weld County may require Property Owner to obtain current cost figures for one or more of the Improvements. 7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to one -hundred percent (100%) of the total value of the improvements set forth in the Improvements Agreement and the Plat; the LOC shall be subject to the requirements of Weld County Code Section 2- 3-30 B. The Property Owner shall utilize only a County approved form when obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Property Owner upon request. 7.8 Collateral may be in the form of a corporate guaranty given by a legal entity in good standing and authorized to do business in the State of Colorado or the applicable governmental licensing agency of the Guarantor's state of incorporation, in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement and the Plat. The corporate guaranty shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. The Property Owner shall utilize only a County approved form when obtaining a corporate guaranty: (CORPORATE GUARANTY FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Property Owner upon request. 7.9 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement and the Plat. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 13.4. The Property Owner shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WII,F) COUNTY, Id o1 22 C\CAL.IscrsAldunn,Appf)ardd ucal\MicrosoftvWindowsAlemporar), Inrcrner BLi lMRu se Ruck Midstream LP (MUSR14.0u25) 2015 Part 2 General Provisions- Final IA (7-2f1-15) doex COLORADO). A copy of said form shall be provided to Property Owner upon request. 7.10 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to One Hundred Percent (100%) of the value of the improvements set forth in the Improvements Agreement. In the event the Property Owner is required to warranty the improvements, the Property Owner shall replace the original deposit with a deposit in the amount of fifteen percent (15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7.11 The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a "three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best, or as collateral in the form of a corporate guaranty offered by a legal entity which does not have a rating classification of 5A, 4A, or 3A, and does not have a Composite Credit Appraisal of 1, 2, or 3 given by Dun and Bradstreet Credit Rating Reports. If the Applicant meets all of the requirements provided in the previous sentence regarding a corporate guaranty, the Board may then decide whether acceptance of a corporate guaranty agreement is appropriate under the circumstances. The Board may consider (1) the value listed in the improvements agreement, (2) the net worth of the Guarantor, (3) the Applicant's history regarding successful local projects, and (4) anything else the Board deems relevant and appropriate for consideration for a corporate guaranty as a form of acceptable collateral. The Board further reserves the right to require Property Owner to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated 00 a roar _ above. Replacement collateral shall be submitted by Property Owner aN'' within sixty (60) days of the Board's notice to Property Owner that the rating has fallen and that the collateral must be replaced. Property Owner in �N g may not terminate existing collateral until replacement collateral has been m m r secured. -4aL� `� g' 11111 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, 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: 1501-22 C:\Userslldunn\AppData\Local\Microsoll\Windows\Temporary 6rtemcl Files\C'ontent Outlook '\St3(gLa%I161Rosc Rock Midstream LI' (MCISR14-0025) 2015 Part 2 (icncral Provisions- Final IA (7-20-I5).ducx in 8.1 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. 8.2 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. 8.3 "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 MUSR14-0025 Accepted Construction Plans and Plat Map, 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. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. 8.7 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, the Property Owner (if Property Owner has supplied any or all of the collateral) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 Following the written request for partial release of the "Project Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on -site and/or off -site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the partial release of "Project Collateral". For all off -site improvements (including improvements to public rights -of -way or easements), the written request for release of "Project Collateral" shall be accompanied by I6of22 ('aUsenNdunn` 1ppUata`J.i caP.Microsoft Windows Temporary Internet Files',('oment.Chulook'\SI3QYBZf161Rose Rock Midstream LP (MUSRI4.OU25) 2015 Part 2 (icncral Provisions- Final IA (7-2U-15) dots "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the improvements. If the improvements require mitigation or further repairs are required, said work must he completed prior to the conclusion of the Warranty period. The "Warranty Collateral" shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. 8.10 For all off -site improvements (including improvements to public rights -of - way or easements), the written request for release of "Warranty Collateral" shall be accompanied by "Road Maintenance Collateral" (If Applicable) as specified in Section E.7.5 of this Agreement. "Road Maintenance Collateral" for roads associated with the designated haul route shall be maintained as long as the USR is active. 9.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in part by Property Owner without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. (See paragraphs F. 1.2 and 2.2 below) Consent to a delegation or an assignment will not be unreasonably withheld by County. in the event of sale of the Property, County may agree to release Property Owner in whole or in part from obligations under this Agreement. 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 the roads affected by this Agreement. All of the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0 County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has 4• 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 N331' which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days W,, c„,v s,,,• have elapsed, County believes in good faith that there has been a violation of the terms of this ic -4ccET - Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of EC this Agreement. Violations of the terms of this Agreement include violations of the agreements Wm re r0m contemplated by Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such G -N —J N is; Agreements in a timely manner. w, i=s 7ul22 �5+ °om C \UserstddunniApppala\ Local \hfic rosottiW ind,nvs'\ l empnrary Internet Fdes',Content Oudook`Sl )YUII16\Rose Rock Midstream LI' In N 0 .4 (MUM( 14-0025t 2015 1'art 2 (icneral Provisions- Final IA (7-20-I51 does et efl v F. Termination of Agreement: 1.0 Termination Event: This Agreement shall terminate upon the earliest of the following events: I .1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Operator's complete cessation of all activities permitted under MUSR14-0025 or any amendments thereto. