The URL can be used to link to this page

Browse Search

Home My WebLink About20213283.tiffRESOLUTION RE: APPROVE RELEASE OF CURRENTLY HELD WARRANTY COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR18-0029 - EXPEDITION WATER SOLUTIONS COLORADO, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated August 1, 2018, the Board approved the application of Front Range Dairy, LLC, 9743 County Road 16, Fort Lupton, Colorado 80621, c/o Expedition Water Solutions, 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0029, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot C of Recorded Exemption, RECX18-0029; being part of the SW1/4 of Section 22, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on July 10, 2019, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements for Expedition Water Solutions Colorado, LLC, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Expedition Water Solutions Colorado, LLC, with further terms and conditions being as stated in said agreement, and accepted project collateral in the form of Company Check #001741, drawn on Cadence Bank, N.A., 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, in the amount of $332,000.00, and WHEREAS, on December 23, 2019, upon recommendation of staff, the Board approved the release of project collateral in the form of Company Check #001741, drawn on Cadence Bank, N.A., 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, in the amount of $332,000.00, and accepted warranty collateral for improvements in the form of County Road Warranty Bond No. LPM9329945, from Fidelity and Deposit Company of Maryland, c/o Zurich American Insurance Company, Attn: Surety Claims, 1299 Zurich Way, Schaumburg, Illinois 60196-1056, in the amount of $49,800.00, and WHEREAS, the Board has been presented with replacement collateral procured in the form of County Road Warranty Bond #PB02238600055 issued by Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $49,800.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services and the County Attorney's Office recommend release of the currently held warranty collateral and acceptance of replacement collateral for improvements, and 4786323 Pages: 1 of 2 12/17/2021 02:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 CC. PL(TP/DA/srWKR/DA) 1/x/22 2021-3283 PL2566 RELEASE CURRENTLY HELD WARRANTY COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL (USR18-0029) - EXPEDITION WATER SOLUTIONS COLORADO, LLC PAGE 2 WHEREAS, upon recommendation of staff, the Board deems it advisable to release said currently held warranty collateral, in the amount of $49,800.00, and accept replacement collateral for improvements, in the form of County Road Warranty Bond #PB022386000055, issued by Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $49,800.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the currently held warranty collateral, in the amount of $49,800.00, be and hereby is, released, and replacement collateral for improvements, in the form of County Road Warranty Bond #PB02238600055, issued by Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004-0950, in the amount of $49,800.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said currently held warranty collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of November, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddth,,,) w JClto•(1 Weld County Clerk to the Board Cou ''ttorney Date of signature: 12/'f 121 4786323 Pages: 2 of 2 12/17/2021 02:55 PM R Fee:$0.00 Carly Koppes, Clekite ecorder, Weld County , CO 1Ill llAislini�'�4 !i'A!( iiinf yiNtiim lIIII 2021-3283 PL2566 /D-"(5,FY BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Release Held Warranty Collateral and Accept Replacement Collateral for: Expedition Water Solutions Colorado, LLC — USR18-0029 DEPARTMENT: Planning Services DATE: November 2, 2021 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problemlissue: The Department of Planning Services received a request from the applicant, Expedition Water Solutions Colorado, LLC, requesting that the Board of County Commissioners consider releasing the currently held warranty collateral in the amount of $49,800.00 for the Improvements and Road Maintenance Agreement for (USR18-0029) and accept replacement collateral procured in the form of Warranty Bond #PB02238600055 issued by Philadelphia Indemnity Insurance' Company, Weld County Planning Services and the County Attorney's Office have reviewed the above -mentioned signed original document and Collateral requirements and recommends this release of currently held collateral and acceptance of replacement collateral: What options exist for the Board? (include consequences, Impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld County Collateral List Expedition Water Solutions Colorado, LLC — USR18-0029 (PL2566, #2019-2618) Improvements and Road Maintenance Agreement Approved 7/10/2019 — Contract ID 2751 Company Check #001741, drawn on Cadence Bank, N.A. $332,000.00 Deposited 07119/2019 Released Collateral 12/23/2019 $332:000.08 (2019-5149) -Accepted warranty collateral — Warranty Bond No. LPM9329945, Issued by Fidelity and Deposit Company of Maryland $49,800.00 Recommendation: Option 2. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of this release of currently held collateral and acceptance of replacement collateral for USR18-0029, and that this item be placed on the next regularly scheduled BOCC Hearing,. as part of the Regular Agenda. Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Approve Schedule Recommendation Work Session Other/Comments: 2021-3283 PL a5CoG Karl For Fr gym: Sent: To: Subject: Attachments: Approve Mike Freeman Tuesday, November 2, 2021 12:52 PM Karla Ford Re: Please Reply - BOCC PA REVIEW - USR18-0029 — Expedition Water Solutions image002 jpg; irage001 jpg; Signed PA & Collateral Replacement USR18-0029.pdf Sent from my iPhone On Nov 2, 2021, at 1:28 PM, Karla Ford <kford@weldgov.com>wrote: Please advise if you approve recommendation. Thank you. Karla Ford x Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O, Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford(weldgpv.corn :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:OOa.m.-5:O0p.ma** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure, If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com> Sent: Tuesday, November 2, 2021 11:17 AM To: Cheryl Hoffman <choffman@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Karla Ford <kford@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Daniel Mesa <dmesa@weldgov.com> Subject: BOCC PA REVIEW - USR18-0029 — Expedition Water Solutions ATTACHED BOCC PA REVIEW Improvements Agreement: Release held Warranty Collateral and Accept Replacement Collateral Case/Applicant: USR1S-0029 — Expedition Water Solutions Colorado, LLC Please note: Regular Agenda Thanks Karla!! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1 Corporate: 2015 C!uhhouse Drive S' itn 701 Greeley, CO 80634 Expedition-Water.com I (970) 515 6950 October 12, 2021 Weld County Public Works Department 1111 H Street Greeley, Colorado 80632 (970) 304-6496 Re: Replacement for Performance Bond Dear Sir/Madam: Expedition Water Solutions Colorado, LLC currently has a Performance BOND (bond no. LPM9329945) on file with your office. Enclosed please find Philadelphia Indemnity Insurance Company bond (bond no. PB02238600055) which replaces and supersedes the Fidelity and Deposit Company of Maryland bond LPM9329945 you are currently holding. We request that you return the Fidelity and Deposit Company of Maryland bonds to our broker: Averi Stockton Account Manager Lockton Companies Surety Department 3657 Briarpark Drive, Suite 700 Houston, TX 77042 (713) 458-5352 Averi.stockton@lockton.com Please also include a letter on department letterhead explaining that the Fidelity and Deposit Company of Maryland bond is being returned for cancellation. Should you have any questions, please do not hesitate to contact me at (970) 515-6950. Thank you, im Goddard President Water ptu ions This bond replaces and supersed Deposit Company of Maryland bo effective September 28, 2021 Bond No. PB02238600055 County Road Warranty Bond KNOW ALL MEN BY THESE PRESENTS, That we, Expedition Water Solutions Colorado LLC, as Principal, and Philadelphia Indemnity Insurance Company, as Surety, are held firmly bound unto, Weld County Public Works Department, 1111 H Street, Greeley, CO 80632 as Obligee, in the penal sum of Forty Nine Thousand Eight Hundred and 00/100 Dollars $49,800.00; to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the said Principal has been issued a license or permit from Weld County for County Road 19. WHEREAS, a surety bond is required of said Principal to guarantee the proper restoration and replacement to the extent of actual damages caused by the Principal of the County's maintained, governed or owned; rights -of -way, or property to include roads, ditches, bridges and culverts that the Principal utilized. The Surety may at any time terminate its liability by giving thirty (30) days written notice to the Obligee, and the Surety shall not be liable for any default after such thirty day notice period, except for defaults occurring prior thereto. SIGNED, SEALED, AND DATED THIS 28th Day of September 2021. Expedition Water Solutions Colorado LLC Principal By Philadelp.. _. j:m' ity Ins , rance Company By Florence McClellan Attorney -In -Fact PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Robert F. Bobo, Florence McClellan, Kristin Darling, John A. Martinez and Stephanie Gunderson of Lockton Companies, LLC, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14`h of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) '0(04 . es. ,g,' Q�tieecy.%f 7'S `1, 44 y 4. J.y` s -• y . r' 2• • I : ?927 : • `J w • "CI w .J A 41 - i A } , v •• --.. ; 1 d• V ,`• 4elt it }• •' 4 ` t.4. 1 ..* c o at IA ° • Jobe Glomb, President & CEO Philadelphia Indemnity Insurance Company On this 5th day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Commonwealth of Pennsylvania - Notary Seal Vanessa Mckenzie, Notary Public Montgomery County My commission expires November 3, 2024 Commission number 1366394 Member. Pennsytva,:, Association of Notaries Notary Public: VC24,1-€.44,hcc. residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5`h day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 28th day of September , 2021 • le% ^ YJ . , p,. 192 7 F. r Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 January 19, 2022 Averi Stockton, Account Manager Lockton Companies Surety Department 3657 Briarpark Drive Ste 700 Houston, TX 77042 RE: Release County Road Warranty Bond #LPM9329945 — USR18-0029 — Expedition Water Solutions Colorado, LLC Dear Ms. Stockton: Enclosed please find the released County Road Warranty Bond and a copy of the Board of County Commissioner's Resolution, dated November 29, 2021, authorizing the release and cancellation of the County Road Warranty Bond #LPM9329945 held as warranty collateral in the amount of $49,800.00 for USR18-0029, Expedition Water Solutions Colorado, LLC. If you have any questions, please contact me at (970) 400-4227, or email choffman@weldgov.com. Very truly yours, heryl L. offman Deputy Clerk to the Bo Enclosure cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Tom Parko and Diana Aungst, Department of Planning Services Clerk to the Board File PL2566 CLERK TO THE BOARD 1150 O STREET 1\ PO BOX 758 GREELEY CO 80632-0758 i i i 7017 1,450 0000 9675 2224 Averi Stockton, Account Manager Lockton Companies Surety Department 3657 Briarpark Drive — Ste 700 Houston, TX 77042 AdisionissuraseSIIINSIMIS N �D O O O a rR rR EN- U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com ~. Certified Mail Fee AIM Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ 0 Certified Mail Restricted Delivery $ • Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Se S or PO Box No. • Postmark Here /9/ctoti -6SeAre2) -,ate, 7c9 PS Form 3800, April 2015 PSN 7530 -02 -000 -soap See Reverse for Instructions SHOW 3H1 01 3d013AN3 JO d01 lt/ H3N3ILS 30dld i I SENDER: COMPLETE THIS SECTION N Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. or I Ill�llifll�llllll II I I III I I III III 9590 9402 5390 9189 0172 39 2. Article Number (Transfer from service label) 70117 1450 0000 9675 2224 PS Form 3811, July 2015 PSN 7530-02-000-9053 I r COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? G Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Adult Signature 0 Adult Signature Restricted Delivery Certified Mail® O certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ured Mail ured Mail Restricted Delivery er $500) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt County Road Warranty Bond Bond No. LPM9329945 / J KNOW AL, MEN BY THESE PRESENTS, That we, Expedition Wafer Solutions Colorado LLC , as Principal, and Fidelity and Depo it Company of Maryland , as Surety, are held and firmly bound unto, Weld Coun Public Works Department, 1111 H S,. eet, Greeley, CO 80632 as Obligee, in the penal sum of Forty Nine Thou nd Eight Hundred and no/100 Dolls s ($49,800.00) to which payment well and truly to •e made we do bind ourselves, and e-.ch of our heirs, executors, administrators, successors a d assigns jointly and severally, firly by these presents. THE CONDITION OF THIS BLIGATION IS SUCH,Th, whereas, these: ml has been issued a license or permit frNm Weld County for Cou �O WHEREAS, a surety bond is equired of sa • Prinr". �Q � restoration and replacement to the ext t of actual, dam .,ec .010e�5 County's maintained, governed or own d; rig ditches, bridges and culverts that the Princi I;* �N" �.