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Operator shall provide written notice to Property Owner and County of said cessation of activity, which County shall then verify. If written notice is not provided to County, Termination of this Agreement shall not occur until County has determined that the Use by Special Review is inactive, which shall be three (3) years following County's observance of the cessation of activities, as provided in Sec. 23-2- 200.E of the Weld County Code. 1.2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for improvements - MUSR14-0025 by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — MUSR14-0025 with a new Property Owner who has purchased the Property, and intends to make use ofthe rights and privileges available to it through the then existing USR. 1.3 Execution of Replacement `'Improvements Agreement According to Policy Regarding Collateral for improvements - MUSRl4-0025 by New Operator: This Agreement shall terminate following County's execution of a new improvements Agreement According to Policy Regarding Collateral for Improvements -- MUSR14-0025 with a new operator who has assumed the operation of the business on the Property which business activities are permitted by the then existing USR. 2.0 Termination Procedures: .11 2.1 Termination Procedures Following Cessation of Permit Related Activities: Following the events outlined in paragraph 1.1 above, County shall conduct its annual road inspection. Said road inspection shall be conducted on or before May 31 following the announcement or determination of the cessation of permit related activities on the Property. The results of the inspection shall be delivered in writing to the Property Owner and Operator. If the County determines that pursuant to the terms of this Agreement, the Operator must complete any of the improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable period of time thereafter, but in no event later than six (6) months following the determination that permit related activities have ceased. Collateral shall not be released by County until such time as county determines that all of the improvements have been completed. 2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property or Transfer of Operations: if the Property Owner or Operator desires to assign its rights and obligations under this Agreement to a successor Property Owner or 18 of22 ('.`'.11sers'\Idunn'Appl)ala\I Deal\Microsoll'Windows\, Rniporary Internet Pilcs`.Content.(iutluok'SI3QYl3ZFI6 Rosc Rock Midstrc:un LP (MUSRl4-002251 2015 I'art 2 (icncral Provisions• I final IA (7-20-15) docx Operator, the Property Owner or Operator shall, prior to the transfer, provide County with a written Notice to Transfer, stating the date of transfer, and identifying the party to whom, the transfer shall be made. Following receipt of the Notice to Transfer, County shall inspect the improvements required under the terms of this Agreement to determine whether the improvements have been completed. If the improvements have not been completed, the Property Owner and/or Operator shall either complete the improvements or post collateral equal to the cost of the completion of the improvements, if such collateral is not in place. If collateral is available at the time, County shall hold a hearing to determine whether the collateral should be called upon to pay County or a contractor of the County to complete the improvements. County shall also inspect the road(s) which are covered by this Agreement to assess the current condition of the road(s) and determine whether Operator and/or Property Owner would be required to perform road maintenance within the following twelve months had the Agreement not been assigned. If road maintenance is, in the opinion of County, required, Property Owner and/or Operator shall be required to either perform the road maintenance or to post collateral equal to the cost of said maintenance. County shall not execute a new Improvements Agreement According to Policy Regarding Collateral for Improvements — MUSRl4-0025 with a successor Property Owner and/or Operator prior to the performance of the road maintenance or the posting of collateral for said maintenance, unless the new Property Owner and/or Operator posts collateral for the required maintenance. 3.0 Consequence of Termination by Cessation of Permit Related Activities: Following County's confirmation that Property Owner and/or Operator has/have ceased all permit related activities and has/have completed previously uncompleted Improvements and or completed any required road maintenance, County shall release Property Owner and/or Operator from all further obligations under this Agreement. No Further permit related activities shall he permitted unless and until approved by County following execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — MUSRl4-0025 with a Property Owner and Operator. 4.0 Consequence of Termination by Execution of Replacement Improvements Agreement: Following County's execution of an Improvements Agreement According to Policy Regarding Collateral for Improvements - MUSRl4-0025 with a successor Property Owner and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights and/or obligations under this Agreement or in MUSRl4-0025. wa - r4 it p = (too 5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that activities related to MUSR14-0025 cease as a result of the revocation of the permit as described in Section E.11.0 of this Agreement, neither Property Owner nor Operator will be released from any of the obligations imposed by the terms of this Agreement only after Property Owner's successful completion of all improvements required under this Agreement or after County accesses the collateral to the extent necessary to complete improvements County, in its sole discretion, deems necessary to preserve public interests. G. Governmental Immunity: No term or condition of this agreement 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 §§24-10-10I et seq., as applicable now or hereafter amended. I 9 of 22 •ersIdunrr•AppI),Iu,ocal',Microsott'.N'md(srs\temporary Intcmet Files Oulluok'''SB)YB/.H6'•.I{use Rod: Midstream I -P U.SI( I-1-00251 2015 fart 2 General Provisions- I mat IA I7 -3n -I ) docx H. Enforcement: It, in the 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 the County believes constitute 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 a violation of the terms and conditions of this Agreement still exists (despite cure), County may enforce by any legal means, including, but not limited to, legal action for equitable or monetary relief tiled in the Weld District Court, execution upon submitted collateral (if applicable), and/or administrative action of the County to suspend or revoke the underlying land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld County Code. Violations of the terms and conditions of this Agreement include, but are not limited to, violations of the agreements Property Owner must enter into as required by this Agreement, and/or failure to enter into such agreements in a timely manner, I. No Third Party Beneficiary Enforcement: 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 contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the undersigned parties that any person or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. J. Authority to Sign: Each person signing this Agreement, and associated Exhibits, 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. 4141051 Pages: 22 of 28 09/10/2015 02:20 PM R Fee:$0.00 Carly Kcppes Clerk and Recorder. Weld County CO VIIIIMllrrl:1 Iit9'61M11:Will III 20 of 22 C\Users\Idunn'App1)atal1.ocal\Microso0'.Windows\iemporarp Internet Fileskontent Outlook'SBQYBZII6\Rose Rock Midstream LP IMUSRI4.0025I 201 5 fart 2 ticncral Provisions- Final IA 17.20-I51 docx 1 IN WITNESS WI IEREOF, the parties hereto have caused this Agreement to he executed on the day and year first above written. PROPERTY OWNERS: Rose Rock Midstream Crude, L.P. By: Rose Rock Midstream Energy OP, L.L.C. AZ /c / SIGNATURE 1 PRINTED NAME TITLE (If Applicable) STATE OF OKLAHOMA County of OKLAHOMA L . &AmiLridnci ss. The foregoing instrument was acknowledged before me this ` day of 2015, by Peter L. Schwiering. ..!! WITNESS my hand and official seal. ^ I Notary Public d� My commission Expires: —1 -I SIGNATURE SAMMIE SMITH Notary Public, State of Oklahoma Commission a 14001468 My Commission Expires February 14. 2018 PRINTED NAME TITLE (If Applicable) 3 irl 110 s 010. row — a g WITNESS my hand and official seal. m 21 of 22 tO a C:\Userslldunn\ApplJata\ oval\Microsati\Windnws\Temporary Internet FileslContcnt Outlook\SDQYDZ1161Rose Rock Midstream LP re. atc �Ny a jMUSRl4.002512015 Part 2 General Provisions- Final IA (7-20-15) does Tag = d'mu� STATE OF COLORADO ) b 1 a ss. u � 3aa m County of Weld 1 N_a_ W'� N� a� i. The foregoing instrument was acknowledged before me this day of 2015, by Ellicial or Department Head (MUSRI4-0025) 2015 Part 2 General Provisions- Final IA (7-20-15) docx Notary Public My commission Expires: LESSEE (If Applicable): SIGNATURE PRINTED NAME TITLE STATE OF COLORADO ss. County of Weld The foregoing instrument was acknowledged before me this day of 2015, by WITNESS my hand and official seal. Notary Public My commission Expires: ATTEST: Weld C BY: Deputy Cie 7 to APPROVED AS TO County Attorney BOARD OF COUNTY COMMISSIONERS y Clerk to the B WELD COUNTY, COORAD() arbara Kirkmeyer Chair / AUG 1 92015 APPROVED A,S TO SUBSTANCE: 22 of 22 C:\Userslldunn\Appl)ata\I.ocal\Microsoft\W'indosssVTemporary Internet files\Content Outlook1SBQYBZH6\Rose Rock Midstream II.P 7 oP,1. /J X2.71 / EXHIBIT A - Cost Sheet (OFF -SITE) Name of Facility: ' Personnel Contact: Name Allan Dye USR14-0025 Location: S1/2, SE1/4, S24, T3N, R65W Tine: Director Land Services Phone: 405-945-6320 lntendlsw to be leenit>' boand, the andersfcned MrpHrnor hereby arms to pm vide rhrouehour►hts farH[N the follmel Improvements (Leave spares blank where they do not apply) (OFF -SITE) Ouantity &di Unit (.oats (S) Estimated Construction Cost (Sl .LPUBLIC WORKS, Site Grading 15,000 SY 3.00 45,000 Street Grading 8,500 SY 4.00 34,000 Street Base, Gravel for Parking 7,800 TONS 19.00 148,200 Street Paving 4,800 TONS 90,00 432,000 Pavement Marking 3,500 LF 5.00 17,500 Curbs, (;utters, and Culverts Sidewalk — _-_. _ __ ____ Stormwater/Drainage Facilities Retention / Detention Ponds _____ ..,-„ ____ Road Culvert 395 LF 4.50 17,775 Grass Lined Swale 3,000 SY 5.00 15,000 Ditch Improvements Subsurface Drainage _.._- . _. Entrance/Access Improvements Erosion Control Measures/BMP's 1 LS 5,000 5,000 Road Maint. Collateral (per Sec. E.-7.5) 1 LS 3,600 3,600 Dust Control (per Sec. E.-7,5.2) Fire Hydrants Survey, Street Monuments/Boxes ___- -__- IPLANNING SERVICES Parking Area, Curb Stops, Bus Kiosks Street Lighting Street Names ----- -- _ ----_ Signage 1 LS 3,600 3,600 Fencing Requirements 2,800 LF 15.00 42,000 Landscaping, Seeding,'I'recs, etc. 2 AC 3,000 6,000 Park Improvements .- ---- Handicap Accessibility, Parking & Rails _..._ Septic Systems _- -._. --- --- Uft-TOTAL. , m �� - �,: �r. �.. aw 769,675 en via, onee ton, as liufit plans an war th a t Engineering and Supervision Costs ($) final pint; supervision of actual construction on o Ord m nary and by contractors) 76,970 TOTAI. ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION (S) 846,645 4141051 Pages: 25 of 28 09/10/2015 02:20 PM R Fee $0.00 Car KcOOe% CIM k and Recorder Weld co,r,1, CO �IIIIY,ir1riP�e'��I`IQ:D4�Lrt1P+��K��1w'�tiY�,�� Mill EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improveme By: I be compl'te+/ccordingto the construction schedule set out in Exhibit B Applicant j,� j} �{ ,/]t(� p /� lb — ,� j 1,'f(Jr�1e/L/�Xr►UtaI.IC/�LJ Date , 20 Title By: Applicant Title 4141051 Pages: 26 of 28 09/10/2015 02:20 PM R Fee:$0.00 Carly Koppel C 1 er 14 and Recorder Weld County. CO \ %il�'��L�i��y�'i Date , 20 EXHIBIT B - Time Schedule (ON -SITE) & (OFF SITE ) , ,k C_,:i,.. Name of Subdivision, PM), USR, RE, SPR: :t�.' FIIh,gJCase Il:@rritjSR14-0025 [.ocnqua: S1/2. SE4lM1,. $24,ROW'(31„�� 'mending to to legally to,unt the undersigned Appileanf hereby agrees to provtdethrawgheul this leek,. the,2llawhtg improve:nen& All Improvements shall be completed within 1 years from the date of approval of the Final plat, conautaeuon or mo umprovomenra nasca m txnnra a snan ne cormeu sa rallOwa: Improvements (Leave spaces blank where they do nal apply ) Time Schedule OI NSITE] (f l F'KSl7tr j ,,PUBLIC WORKS1 Site Grading Street Grading Street Base, Gravel for Parking Street Paving Pavement Marking Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention I Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Entrance/Access Erosion Control Measures/BMP's Fire Hydrants Survey, Street Monuments/Boxes 1PLANNING SERVICESI. Parking Area, Curb Stops, Bus 1Cloaks Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails Septic Systems irinal C aannieflun tistf for Entire 1`roJer t December 2015 December 2015 4141051 Pages: 27 of 28 09/10/2015 02:20 PM R Fee'$0.00 Carly KoopeS Clerk and Recorder Weld County CO VtAMAI,Yrtrll t, laUalt4,4'l1l,i,1I 111 EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Nricri- lard o�iu-v�us Title By: Applicant Title 4141051 Pages: 28 of 28 09/10/2015 02'20 PM R Fee:$0,00 Carly Koppos, Clortt and Recorder, Weld County CO VIII Fed Valk :ti,!AM k U?,IA Ill II Date , 20 O:\New Version Agreement\Exhibits120131Exh B Time Schedule-FINAL(2013).xlsx GUARANTY FOR BOARD) OF COUNTY COMMISSIONERS OF WELD COUNTY. COLORADO f This GUARANTY (the " ('ruuranty') is made as of ,,. 