`' se told et\ o`N The Surety may at any time tern e� 0 � �e notice to the Obligee, and the Surety shao g , ,�ti,e• notice period, except for defaults occurr Nol \e Oe e r •r boa 'er _dads, _y (90) days written ,dIt after such ninety day SIGNED, SEALED, AND DATED THIS' 3 t,•S October 2019. rs Expedition Water So ► tions Colorado LLC Principal By 71)r, Fidelity and Deposit Com an Surety By Desiree E. Westmoreland, Attorney -in -Fat aryland ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, an AND DEPOSI ROBERT D. M which are set forth constitute, and appoi McKINNEY, Todd Al in -Fact, to make, execute, the execution of such bonds all intents and purposes, as if t INSURANCE COMPANY at CASUALTY AND SURETY CO DEPOSIT COMPANY OF MARYL COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the Y, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Law the reverse side hereof and are hereby certified to be in full force and effect on the date hereo Bret S. BURTON, Tim H. HEFFEL, Desiree E. WESTMORELAND, Timothy C RAMBO and Myriah A. VALDIVIA, all of Wichita, Kansas, EACH its true and al and deliver, for, and on its behalf as surety, and as its act and deed: any and all b r undertakings in pursuance of these presents, shall be as binding upon 'd Co y had been duly executed and acknowledged by the regularly elP office in New York, New York., the regularly electe - ANY at its office in Owings Mills, Maryland., and thr D at its office in Owings Mills, Maryland., in +' The said Vice President does hereby the By -Laws of said Companies, and is now force. kp e IN WITNESS WHEREOF, the said Vice- esident has hereur 4L O COI"- ZURICH AMERICAN INSURANCE COM NY, COI'�� FIDELITY AND DEPOSIT COMPANY OF MA YLAI` O O B7 Assistant Secretary Dawn E. Brown State of Maryland County of Baltimore On this 27th day of March, A.D. 019, before the subscriber, a Notary Public of the State of Maryland, duly corn MURRAY, Vice President, and D, E BROWN, Assistant Secretary, of the Companies, to me personally know described in and who executed - preceding instrument, and acknowledged the execution of same, and being by me dul he/she is the said officer of the Pompany aforesaid, and that the seals affixed to the preceding instrument are the Corporate Se the said Corporate Seals and e signature as such officer were duly affixed and subscribed to the said instrument by the autho Corporations. ertify that the extract set forth on tin�� \O N<' V settge - ter � t O' 02$ *CL. so'‘ 'a'te' P. oe,�v e aG,÷ • w the FIDELITY Companies"), by of said Companies, do hereby nominate, ig SMITH, David B. wful agent and Attorney- ds and undertakings, and panies, as fully and amply, to cpfs of the ZURICH AMERICAN the COLONIAL AMERICAN `facers of the FIDELITY AND 4rticle V, Section 8, of _ale Corporate Seals of the said 41) SURETY COMPANY, and ATTEST: d ZURICH AMERICAN INSURANCE COMPANY AMERICAN CASUALTY AND SURETY COMPANY Q+ r IDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President obert D. Murray IN TESTIMONY EREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 1 Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 `0 111,,,,1 sN'sti, ItA. 1t. ' ki • s, a. •), ) :�• 4i : „.." i>� 0 is late" �..l N•L•. 00"0C a•— Jai 1998 . egistteft{tuii,► O4 ssioned and qualified, ROBERT D. to be the individuals and officers worn, deposeth and saith, that of said Companies, and that ty and direction of the said POA-F 076-6692B EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or N': may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to exiar rd 1 recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may a" '- sOa attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke by Y � time." n- time." I, the un CASUALTY AN foregoing Power of the By -Laws of the C Ke CERTIFICATE t� �ONGe SR�rec5 _... ND cocoa rsigned, Vice President of the ZURICH OOO Go N OCoa �, �j` t Ci SURETY COMPANY, and the FIDEI t.e.p` Our y me is still in full force and effect t .% d r_00,11-11 ' tto y � g� panies is still in force. O{ data. This Power of Attorn: and Certificate may be signed by �. G`ec Directors of the ZURICH • RICAN INSURANCE COMPA, i 'Pt'ty ever •sident 'icies, such any ..oil 8, of _on • • ing resolution of the Board of _.a neld on t 15th day of December 1998. 0' RESOLVED: "That the sign.. re of the President or a Vice I r n.'and the attesting signature •f a Secretary or an Assistant Secretary and the Seal of the Company may be ffixed by facsimile on any Power of Attorney...Any such Po er or any certificate thereof bearing such facsimile signature and seal shall be val and binding on the Company." This Power of Attorney and Certificate i ay be signed by facsimile under and by aut . s rity of the following resolution of the Board of Directors of the COLONIAL AMERICAN C • UALTY AND SURETY COMPANY . a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the : s and of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of Ma , 1990. RESOLVED: "That the facsimile or mechanically .. roduced seal of the ompany and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of e Company, w ' - ther made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Compan shall be v id and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my a e and affixed the corporate seals of the said Companies, this 3/," day of Oo+rLotc- , 20 19 TO REPORT Brian LAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQU INFORMAT I N TO: Zurich Aerican Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 odges, Vice President • January 19, 2022 Jim Goddard, President c/o Expedition Water Solutions 2015 Clubhouse Drive, Ste 201 Greeley, CO 80634 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 RE: Release and Cancellation of Warranty Collateral — County Road Warranty Bond #LPM9329945 - $49,800.00 and Accept Replacement Warranty Collateral — County Road Warranty Bond #PB02238600055 - $49,800.00 - USR18-0029 R 18-0029 — Expedition Water Solutions Colorado, LLC Dear Mr. Goddard: Enclosed please find a copy of the Board of County Commissioner's Resolution, dated November 29, 2021, authorizing the release and cancellation of County Road Warranty Bond #ILPM9329945 held as warranty collateral in the amount of $49,800.00 through Fidelity and Deposit Company of Maryland to Ms. Averi Stockton, Account Manager at Lockton Companies Surety Department and accepting replacement warranty collateral in the form of County Road Warranty Bond #PB02238600055 in the amount of $49,800.00 through Philadelphia Indemnity Insurance Company. The original County Road Warranty Bond in the amount of $49,800.00 through Fidelity and Deposit Company of Maryland has been returned to Averi Stockton, Account Manager, Lockton Companies, Surety Department, 3657 Briarpark Drive, Suite 700, Houston, TX 77042, as per your request. If you have any questions, please contact me at (970) 400-4227, or email choffman@weldgov.com. Vy. truly yours, Cheryl L. Hoff Deputy Clerk to the Bard Enclosure cc: Dawn Anderson and Jazmyn Martinez, Department of Public Works Tom Parko and Diana Aungst, Department of Planning Services Clerk to the Board File