2015 by Rose Rock Midstream Crude. LP a limited partnership of the State of I)elawar " ( itiarantor '), for the benefit of the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (the "Beneficiary"' or "Board"). Guarantor is Rose Rock Midstream Crude, I.P the land use applicant ("Applicant") in case Mt1SR I4-0025. Guarantor. Applicant. and Beneficiary are sometimes collectively referred to herein as the "Parties." RECITALS A. The Applicant and the Board are entering into that certain Improvements Agreement According to Policy Regarding Collateral for improvements (as amended, modified and supplemented from time to time, the "Agreement''), pursuant to which the Board and the Applicant are agreeing to certain requirements related to the on -site and off -site iinproyements the Applicant will undertake in connection with the construction of the facilities contemplated by a USE BY SPECIAL. REVIEW for Property located in Weld County, Colorado -- MUSK 14-0025. B. The Brenef7ciarytt illittc'ness to enter into the Agreement is conditioned upon the issuance by Guarantor of this Guaranty. C. Guarantor is willing to issue this Guaranty on the terms and conditions set forth herein. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: SE(' "I ION 1 1)clinitions. .I Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Agreement. 1.2 As used in this Guaranty, the following terms shall have the following meanings: Business [)av" means a day on which the offices of the commercial banks and financial institutions are open to the public for carry irig on of substantially all of their business functions. "Guaranteed Obligations' means any and all of the obligations of the Applicant for which Project Collateral is required under the Agreement subject to the limitations set forth in the Agreement. 1.3 In this Cuaranty: (a) Unless otherwise specified. references to Sections and clauses are references to Sections and clauses of this Guaranty: and (h) Except as otherwise specifically provided herein, including without limitation in this Section I,3_(h). references to the Agreement or this Guaranty, shall he deemed to include references to such document as amended or supplemented and in effect from time to time in c>2.043--,,2777 accordance with the terms and subject to compliance with the requirements set forth in the Agreement or (ivaranls. as applicable: 1.4 The captions and section headings appearing herein are included solely for convenience of reference and are not intended to affect the interpretation of any provision of this Guaranty. SECTION 2. (ivarantti. Subject to the provisions hereof. Guarantor hereby unconditionally and irrevocably guarantees. to the Beneficiary, as primary obligor and not as surety. the full and prompt payment when due of the Guaranteed Obligations. If Guarantor is not the Applicant, to the extent that the Applicant shall fail to pay any Guaranteed Obligations, Guarantor shall promptly pay to Beneficiary the amount due. SE(' I ION 3. Limitation on Guarantor's Liability. 3.1 A Guarantor which is also the Applicant shall be subject to all liability provisions of the Improvements Agreement. 3.2 A Guarantor which is not the Applicant shall he subject to the following liability provisions: a. Guarantor's liability hereunder shall be and is specifically limited to payments expressly required to be made in accordance with the Agreement, and in no event shall Guarantor be subject hereunder to any indirect, special, incidental, exemplary or consequential damages. losses, or liability of any kind whatsoever, including loss of utilization or use, loss of opportunity, loss of profits, business interruption or expected income, or any other damages, except that Guarantor may he liable for costs and attorneys' fees pursuant to section 24 of this Agreement. The foregoing limitation shall apply for any and all manners of liability including liabilities based in contract, tort, statutory, regulatory. environmental or any basis in any law or equity. Notwithstanding anything herein to the contrary. the maximum aggregate liability of Guarantor in respect of the Guaranteed Obligations is limited to and shall not exceed the Project Collateral (it being understood that any payment by Guarantor or Applicant of any portion of the Guaranteed Obligations shall limit and reduce Guarantor's maximum aggregate liability hereunder on a dollar -for -dollar basis). b. Except as specifically provided in this Guaranty, Beneficiary shall have no claim, remedy or right to proceed against Guarantor or against any past. present or future stockholder, partner, member, director or officer thereof for the payment of any of the Guaranteed Obligations, as the case may he. or any claim arising out of any agreement, certificate, representation, covenant or warranty made by the Applicant in the Agreement. SEC'1'ION 4. Payment Demand. 4.1 If the Applicant fails or refuses to pay any Guaranteed Obligations when due and owing, Beneficiary shall notify Applicant in writing of the manner in which Applicant has failed to pay and demand that payment be made by Applicant. If Applicant's failure or refusal to pay continues liar a period of five (5) Business Day's after the date of Beneficiary's notice to Applicant, and Beneficiary has elected to exercise its rights under this Guaranty. Beneficiary shall make a demand upon Guarantor (hereinafter referred to as a "Payment Demand''). A Payment Demand shall he in writing and shall reasonably and briefly specify in what manner and what amount Applicant has failed to pay and an explanation of why such payment is due and owing, with a specific statement that Beneficiary is calling upon Guarantor to pay under this Guaranty. A Payment Demand satisfying the shall 4 -isufficient nh ice to Guarantor it ti tsuch Guaranteed foregoing requirements _,�,�rl to deemed .t.... that n..ls. pay (_s 1rlr. Obligations and such payment shall be made to Beneficiary by Guarantor within live (5) Business Days after receipt of such Payment Demand. A single written Payment Demand shall be effective as to any specific default under the Agreement that is susceptible of being cured by the payment of money during the continuance of such default and additional written demands concerning such default shall not be required until such default is cured. SL("LION 5. Nature of Guaranty: Setoffs and Counterclaims 5.1 this Guaranty constitutes a guaranty of payment when due and not of collection, and Guarantor specifically agrees that it shall not he necessary or required that the Beneficiary exercise any right, assert an claim or demand or enforce any remedy whatsoever against Applicant, except as described in this Agreement, either before or as a condition to the obligations ()I' Guarantor hereunder. 