PL2566 suoi4ana4su1 aol asaanaa eaS ier/b/// aa0H )1JEW1S0d sae j pue e6e;sod Je}ol Lt/06-000-Z0-0EGL NSd rs L0Z ('adbl `008£ wand Sd N I pue . • ebe4sod $ AJanllaa palouisaa einieu6!s llnPV ❑ $ pailnbaa ainieubls ilnPV $ tian!laa paloulsou IleW PewlJa0 U $ (aluoiloala) idlaoe i wnieu ❑ $ (Adoopieu) idleoeu wniaa (ajeudwdde se eaj ppe 'xoq ›payo) seed '8 seal/ues ealx3 $ ee j ,sew peW gae0 s,,;,cuoxsdsn%NMM je apsgann ano ps!A `uoijeuaaojui AJanipap and A/up Haw agsacuop 1dI932}J ®1IVW aaldllijo W1a3!Aa0S IBisod •S•fl CLERK TO THE BOARD 1150 O STREET PO BOX 758 GREELEY CO 80632-0758 I i i i 7017 1450 0000 9675 2217 Jim Goddard, President c/o Expedition Water Solutions 2015 Clubhouse Drive, Ste 201 Greeley, CO 80634 IN Mt MI MS MI MB WI MI MI IN w IS M a ===================== 3Nn 031100 IV 0103 'SS3800V N1-1nl3a JELL 30 'H91831-11 01 3d013AN3 30 dOl IV a3NOIIS 30Vid SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. isle Addr- -. to: rett eZatintaziet. gairi".34- III IIIIIIIIIIIIIIIIIIII 111111 9590 9402 5390 9189 0172 46 i aoi COMPLETE THIS SECTION ON DELIVERY A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No 3. Service Type O Adult Signature ❑ Adult Signature Restricted Delivery ;Certified Mail® ❑ Certified Mail Restricted Delivery O Collect on Delivery O Collect on Delivery Restricted Delivery :d Mail Kd Mail Restricted Delivery $500) 2. Article Number (Transfer from servirn Jahn!) 7017 145❑ 0000 9675 2217 ❑ Priority Mail Express® ❑ Registered MailTM O Registered Mail Restricted Delivery o Return Receipt for Merchandise o Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I 1 I 1 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach th:s card to the back of the mailpiece, or on the front if space permits. or r : _,dim 7°' 77otLikai;ICIIIII II IIIIIIIIIII 9590 9402 5390 9189 0172 39 COMPLETE THIS SECTION ON DELIVERY B. Rebeived b U\9\, Ci❑ Agent O Addressee Tinted Name) C. ate o Delivery 14 9u D. Is delivery address different from item 1? O Ye If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service label) 7017 1'450 0000 9:6?5' 222'4 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery Certified Mail® ❑ Certified Mail Restricted Delivery O Collect on Delivery ❑ Collect on Delivery Restricted Delivery ured Mail ured Mail Restricted Delivery er $500) ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt oVozsfroz eke -d -tact tteo(-PeTiate tc-cie- artic, 42 ‘,intic.c/2 Lite .6 yfaz) �t axe o/02t/o Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Cheryl Hoffman Wednesday, March 2, 2022 8:42 AM jgoddard@expedition-water.com; tpene@expedition-water.com Cheryl Hoffman Release of Currently Held Warranty Collateral and Accept Replacement Collateral for USR18-0029 - Expedition Water Solutions CO LLC 0995_001.pdf Good morning, Mr. Goddard and Mr. Pene, Attached please find the documents I sent certified mail to you, Mr. Goddard, but yesterday they were returned to me "Return to Sender Unc aimed Unable to Forward". Have a wonderful day! 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 64311111411Arik CLERK TO THE BOARD 1150 O STREET PO BOX 758 GREELEY CO 80632-0758 ECEIPT (JESTED 701? 1450 0000 9675 221? Jim Goddard, President c/o Expedition Water Solutions 2015 Clubhouse Drive, Ste 201 Greeley, CO 80634 1 I 4,.3 9`7 Pi? .45s .£ .7 063 2 >0 4 .r ' - ; otoUS tirPOSTAGELMEYBOWES +�"-r ss arLin.1• ZIP 80631 $ 007.5300241ry 0000335769JAN 20 2022 ttk -Pe NT XI Tr C: 3P 9 7 RETURN TO SENDER UNCLAIMED 8.0.6 3 2 .o ,7 5 .8 5 8 C} 1'�•. f Q Z. r!y!� .�6,. zi ci( 7 —, 7y Tr .. 1 "J i i' j "1,1'.1,1,9 j1.l sh"l l o i) ".I'1,1..1.1',.1.1.i1 e s a 1.1.9,E @n ®.tl'G'.D a, 1 9 Cheryl Hoffman From: Sent: To: Subject: Attachments: Jazmyn Trujillo Martinez Tuesday, November 2, 2021 11:17 AM Cheryl Hoffman; Dawn Anderson; Esther Gesick; Karla Ford; Tom Parko Jr.; Daniel Mesa BOCC PA REVIEW - USR18-0029 — Expedition Water Solutions Signed PA & Collateral Replacement USR18-0029.pdf ATTACHED BOCC PA REVIEW Improvements Agreement: Release held Warranty Collateral and Accept Replacement Collateral Case/Applicant: USR18-0029 — Expedition Water Solutions Colorado, LLC Please note: Regular Agenda Thanks Karla!! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1555 North 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 RESOLUTION RE: APPROVE RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR18-0029 - EXPEDITION WATER SOLUTIONS COLORADO, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated August 1, 2018, the Board approved the application of Front Range Dairy, LLC, 9743 CR 16, Fort Lupton, CO 80621, c/o Expedition Water Solutions, 2015 Clubhouse Drive, Suite 201, Greeley, CO 80634, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0029, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot C of Recorded Exemption, RECX18-0029; being part of the SW1/4 of Section 22, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on July 10, 2019, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements for Expedition Water Solutions Colorado, LLC, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Expedition Water Solutions Colorado, LLC with terms and conditions being as stated in said agreement, and accepted project collateral in the form of a Company Check #001741, drawn on the Cadence Bank, N.A., 2O15 Clubhouse Drive, Suite 201, Greeley, CO 80634, in the amount of $332,000.00, and WHEREAS, the Board has been presented with County Road Warranty Bond No. LPM9329945, from Fidelity and Deposit Company of Maryland, do Zurich American Insurance Company, Attn: Surety Claims, 1299 Zurich Way, Schaumburg, IL 60196-1056, in the amount of $49,800.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend release of said project collateral and acceptance of warranty collateral for the aforementioned off -site improvements, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said project collateral, in the amount of $332,000.00, and accept warranty collateral for off -site improvements in the form of County Road Warranty Bond No. LPM9329945, from Fidelity and Deposit Company of Maryland, c/o Zurich American Insurance Company, Attn: Surety Claims, 1299 Zurich Way, Schaumburg, IL 60196-1056, in the amount of $49,800.00. 4558158 Paellas 1 of 2 Carly KKap2spa ,•Cler a d Alieaardi , Weld County, CO lib I PIIN I I4ilNM Vti0k1CLI Allikol adIA li i 1i ii i cG Pw(T3(OG I SR ICI -1) °t/O 19O 2019-5149 PL2566 RELEASE PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR OFF -SITE IMPROVEMENTS - EXPEDITION WATER SOLUTIONS COLORADO, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the project collateral, in the amount of $332,000.00, be and hereby is, released, and warranty collateral for off -site improvements, in the form of County Road Warranty Bond No. LPM9329945, from Fidelity and Deposit Company of Maryland, c/o Zurich American Insurance Company, Attn: Surety Claims, 1299 Zurich Way, Schaumburg, IL 60196-1056, in the amount of $49,800.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said project collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLS ' ' DO ATTEST: dettv 4f1404 Weld County Clerk to the Board arbara Kirkmeyer, hair Mike Freeman, Pro-Tem BY: APP ounty orney Steve Moreno Date of signature: Ot /o2/rte 45!16155 Paps: 2 of 2 01/07/2020 02:06 a and PM ,comer, Wi d camty, w Ili IliA ti l+�r�I17/6Y14 Bill 2019-5149 PL2566 C1.700.24.* -* 3ato(o BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular Agenda REQUEST RE: BOCC Agenda Item —Reduce Project Collateral to Warranty Collateral For: Expedition Water Solutions Colorado, LLC — USRl8-0029 DEPARTMENT: Public Work, . DATE: October 30, 2019 PERSON REQUESTING: 12jahmukoza Brief description of the Kafue: The Department of Public Works received a request from Todd Pena, on behalf of Expedition Water Solutions Colorado, LW, requesting that the Board of County Commissioners release the currently held project collateral of $332,000.00, for improvements related to USR18-0029, and reduce it to warranty collateral. Warranty collateral in the amount of S49,800.00 is required to be held for the duration of the warranty period. We request the Board approve a cash release from the trust fund in the amount of $332,000.00, and accept warranty collateral in the amount of $49.800.00, procured in the form of Bond No. LPM9329945. Weld County Public Works and Planning Department performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit A, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document #2019-2618, have been completed and are found to be acceptable. Bob Choate/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and recommends this release of project collateral and acceptance of warranty collateral. What options exist for the Board? 1. Have this BOCC Hearing item be placed es the next available agenda as part of the Regular Agenda. Weld County Coflatafai List Expedition Water Solutions Colorado, LLC — USR1&0029 (P1.2566, 02010-2618) Improvements and Road Maintenance Agreement Approved 7/10/2019 — Contract ID 2751 Company Check 1001741, drawn on Cadence Bank, N.A. $332,000.00 Deposited 07119/2019 Recommendation: The Departments of Public Works, Planning Services and the County Attorney's Office are recommending the release of project collateral and acceptance of warranty collateral for Expedition Water Solutions Colorado LW — USR 160029, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Schedule as Regular OtherlComments: Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara Kirkmeyer, Chair Steve Moreno 193 2019-5149 PL o'15C,G Bond No. LPM9329945 County Road Warranty Bond KNOW ALL MEN BY THESE PRESENTS, That we, Expedition Water Solutions Colorado LLC , as Principal, and Fidelity and Deposit Company of Maryland , as Surety, are held and firmly bound unto, Weld County Public Works Department, 1111 H Street, Greeley, CO 80632 as Obligee, in the penal sum of Forty Nine Thousand Eight Hundred and no/100 Dollars 049.800.00) to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the said Principal has been issued a license or permit from Weld County for County Road 19. WHEREAS, a surety bond is required of said Principal to guarantee the proper restoration and replacement to the extent of actual damages caused by the Principal of the County's maintained, governed or owned; rights -of -way, or property to include roads, ditches, bridges and culverts that the Principal utilized. The Surety may at any time terminate its liability by giving thirty (90) days written notice to the Obligee, and the Surety shall not be liable for any default after such ninety day notice period, except for defaults occurring prior thereto. SIGNED, SEALED, AND DATED THIS 31st Day of October 2019. Expedition Water Solutions Colorado LLC Principal By Fidelity and Deposit Company of Maryland Surety By _ (, �(--1�� Desir E. Westmoreland, Attorney -in -Fact ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by ROBERT D. MURRAY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Bret S. BURTON, Tim H. HEFFEL, Desiree E. WESTMORELAND, Timothy Craig SMITH, David B. McKINNEY, Todd Alan RAMBO and Myriah A. VALDIVIA, all of Wichita, Kansas, EACH its true and lawful agent and Attorney - in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fatly and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of March, A.D. 2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND r' K(I. :Z Assistant Secretary Dawn E. Brawn Robert D. Murray Vice President State of Maryland County of Baltimore On this 27th day of March, AD. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, ROBERT D. MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of sane, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the scale affixed to the preceding instrument are the Corporate Seals of said Companies, and that thc said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instnrment by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A, Dunn, Notary Public My Commission Expires: July 9, 2019 POA-F 076-6692B EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-iv-Fael. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seat thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TES IMOjjY WHEREOF, I hove he unto subscribed my name and affixed the corporate seals of the said Companies, this3/P" day of VOW, Lc- ,20! . Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 From: Trace. To: Ilaimatinzaa Subject; EWS #6 USR18-0029, Ready for Release to Warranty Date: Wednesday, October 30, 2019 12:28:42 PM Tisa, Expedition Water Solutions Colorado, LLC USR18-0029 can be released down to warranty. Josh sent an update confirming acceptance of the as -built plans and stabilization within the County ROW has been achieved. All submittals have been received and inspections have occurred. Thank you. Trace Anderson Development Review Public Works 1111 H Street Greeley, CO 80634 tondersont'we/dgov.com tandercnn@enweldro.:� Mobile: 970.397.4515 Office: 970.400.3714 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Cheryl Hoffman From: Sent To: Subject: Attachments: Tisa Juanicorena Friday, November 15, 2019 1:03 PM Cheryl Hoffman; Dawn Anderson; Elizabeth Relford; Esther Gesick; Jay McDonald; Karla Ford; Trace Anderson BOCC PA REVIEW Release to Warranty USR18-0029 EWS CO USR18-0029 Signed PA Release to Warranty.pdf ATTACHED BOCC PA REVIEW Improvements Agreement: Release to Warranty Case/Applicant: USR18-0029 Expedition Water Solutions Colorado, LLC Please note: Release to Warranty will require a Resolution and presentation date on regular agenda following PA approval and onbase routing. Thanks Cheryl!! Tisa Juanicareaa Development Review Public Works 1111 H Street Greeley, CO 80634 tluonicorenogDweldgov.corn tivankorertatkaweld.co.us tel: 970.400.3778 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return 