5.2 if ( ivarantor is not the Applicant, Guarantor reserves to itself all rights, set -offs. counterclaims and other defenses to which Applicant or any other affiliate of Guarantor is or may be entitled to arising from or out of the Agreement or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Applicant. Guarantor shall have the benefit of and the right to assert any defenses against the claims of the Beneficiary which are available to Applicant, and which would have also been available to Guarantor if Guarantor had been in the same contractual position as Applicant under the Agreement. other than (i) defenses arising from the insolvency, reorganization or bankruptcy of Applicant. (ii) defenses expressly waived in this Guaranty, and (iii) defenses or legal issues previously asserted by Applicant against such claims to the extent such defenses have been finally resolved in the Beneficiary's favor by a court of last resort or by arbitration conducted pursuant to the Agreement. For the avoidance of doubt, a payment shall be due for purposes of this Guaranty only when and if a payment is due and payable by Applicant to the Beneficiary under the terms and conditions of the Agreement. In order to exercise any of the rights contemplated in this subsection 5.2, Guarantor agrees to pay in full the amounts demanded to Beneficiary, which shall hold such funds in escrow pending the settlement of the dispute. SI:(..'TION 6. Unconditional Obligations. An action may be brought and prosecuted against Guarantor to enforce this Guaranty. irrespective of whether any action is brought against Applicant. or whether Applicant is joined in any such action or actions. The liability of Guarantor under this Guaranty shall be continuing, irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives, any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than satisfaction in full of the Guaranteed Obligations. This Guaranty shall continue to he effective or be reinstated, as the case may he, if'at any time any payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by the Beneficiary upon the insolvency. bankruptcy or reorganization of Applicant or otherwise, all as though such payment had not been made and, in such event, Guarantor will pay to the Beneficiary upon demand an amount equal to any such payment that has been rescinded or returned. S1':CIION 7. Waiver, t:xcept as set forth in this Guaranty, Guarantor hereby unconditionally waives (a) presentment, demand of payment, protest for nonpayment or dishonor, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations by the Beneficiary. and (b) any requirement that the Beneficiary enforce or exhaust any right or remedy or take any action against Applicant. SECTION It )N 8. Notwithstanding anything in this Guaranty to the contrary. and in addition to any other rights of the Beneficiary to which Guarantor or any of its designees may be subrogated. to the extent Guarantor shall make or cause to he made any payment pursuant to this Guaranty, Guarantor shall he subrogated to all rights the Beneficiary may have under the Agreement in respect thereof: provided, however, that Guarantor shall be entitled to enforce such right of subrogation only after all rights of the Beneficiary with respect to the Guaranteed Obligations shall have been fully satisfied. SECTION 9, Representations and Warranties, Guarantor hereby represents and warrants, as follows: (a) Guarantor is a body corporate duly organized under the laws of the State of Delaware and authorized to conduct business in the State of Colorado. (h) The execution, delivery and performance by Guarantor of this Guaranty are within Guarantor's corporate powers, have been duly authorized by all necessary corporate action, and do not contravene (i) Guarantor's organizational documents, (ii) any contractual restriction binding on or affecting Guarantor or (iii) applicable law. (c) No authorization or approval by, and no notice to or filing with, any governmental authority or regulatory body or any other third party is required for the due execution, delivery and performance by Guarantor of this Guaranty. (d) There is no action, suit or proceeding now pending or, to Guarantor's knowledge, threatened against Guarantor before any court, administrative body or arhitral tribunal that could be reasonably likely to have a material adverse effect on Guarantor's ability to perform its obligations under this Guaranty. SECTION 10. (.iovcrning Law. This Guaranty shall be governed by and interpreted in all respects in accordance with the laws of the State of Colorado, United States of America, without reference to conflicts of laws SECTION 1 1. Consent to Jurisdiction Each oldie Parties hereto hereby agrees that any legal action or proceeding arising out of or relating to this Guaranty, or for recognition or enforcement of any judgment shall be brought in or removed to the Federal Court for the District of Colorado or the Weld County (District Court located in Greeley, Colorado to the exclusion of any and all other courts, forums or venue. I3y execution and delivery ol'this Guaranty, the Parties hereto accept. for themselves and in respect of their property, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts. Each Party hereto hereby irrevocably consents to the service of process out of any of'the aforementioned courts in any manner permitted by law, At a minimum, Guarantor agrees to maintain an agent registered with the Colorado Secretary of State for the purposes ()Incepting service of process. Each Party hereto hereby waives any right to stay or dismiss any action or proceeding under or in connection with this Guaranty brought before the foregoing courts on the basis of forum non-convenicns. SECTION 12. Waiver of Jur, 1 rial. EACH OF THE PARTIES KNOWINGLY, VOLUNTARILY, INTENTIONALLY ANI) IRREVOCABLY WAIVES ANY RIGICI' IT MAY NOW OR HEREAFTER I {AVE TO ATRIAL BY JURY IN ANY LITIGATION BASED HEREIN, OR ARISING OUT OF, UNDER, OR IN RESPECT OF THIS GUARANTY, OR ANY COURSE OF CONDUCT, COURSE. OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF THE BENEFICIARY OR GUARANTOR. SECTION 13. amendments. No amendment or waiver of any provision of this Guaranty, and no consent to any departure by Guarantor or the Beneficiary herefrom, shall in any event be effective unless the same shall be in writing and signed by the Beneficiary and Guarantor and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. SECTION 14. Addresses for Notices. All notices and other communications provided for hereunder shall be in writing (including facsimile) and mailed, faxed or delivered to each of the Parties as follows: To Guarantor: Rose Rock Midstream Crude, LP 3030 NW Expressway, Ste 1 100 Oklahoma City, OK 73112 Attn: Allan Dye (405) 945-6320 With a copy to: Rose Rock Midstream Crude, 1.1' 6 120 S. Yale Ave, Ste 700 Tulsa, OK 74136 Attn: Trey Skelton (918) 524-8131 To Applicant, if different from Guarantor: [NAME] .