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. Contract Form New Contract Request Entity Information Entity Name* Entity ID* EXPEDITION WATER SOLUTIONS. LLC @00035538 Contract Name* RELEASE IA TO WARRANTY USR18-0029 Contract Status CTB REVIEW ❑ New Entity? Contract ID Parent Contract ID 3266 Contract Lead* Requires Board Approval TJUANICORENA YES Contract Lead Email Department Project # tjuanicorena@co weld co us Contract Description • RELEASE IA PROJECT COLLATERAL TO WARRANTY USR18-0029 Contract Description 2 Contract Type* AGREEMENT Amount* 549,800 00 Renewable• NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov com Department Head Email CM-PublicWorks- DeptHead@weldgov corn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELD GOV COM Requested BOCC Agenda Date* 12/09/2019 Due Date 12/05/2019 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 12/30/2020 Termination Notice Period Committed Delivery Date Expiration Date* 12/29/2021 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Departnwnt Head Finance Approver Legal Counsel JAY MCDONALD BARB CONNOLLY BOB CHOATE DH Approved Date Finance Approved Date Legal Counsel Approved Date 12/03/2019 12/04/2019 12/04/2019 Final Approval BOCC Approved 6OCC Signed Date BOCC Agenda Date Originator TJUMACORENA Tyler Ref i Submit RESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR18-0028 - EXPEDITION WATER SOLUTIONS COLORADO, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on August 1, 2018, the Weld County Board of Commissioners approved the application of Front Range Dairy, LLC, 9743 CR 16, Fort Lupton, CO 80621, do Expedition Water Solutions Colorado, LLC, 2015 Clubhouse Drive, Suite 201, Greeley, CO 80834, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0029, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot C of Recorded Exemption, RECX18-0029; being part of the SW1/4 of Section 22, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Expedition Water Solutions Colorado, LLC, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Company Check #001741, drawn on Cadence Bank, N.A., in the amount of $332,000.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Company Check #001741 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 Expedition Water Solutions Colorado, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED that Company Check #001741, drawn on Cadence Bank, N.A., in the amount of $332,000.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CTS(CH$,P C7J/ER /Ci•t).fiLcnaflcR) ,(Pia) 817/,9 2019-2618 PL2566 IMPROVEMENTS AGREEMENT - EXPEDITION WATER SOLUTIONS COLORADO, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Cjt'AKJto%41 Weld County Clerk to the Board Barbara Kirk meyer, hair h ICA- t1L.. Mike a Freeman, Pro -Tern BY can P. APPROVED County orney '�► rI `"� / " "' Steve Moreno Date of signature: 2019-2618 PL2566 HOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: Expedition Water Solutions Colorado, LLC - USRI8-0029 DEPARTMENT: Public Worle DATE: May 21, 2019 PERSON REQUESTING: Tisa Juanicorena Brief description of the issue: The Department of Public Works received a request front the applicant, Expedition Water Solutions Colorado, LLC, requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for (USR18-0029). Collateral is required with this agreement and will be presented to the Board. 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 According To Policy Regarding Collateral For Improvements", are found to be acceptable. • This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for USRI 8-0029, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. doom Ubstuluilisador Bssammosisiga eigraftringlitm Quartrammom Sean P. Conway Mike Freeman, Pro -Tern Scott K. James Barbara Kirkmeyer, Chair Steve Moreno 07/10 c -c'. Mg TJ/£P), PLC Oa/ KR) 087071 G (Ad) 711//1 pa5CaCs' p IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Expedition Water Solutions Colorado, LLC — USRI 8-0029 THIS AGREEMENT is made this / 71.. day of /WK. , 201(1, by and between Expedition Water Solutions Colorado, LLC, 2015 Clubhouse Drive, Suite 201, Greeley, CO 80634, a corporation organized under the laws of the State of Colorado, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 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 Recorded Exemption, RECX 18-0029; being part of the SW l/4 of Section 22, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of USRI8-0029, and WHEREAS, Property Owner acknowledges that the final approval of USRI8-0029 is conditional upon Property Owner's funding and/or construction of the oli-site improvements and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A -1 — Off -Site Costs of Construction, Exhibit B-1 — Off -Site Construction Schedule, Exhibit A-2 — Future Improvements Costs of Construction (to be attached per section B.3.0), Exhibit B-2 — Future Improvements Construction Schedule Triggers (to be attached per section B.4.0), Exhibit C — Construction Plans, Exhibit D — Plat Map (recorded simultaneously with this Agreement), and WHEREAS, Property Owner acknowledges they may not operate as described in USRI8-0029 until said improvements have been completed and accepted by County, and WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Section 23-2-290, the failure to commence construction of the improvements outlined herein within three (3) years of the approval of USR 18-0029 may result in the revocation or suspension of USRI 8-0029, upon consideration and order of the Board of County Commissioners, and WHEREAS, the parties agree that the Property Owner shall provide collateral for off -site improvements required by this Agreement when the Board of County Commissioners approves this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: 4!!813i! Psgss: 1 of 17 07/17/1'119 03:12 M R F,.:$8.00 lorado.LLC-USRl8-0029,fA Q n Carty Kroop a. Ciao* and ,aoorder, Watt County, COy I oad3 i 9�a�p� 0 viii li�� g ar I%IO � 11 Ii 11 N� PART I: SITE SPECIFIC PROVISIONS A. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible for the construction of certain off -site safety improvements identified in the USR hearing Resolution, which may include, but arc not limited to: construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend into county road ROW connecting to the county road system, and off -site drainage and signage installations, as indicated on the accepted Exhibits. On -Site improvements that create more run-off than the historical amount may require off -site drainage improvements to roads and ROW. Any approved access point(s) improvements will include standard County approved tracking control, and may include a double cattle guard set (one right after the other), placed back to back across the entire width of the access, to ensure a complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent County road. Additional Off -Site Improvements to be constructed prior to operation are: 1) Design and construct a left deceleration lane on CR 19 Additional Stipulations per the BOCC Hearing: I) Annual review of the Intersection of CR 19 and HWY 52 2) Haul Route may not include CR 18 1.0 Road Improvements Responsibilities. Property Owner is solely responsible for all the off -site designated improvements. These responsibilities may include but are not limited to the following: design, surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities, and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE. and other federal, state, or county regulatory agencies. 2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) as identified in Exhibit A-1 detail the costs used in determining the collateral requirement for the off -site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cost exhibit on Exhibit A -l. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 3,0 Construction Schedule Exhibit. Exhibit B-1 is provided by the Property Owner indicating the construction schedule for all off -site improvements, including an anticipated completion date. Property Owner shall not commence construction of any improvements, record plat, or receive any permitting prior to approval of the of this Agreement, the attached Exhibit C, receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B -1 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 4.0 Off -site Improvements Collateral. As required, collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. 5.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built 4MEi.1N Peps: 2 of " 17N Carly Kohn, Clank and Recoleden, Mold Goody. CO W III � IrfYl�trYli1�ti11R111IfAft [1f8�1iilYli ■Iri,I III foredo, LLC - USR18-0029, to of 13 drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. B. Future Off -Site Imorovements: I.0 Traffic Triggers. When the Property's traffic reaches certain safety' thresholds as set forth in this agreement, the Property Owner shall design and construct certain road improvements based on the amount of traffic being generated by the site. Property Owner's development may not currently meet the traffic safety triggers requiring the improvements specified below. However. future off -site or phased improvements may be warranted in the future. Property Owner is required to design. obtain right-of-way, relocate utilities, and construct said auxiliary lanes into their site when all traffic to/from the Property meets the following traffic triggers: I) Property Owner shall design and construct a right deceleration/turn lane on CR 19 whenever traffic exceeds 25 VPH turning right into the Property for an average daily peak hour. 2) Property Owner shall design and construct a right acceleration lane on CR 19 whenever traffic exceeds 50 VPH turning right out of the Property for an average daily peak hour. 3) Property Owner shall design and construct a left acceleration lane on CR 19 whenever such a lane would be a benefit to the safety and operation of the roadway. The County, in its sole discretion, shall determine if a left acceleration lane is required. 2.0 Property Owner's Responsibilities when Future Triggers are Met. Property Owner is solely responsible for all designated improvements and their cost. These responsibilities include but are not limited to the following, as applicable: design, surveys, utility locates, acquisition of ROW, if necessary. dedication of ROW. if necessary. ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA. CDOT, CDPHE, and other federal, State, or County regulatory agencies. 3.0 Cost of Construction Exhibit. When the trigger is met the Property Owner shall submit Exhibit A-2 within six (6) months of being notified regarding the need for the triggered improvements, indicating the cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral requirement for the development. Construction costs must be obtained through a registered Colorado Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that have project collateral. New or additional collateral may be required for the triggered improvements. if required, collateral shall be submitted at the same time as Exhibit A-2. Exhibit A-2 shall be attached to this Agreement and incorporated herein once approved by the County. 4.0 Construction Schedule Exhibit. When the trigger is met the Property Owner shall submit Exhibit 8-2 within six (6) months of being notified regarding the need for the triggered improvements, indicating the construction schedule, including completion date for the improvements. Property owner shall not commence construction of improvements prior to approval of the Construction Plans and receipt of the appropriate Grading Permit. Access Permit, and/or ROW Permit. Property Owner shall complete all improvements in accordance with the construction schedule exhibit. The construction of the triggered improvements shall he completed within the specified timeframe, which may not exceed three (3) years from the date the trigger is first met. Year I design deadline; Year 2 ROW/Utilities; Year 3 Construction. Property Owner shall collateralize 100% of the cost of the construction improvements, including design, right-of-way, and utility relocation cost within six months of being notified of meeting the triggers. Exhibit B-2 shall be attached to this Agreement and incorporated herein once approved by the County. 451130 Pages: 3 of 17 07/17/2010 0312 PM R FN:$0.00 Cart, Kamm, Clerk and R000rdsr, Nolo County. CO SIN '�f �t i'hIVKh+iClWhi�l�J�l �'�J*IAIWA II III lorado. LLC • USR18-0029, IA of 13 5.0 Collateral, Collateral for any additional improvements required by the triggers may be required by the BOCC. Collateral.is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. 6.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped. signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. C. Haul Routes: The Property Owner shall be financially responsible for its proportional share of the County's costs associated with maintaining and/or improving designated haul/travel routes. As stipulated by the BOCC, CR 18 may not be utilized as a part of the associated haul routes. 1.0 Haul Route;;. The following roads are designated as haul/travel routes for the Property: I ) North and South on CR 19 2.0 Haul trucks/traffic shall enter and exit the site at the approved access(es) on CR 19 and travel north -south for further dispersal. Any County roads used by traffic associated with USR18-0029 may become part of the established haul/travel routes. 3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle and axle configurations unless overweight permits have been applied for and granted. 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above -mentioned haul/travel route for a limited period (six months or less). Weld County Public Works may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months or requests for one (I) or more deviations within a 12 -month period shall authorize the County to change the haul/travel routes designated herein, and provide notice to the Property Owner. 