__ _.... _... [ADDRESS] _ [ATTENTION TO: I [PHONE] __ [FAX1 . To Beneficiary: Weld County, Colorado Board of County Commissioners 1 1 5t} "O" Street Greeley. Colorado 80631 All such notices and other communications shall he effective (a) if mailed, live (5) Business Days after deposit in the mails. postage prepaid. certified or registered, return receipt requested, (b) if faxed, when sent and receipt has been confirmed by telephone (c) ifdeliv ered by hand or by courier, when signed for by or on behalf of the relevant Party. and (d) ifsent by overnight delivery service (e.g., Federal Express, Emery, DLIL or Airf3orne), on the next Business Day. SEC t ION 15. No Waiver of Remedies No failure on the part of the Beneficiary or Guarantor to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof: nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right, The remedies herein provided are cumulative and not exclusive of any remedies provided by law. SECTION 16, Severabili_ty. In case any one or more of the provisions contained in this Guaranty should be invalid, illegal or unenlurceable in any respect, the validity. legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. S1('TION 17. Counterparts, This Guaranty may be executed in one or more counterparts. Delivery of an executed signature page of this Guaranty by facsimile transmission shall be effective as delivery of a manually executed counterpart thereof. SECTION 18. Entire Agrrcenlent. This Guaranty and any agreement. document or instrument referred to herein integrate all the terms and conditions mentioned herein or incidental hereto and supersede all oral negotiations and prior writings in respect of the subject matter hereof. SECTION 19. Continuing. Guaranty. Notwithstanding anything to the contrary in the Agreement. this Guaranty is a continuing guaranty and shall remain in full force and effect until the earliest to occur of(a) the first anniversary of the termination or expiration of the Agreement by its terms or (b) payment in full of the Guaranteed Obligations. SECTION 2(1. Succcssors and Assigns This Guaranty shall be binding upon the Parties and their successors and assigns and inure to the benefit of and he enforceable by the Parties and their successors and assigns. SI',("l'lON 21 Governmental Immunity. No term or condition of this Guaranty 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 ti§24-10-101 et seq.. as applicable now or hereafter amended. SECTION 22. No Third Party Beneficiaries. 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 he 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 he an incidental beneficiary only. SECTION 23. Approval bNBoard o inn\ ( eId ((' This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. SECTION 24. a\ttorney l In the event of a dispute between Guarantor and Beneficiary concerning this Guaranty, the parties agree that Guarantor shall pay Beneficiary's reasonable costs and attorneys' fees incurred in enforcing this Guaranty if the court determines that Beneficiary is a prevailing party. [SIGNATURE PAGE FOLLOWS IN WITNESS WHEREOF. Guarantor and the Beneficiary have caused this Guaranty to he duly executed and delivered by their respective officers thereunto duly authorized as of the date first above written. For GUARANTOR Rose Rock Midstream Crude, LP. By: Rose Rock Midstream Energy GP, L.L.C. By: Name: Peter L. Schwiering Title: Chief Operating Officer For APPLICANT, if different than Guarantor By: Name: Title: For BENEFICIARY Date. Date: By: Q.CQ C.t�'CX-a t Date: AUG 1 12iIR5 Name: 3arhara Kirkmc, er Title: Chair, Weld County Board of County Commissioners o2ois--, 7 77 MEMORANDUM TO: Clerk to the Board DATE: Sep. 30, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Consent Agenda Item RE: MUSR14-0025 — Rose Rock Midstream Crude, L.P. Acceptance of Warranty Deed for Public Road Right -of -Way for certain improvements to WCR 30 as required to meet roadway improvements required with approval of MUSR14-0025. (Doc.#2015- 2777) with Rose Rock Midstream Crude, L.P. M:1FrancielAGENDA memos\Agada-Tifany.doc Cam - /6 -,5 sate C6!Ltak> -.6.1D1,0 RECEIVED SEP302016 WELD COUNTY GOIVWPQQ!ONERS X015-�.i77 £ (7 7 -- WARRANTY DEED THIS DEED made this ( Ill ' day of , 2015, between Rose Rock Midstream Crude, L.P., a Delaware limited partn hip, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, State of Colorado, Grantee: WITNESS, that the Grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors, heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Except and reserving unto Grantor any and all water rights, water resources and water structures appurtenant to the above described real property. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors, heirs and assigns forever. And the Grantor, for itself, its successors, heirs and personal representatives, does covenant, grant, bargain and agree to and with the Grantee, its successors, heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors, heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4243657 Pages: 1. of S 10/10/2010 10:09 AM R Foo:$0.00 D Fao:$0.00 Carly 'Comet, Clerk and Recorder, Weld County. CO iii MIli:'Isia;lll'N klVIVAKO VIl hLrti.iil4 II II 020 2 7 7 7 IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. Rose Rock Midstream Crude. L.P. By Rose Rock Midstream Energy GP, L.L.C., Its General Partner By: Peter L. Schwiering, Chief Oprating Officer State of Oklahoma )ss. County of Oklahoma The foregoing instrument was acknowledged before me this 2.tp day of 20 15, by Peter L. Schwiering, as Chief Operating Officer of Rose Rock Midstream Energy GP, L.L.C. in its capacity as General Partner of Rose Rock Midstream Crude, L.P. SAMMIE SMITH Notary Public, State of Oklahoma Commission It 14001468 My Commission Expires February 14. 2018 My commission expires: A.--P-Rs 4243557 Pages: 2 of 3 00 D Faa:to.0O 10/10/2018 10:09 AMR Faa:$O Carly KQPPea, Clerk and Recorder, Meld County, CO It !Pall lir ''%NOMIII Witness my hand and official seal. Notary Public ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights -of -Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(l)(a). Dated this 4 day of ATTEST: CLERK TO THE BOA BY• Dep y Clerk to the Bo STATE OF COLORADO )ss COUNTY OF WELD , 2016. BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: T I l,c. ►eye. _ Mike Freeman, Chair OCT 0 5 2016 e foregoing instrument was acknowledged before me this day of 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY CO ISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: Notary /9 W/1 4243567 Pages: 3 of 5 10/10/2016 10:09 AM R Fee:$0.00 D Fee:$0.00 Carly Kopp's, Clerk and Racordsr, Weld County, CO VIII I4l411101104taiift/I W PRIMO YID II 01 CHERYL LYKe•t E L''3" :t, i1 t� ihC at STA `1"2 NUTA'r.`Y !L) MY Cumuli:.• iul: c),20/. ---Q2_77 7 "EXHIBIT A" NE 1_/4 SEC. 25 NW/4 NE/4 {241 SW/4 SE/4 SW COR. OF SE QUARTER' CF SEC. 24 -3N -55W 3' ALUM. CAP STAMPED 'LS 25937 ALPHA SURVEY' EXISTING 80Ad ROW BASIS OF BEARINGS IZ WELD COUNTY PROJECT LOCATION SE 1/4 SEC. 24 -3N -65W 0 200' SCALE IN PEET S89'5418'W 1899.32' PROP. EXISTING 60.00' ROW POINT OP BEGINNING NO0'0542'W 30.00' S8004101 79.84' POINT OF COMMENCEMENT SE COR. OF SEC. 24 -3N -85W 3 I/2 " ALUM. CAP STAMPED "LS 23027" LOT U RE ANADARKO EAR ONSHORE LI.C & ANADARKO PETROLEUM CORP w ao PROPERTY UNE NO0'25'59'W 45.00' ROW LOT C RE ROSE ROCK MIDSTREAM CRUDE LP $68'59'I CE 275.59' SE 1/4 SEC. 24 LINE TABLE LINE # BEARING DISTANCE LI SO0'21'12"E 45.59' L2 S44'47'44'W 41.90' PROPOSED COUNTY ROAD ROW 30.00' ROW LI N44'4744'L 63.78' IS' ADDITIONAL ROW F RECORDED IN N89'38'481: RECEPTION NO. 3594538 20.00' EXISTING 50.00' ROW PROPOSED 20' COUNTY ROAD ROW COUNTY ROAD 49 E. UNE OF S. I/O OF SECTION 24 DAIS 4F'LA97 SITE ©7 -87 -IS 3HAFER, KLINE & WARREN, INC. foam ammo owe 9HU95MM 'TULSA, OK•HOUSTON. TX HVAYRK -INC.COM LOT C RE ROSE ROCK MIDSTREAM CRUDE LP COUNTY ROAD 30 RIGHT.OF•WAY SCALE: 1' - 200' DATE: 07100/15 JOB NO; 120418-12R REV DATE BY DRAWN BY: MC APPROVED BY: SWL SECTION 24, TOWNSHIP 3 NORTH, RANGE 85 WEST WELD COUNTY, COLORA00 SHEET: 1 OF 2 "EXHIBIT A" DESCRIPTION: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 03 NORTH, RANGE 65 WEST IN WELD COUNTY, COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24; THENCE SOUTH 89 DEGREES 54 MINUTES 18 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SECTION 24, A DISTANCE OF 79.84 FEET; THENCE NORTH 00 DECREES 05 MINUTES 42 SECONDS WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 30 AS NOW ESTABLISHED AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 54 MINUTES 18 SECONDS WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1899.32 FEET; THENCE NORTH 00 DEGREES 25 MINUTES 59 SECONDS WEST, ALONG THE WEST LINE OF LOT C RE, SAID LINE ALSO BEING THE EAST UNE OF LOT B RE, A DISTANCE OF 45.00 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 18 SECONDS EAST, A DISTANCE OF 643.37 FEET; THENCE SOUTH 86 DEGREES 59 MINUTES 11 SECONDS EAST, A DISTANCE OF 276.59 FEET; THENCE NORTH 89 DEGREES 54 MINUTES IB SECONDS EAST, A DISTANCE OF 944.38 FEET; THENCE NORTH 44 DEGREES 47 MINUTES 44 SECONDS EAST, A DISTANCE OF 63.78 FEET; THENCE NORTH 69 DEGREES 38 MINUTES 48 SECONDS EAST, A DISTANCE OF 20.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY UNE OF WELD COUNTY ROAD 49 AS NOW ESTABUSHED; THENCE SOUTH 00 DEGREES 21 MINUTES 12 SECONDS EAST, ALONG SAID WEST RIGHT-OF-WAY UNE, A DISTANCE OF 45.59 FEET; THENCE CONTINUING ALONG SAID WEST RIGHT-OF-WAY UNE, SOUTH 44 DEGREES 47 MINUTES 44 SECONDS WEST, A DISTANCE OF 41.90 FEET, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 30 AS NOW ESTABLISHED AND THE POINT OF BEGINNING. CONTAINING 71.077 SQUARE FEET OR 1.632 ACRES, MORE OR LESS. BASIS OF BEARINGS: BEARINGS ARE BASED THE ASSUMPTION THAT THE SOUTH UNE OF THE SOUTHEAST QUARTER OF SECTION 24 BEARS SOUTH 89 DEGREES 54 MINUTES 18 SECONDS WEST. THE SOUTHEAST CORNER OF SECTION 24 IS 3 1/2" ALUM. CAP STAMPED "LS 23027". THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 24 IS 3" AWM. CAP STAMPED "LS 25937 ALPHA SURVEY" SHAFER, KLINE & WARREN, INC. MIS M1ii7, VIA tormums EIIY..N0 NINA . IMNIMI8 • KANSAS CITY, MO.TUL8P, OK.HOU8TON, Tx DATE OF LAST SITE NS T - 07-07-15 LOT C RE ROSE ROCK MIDSTREAM CRUDE LP COUNTY ROAD 30 RIGHT-OF-WAY SCALE: NIA DATE: 07108/15 JOB NO: 120418.128 DRAWN BY: TRC REV DATE BY APPROVED BY: SWL SECTION 24, TOWNSHIP 3 NORTH, RANGE 06 WEST WELD COUNTY, COLORADO SHEET: 2 OF 2 MEMORANDUM TO: Clerk to the Board DATE: Sep. 30, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Consent Agenda Item RE: MUSR14-0025 — Rose Rock Midstream Crude, L.P. Acceptance of Quit Claim Deed for Public Road Right -of -Way for certain improvements to WCR 30 as required to meet roadway improvements required with approval of MUSR14-0025. (Doc.#2015-2777) with Anadarko E&P Onshore LLC. MAFrancie\AGENDA memoslAgenda-Tiffany doc eiltett lb RECEIVED SEP 3 0 2016 WELD COUNTY COMPSTONFRS 0*.`&v'er,f/( 11)1i) EG oc�r�. QUITCLAIM DEED ANADARKO E&P ONSHORE LLC, a Delaware limited liability company ("Grantor"), hereby QUITCLAIMS, without warranty of any kind, to COUNTY OF WELD, a body corporate and politic of the State of Colorado ("Grantee"), for the sum of ten dollars ($10.00) and other good and valuable consideration, subject to the reservation set forth herein, all of its right, title and interest in the following described tract of land located in the Southeast Quarter (SE/4) of Section 24, Township 3 North, Range 65 West, Weld County, State of Colorado, containing 0.467 acres, more or less, to -wit: SEE ATTACHED EXHIBIT "A" Grantor hereby EXCEPTS from this grant and RESERVES unto Grantor, its successors and assigns, forever, all oil, gas and other minerals and rights thereto owned by Grantor, together with the sole and exclusive and perpetual right to explore for and remove said oil, gas and other minerals. Said property shall be subject to (i) all easements, covenants, restrictions, rights of way, third party rights of use, and other encumbrances of any kind, whether or not same are of record, (ii) all matters an accurate survey and/or inspection of the above described land would show or disclose, (iii) all applicable zoning, use and other laws, rules, and regulations, (iv) all property taxes and other applicable assessments, and (v) all other matters of any kind enforceable at law or in equity. IN WITNESS WHEREOF, said Cira tt has affixed by its duly authorized officers, this ILday o STATE OF TEXAS COUNTY OF MONTGOMERY § ��corporate to be hereunto t�C 015. DARK() E&P ONSHORE LLC n Byro A• + nt and Attorney -in -Fact The foregoing instrument was acknowledged before me thistL day of Jane Ann Byroad, as Agent and Attorney -in -Fact of Anadarko E&P Onshore WITNESS my hand and official seal. My commission expires: OTARY PUBLIC 10�%20t6 10 Paves: R Fee:$0.00 0 r«:60 00 Curly Reopen. Clerk end R.ecrder. Mold Courtly. CO VIIIPrdltilli ilifC1441Millklai 4Afm'kik II Ill 2015, by ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights -of -Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this � day of , 2016. ATTEST: d CLERK TO THE BO BY De..+ty Clerk to the Board STATE OF COLORADO ) )ss COUNTY OF WELD ) BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: k t Mike Freeman, Chair OCT 0 5 2016 e foregoing instrument was acknowledged before me this day of 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: /02 f /9/�f 4243568 Paws: 2 of 4 10/10/201B 10:09 AM R Fee:$0.00 D Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO 110 IrriNV711 I ;llifi Ii1ilifili VIII i 1414 1,411111 Notary Publ CHERYL LV o.Z►a SYA'tn cw cot.oli ao NOTARY ID 2014'xJ4a;f144 MY Cu�i -II!., ICii c;4f'I109 1)10. 19, 2018 o2Q i� .al 717 "EXHIBIT A" n:u°Fug I. r,I'I:r,r,lc •rI11.;1 e, ;tl rftih;i,l, ( IIIiTLI`;;- .Ili POINT OF BEGINNING NO0'25'59"W i NO0'25'59"W 30.00' 30.00' POINT OF COMMENCEMENT SW COP OF SE QTR SEC 24-3N -05W 3" ALUM. CAP STAMPED "LS 25937 ALPHA SURVEY" EXISTING 60.00' ROW ~� 089'54118"W 659,75' OASIS OF BEARINGS SOO.25'59•1E 4500' W LINE OF SE I/4 SECTION 24 PROPERTY LINE - 30 00' ROW 989'54'18"E 614 13' IL'FF I' IL): ANAI)AILKU I;✓L-1 (1N1;1111R1111, PROPOSED COUNTY ROAD ROW N 44'54' I B" E 21.21' 989.54'18" E 30 55' 45.00' ROW Iol !V! NW/4 NE/4tw 0 4z Z' ,o SW/4 SE/4 .o PROP.I0 ROW 24; WELD COUNTY ROAD 30 PROJECT LOCATION SE 1/4 SEC. 24 -3N -65W O 200' SCALE IN FEET �o, s IWmo''1 PROPERTY LINWO?. SE COR OF SEC 24 -3N --65W 3 1/2 " ALUM CAP STAMPED "LS 23027" DATE OF LAST SITE l?SIT - 07-07-75 SHAFER, KLINE & WARREN, INC. IMO NWT. flea NORTH IIWBAS CRY, MO 04110 414.750 0444 0 KANSAS CITY, MO.TUI:SA, OK.HOUSTON, TX COM LOT B RE ANADARKO E8P ONSHORE LLC COUNTY ROAD 30 RIGHT-OF-WAY SCALE: 1" = 200' DATE: 07108/15 JOB NO: 120418-12R REV DATE BY DRAWN BY: TRC APPROVED BY: SWL 08-31.15 TRC 4243066 Pages : 3 of 4 10/111/2,16 i ly,Komi',IClr4 anti Rio ,der. Mai01 Coun0 ty. C SIN IM1�li1'ItlVih'�,NfW Bill SECTION 24, TOWNSHIP 3 NORTH, RANGE 65 WEST WELD COUNTY, COLORADO SHEET: t OF 2 "EXHIBIT A" DESCRIPTION A TRACT OF LAND LOCATED 'NI THE SOUTHEAST QUARTER OF SECTION 24. TOWNSHIP 03 NORTH, RANGE 65 WEST IN WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 24; THENCE NORTH 00 DEGREES 25 MINUTES 59 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 30 AS NOW ESTABUSHED AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 25 MINUTES 59 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 30.00 FEET: THENCE NORTH 89 DEGREES 54 MINUTES 18 SECONDS EAST, A DISTANCE OF 814.13 FEET; THENCE NORTH 44 DEGREES 54 MINUTES 16 SECONDS EAST. A DISTANCE OF 21.21 FEET, THENCE NORTH 89 DEGREES 54 MINUTES 18 SECONDS EAST, A DISTANCE OF 30.55 FEET TO THE EAST LINE OF LOT B RE, ALSO BEING THE WEST LINE OF LOT C RE, THENCE SOUTH 00 DEGREES 25 MINUTES 59 SECONDS EAST ALONG SAID LOT LINE, A DISTANCE OF 45.00 FEE1 TO A POINT ON SAID NORTH RIGHT -OF -WAY LINE: THENCE SOUTH 89 DEGREES 54 MINUTES 18 SECONDS WEST. ALONG SAID NORTH RIGHT -OF -WAY LINE. A DISTANCE OF 659.75 FEET TO THE POINT OF BEGINNING_ CONTAINING 20.364 SQUARE FEET OR 0.467 ACRES, MORE OR LESS. BASIS OF BEARINGS. BEARINGS ARE BASED THE ASSUMPTION THAT THE SOUTH UNE OF THE SOUTHEAST QUARTER OF SECTION 24 BEARS SOUTH 89 DEGREES 54 MINUTES IB SECONDS WEST. THE SOUTHEAST CORNER OF SECTION 24 IS 3 1/2" ALUM. CAP STAMPED "LS 23027". TI1E SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SFCTION 74 IS 3” ALUM. CAP STAMPED "LS 25937 ALPHA SURVEY" DATE OF LAST SITE VISIT - 07-07-15 SHAFER, KLINE & WARREN, INC. 1700 SWDT, I107..110NfN WW2 CITY. NO 0H1/ i10;0{4,44 • KANSAS CITY, MO.TULSA. OK.HOUSTON, TX CON LOT B RE ANADARKO EM' ONSHORE LLC COUNTY ROAD 30 RIGHT-OF-WAY SCALE: NIA DATE: 07/06/15 JOB NO: 120418-12R REV DATE BY DRAWN BY: TRC 08-31-15 TRC APPROVED BY: SWL 4243518 Pops: 4 of 4 10/10/2010 Carly games, Clara and R000rd Wald County,;CO e sir � w� i kkiPal SECTION 24, TOWNSHIP 3 NORTH, RANGE 65 WEST WELD COUNTY, COLORADO SHEET: 2 OF 2 MEMORANDUM TO: Clerk to the Board DATE: Sep. 30, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Consent Agenda Item RE: MUSR14-0025 — Rose Rock Midstream Crude, L.P. Acceptance of Quit Claim Deed for Public Road Right -of -Way for certain improvements to WCR 30 as required to meet roadway improvements required with approval of MUSR14-0025. (Doc.#2015-2777) with the Russell L. Gurtler, Jr. Trust and the Dorthy K. Gurtler Trust. M:tFrantie\AGENDA memostAgenda-Tiffany dec RECEIVED SEP302016 WELD COUNTY c CO)` mISS.n,',0NERS &6: -r ra"/ /O- .1-,1777 72 QUITCLAIM DEED THIS DEED is made this tt t day of , 2015, between the Russell L. Gurtler, Jr. Trust and the Dorthy K. t rtler Trust, Grantors, and the County of Weld, a body corporate and politic of the State of Colorado, whose legal address is 1150 O Street, Greeley, Colorado 80631, Grantee. WITNESSETH, That the Grantor, for and in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, hereby sells and quitclaims unto the Grantee all the right, title, and interest of the Grantor in and to the following real property, together with improvements, if any, in the County of Weld and State of Colorado: The real property more particularly described in the attached Exhibit A; RESERVING TO THE GRANTORS ALL OIL, GAS, HYDROCARBONS AND OTHER MINERALS IN, ON AND UNDER SAID LANDS. IN WITNESS WHEREOF the Grantor has executed this deed on the date set forth above. RUSSELL L. GURTLER, JR. TRUST ty ' Lf:/tl to STATE OF COLORADO COUNTY OF WELD GurtI By: Dorthy K. Gurtler, Trustee DORTHY K. GURTLER TRUST By: Dorthy K. Gurtler, Trustee ) ss. Tie foregoing instrument was acknowledged before me this 3 day of f , 2015, by Dorthy K. Gurtler as Trustee of the Russell L. r Trust and as Trustee of the Dorthy K. Gurtler Trust. WITNESS my hand and official seal. My commission expires FPivrt Ae y /6,V I 4243549 Pages: 1 of 5 10/10/2010 10:09 AM R Fse:$0.00 D F..:$�.00 Cir1Y Koppu , Clerk and Recorder, Weld County, CO lIII INFANh't4II*i irsiiikialilK�i�ll1I� Wei II III NOTARY PUBUC STATE OF COLORADO NOTARY !0 200W05633 15, 20th ISSION EXPIRES FEBRUARY III I r AI 1,41NI% ��}�1ONlardi�1111� 09 AIunoD Pion '4sp.mosa put Ipso ,swidox ATAso oe ms:••d a 0014:',4grZ : s d mt 9t6g;£btb ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights -of -Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this day of ATTEST: d•/•w1/'e/e. CLERK TO THE BOARD BY Dep ty Clerk to the B STATE OF COLORADO ) )ss COUNTY OF WELD ) , 2016. BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: Mike Freeman, Chair OCT 0 5 2.015 egging instrument was acknowledged before me this day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: 102/199/c .D/f CHERYL LYNN HOFFM! N Y OTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION LXPIR$S DEC. 19, 2018 4243569 Paseo: 3 of 5 10/10/2016 10:®8 AM R Fee:60.00 D Fee:$0.00 CaIII14U�.rl illU��1�4CI «N EONl��fk II III a�� - -� • U !!;5 LL 3 a B-- �3y n N`� 1/4. ;ill mg glemwe ga, al 49u -A Sg •� .M "EXHIBIT A" ;OUNTY ROAD 30 POINT OF HEGINNING N • POINT OF - C:OMMENCEMNN' 'tlr tiF PiTR — NW/4 21 SW/4 is ICOI NE/4 SE/4 PROP. ROW PROJECT LOCATION SE 1/4 SEC'. 24-3;'V - 65W SHAFER, KLINE & WARREN, INC. 1706 SWIFT, K166. NORTH KANSAS CITY, MD 681 i6 816 166 8444 KANSAS CITY, MO•TULSA, OK•HOUSTON. TX WWW SKW-INC COM DORTHY K GURTLER TRUST & RUSSELL L GURTLER JR. FAMILY COUNTY ROAD 30 RIGHT-OF-WAY SCALE. 1" = 200' DATE 07/08/15 JOB NO 120418-12R DRAWN BY TRC APPROVED BY WA REV SECTION 24, TOWNSHIP 3 NORTH, RANGE 65 WEST WELD COUNTY, COLORADO SHEET 1 OF 2 "EXHIBIT A" A THAI.[ •A- i J AI? I'. , IH. _ •..I '- .I ;1':11. WE .T WE. 1,, 411, - F,S , S,1+.Ft[. N: -`I 8 3 f55',7..5 bINEC I11L :itJIN rrN 4 E Ill ,UIi IP -Nf '.,I OI;4I, _ ' UN 71,17/ FC 0FF.R E_ ZEE M811118, F"c�hlC" tb1 :i.I / 1..�: 17 A'NINI ON T.-11" ti';R t f'I(_LIT,'1 1/3r LfliE OT WEI I) ;I`.1rr N(IW I 8,13,1-11 i'' I. AND THE P+)if'3T OF BE: LNh`JNC I HL JI) _ +1.1I +std „ESP f 34 F)EN iN 14E)FE WEST, +,L0N i,I + h'N IT -c), ,N,-' N' 4 I)I, TANG "'' 81-C, 7t,=EE EVCt N(IxN, t4 ,1,,RFCS 54 MINLIFFE3 1N sr F1S" A )1" AHLLE F •8° (r.T, 1,rN',CI N' 1H E,') (.F ,K1-1'. . PM!! ES 4 +LFiLLi, Et+.FI. C)' TAN,._F ',N AF 'Ff SIN.' CIF' 1 +37 FEE ;v.:REEF:: 1' N.JTF' IJ ` M.] -` ; IAN,,, /A ': "' , T 4 Ft,P,I ?N ,HE E,NI C}F Till _O17 III V C I_L2 /771, 1 a Fz,18„ELL L C3EPT . P 14 AMEfi Y !PACT. ',Alp L NL 4' C: '`•' `E'r _!N:( +-,- l'I 'H tiE, I1 I 801,111 1 D.E.:PI-1C 1,1118.PL`. SELF Nic8r F.:3)1E., , -;LID - 1 -NE . E1 -' A .Iii 0. SIA. N -N',r1 G'E =5A 1NF 4FI- ;33.LIHT B4:', HF FEE KIM":13 181 ,7131838, , 81ZE WES1 138 7(1',IH _ol1NI z ALJ'1. LAP ` iA61P r, 'E ?'_r. .711.—A oN :,tll.l J- AI11 E 1,1.31..T78 5 1 a ct `/LCi ,, .VEY CIIE11.7',i,U'FIF';L0P 'WIr4L12 �:.1F 3S465 ' SHAFER, KLINE & WARREN, INC. 11110 SWIFT 0100. 505011 KANSAS CITY. 1.40 64115 616 /36 0444 4) KANSAS CITY. MO.TULSA. OK.HOUSTON. TX .COM JCB NO: 120418-12R DRAWN BY TRC APPROVED BY SWL REV DOR THY K GURTLER TRUST & RUSSELL L GURTLER JR FAMILY COUNTY ROAD 'f0 RIGHT-OF-WAY SCALE NIA DATE 0'7/08/15 DATE I BY 09/23/15 -AC SEC NON 24, TOWNSHIP 3 NORTH RANGL 65 WEST WELD COUNTY, COLORADO SHEET 2 OF 2 Hello