5.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved travel routes. 6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this Agreement, no use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. D. Maintenance Requirements: 1.0 Off -site recurring maintenance, if applicable, as required by the Board. 2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust control on unpaved designated haul/travel routes after commencement of operation and during construction periods. The amount and extent of dust control will be determined by site -specific conditions at the time, as determined exclusively by County personnel. Dust abatement along the relevant haul/travel routes is expected to occur approximately two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per Section 8.6-100 of the Weld County Code. 45811131! Pages: 4 of 17 t17/I7/2aE• N:OR PR R FN:q,N Cant, Kowa. aa, Clerk and R.aardsrr,,�MMey�ldgCounty. COy -` IR'MitLAPOl�M(liliO flitaN lflsk l ii i -ado, [IC - USR 18-0029, to f 13 2.1 Dust Control During Construction. If necessary. as determined by the County, the Property Owner shall cause to be performed within 30 days of notification, at its sole expense, dust control by a contractor approved by Weld County Public Works during the construction period of the development. 3.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation, patching, and pavement repair on designated haul/travel routes. The amount and extent of repair and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 4.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County 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 Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). 5.0 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul/travel route road portion will require paving measures in order to protect the public health, safety, and welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off -Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site Improvements/Repairs shall he undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off - Site Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility for the completion of the repairs and/or improvements on or before December 15 of the year following County's notice of the need for repairs. 5.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those proportional share costs. 6.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportional share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within 30 days of receiving an invoice from County. 7.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of the annual inspection, County, in its sole discretion. shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction 45011319 Pates: 5 of 17 17Carly K0000me,�Clerrk amend RRaoarrddsr, a Canty, CO PIIIlinfl11 elA11411MlMPI A WAIN II HI torado, LLC - CSR 18-0029, IA iof13 season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data become available. 8.0 Notification. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. PART H: GENERAL PROVISIONS A. Engineering and Construction Requirements: 1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering services in connection with the design and construction of the off -site improvements and all on -site drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, identified on the accepted Construction Plans according to the construction schedule set forth in the construction schedule exhibits. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to: surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 2.0 Rights -of -Way and Easements. Before commencing the construction of any off -site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense. good and sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and casements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction, Property Owner shall furnish and install, at its own expense, the improvements (and any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits. The Board of County Commissioners, at its option, may grant an extension of the time of' completion set forth in construction schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work at Property 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. 49$ NIPS; E of 11 Carty KK ,1/2410 lClarrk s:02aid R orddor, Wald County, CO raCh'14 I II rado, LLC - USR 18.0029, IA )1 13 5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Guidelines. 6.0 Traffic Control. Prior to any construction in County andtor State ROW. and as a condition of issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then -current version of the Manual of Uniform Traffic Control Devices. B. Collateral: 1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement: ( I ) Project Collateral is required for completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period. Collateral acceptance and release is governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHAI.I, COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. I.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to I5%of Project Collateral. In the event that Property Owner fails to adequately complete or repair improvements during the warranty period. County may, in its sole discretion, access Warranty Collateral for the purpose of completing such improvements. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit. subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site improvements, and the Department of Public Works conducts inspections for off -site improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County from and at the time of release of Project Collateral, or may be submitted separately by Property Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period. Road Maintenance Collateral may be withheld from and at the time of release of Warranty Collateral, or may be submitted separately by Property Owner. 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a portion of the project, the Property Owner must present a Statement of 45e13111 Peso: 7 of 17 Carly7lKopp's �Clerrk 1:92 MI400rda , al County. CO �I� III�i�Mh'Il��'�'41IHI�GIP�b3kk�Yl II III nado, LL.C - USR IS -0029. IA of13 Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 3.3 County's Response to Request for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement. Upon approval, the Board of County Commissioners may release said collateral. C. Acceptance or Improvements: 1.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact the Weld County Department of Public Works and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. 2.0 Inspection, Approval, and Acceptance Process: 2.l Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Public Works a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built" drawings as required in B.3.2.3, above, and shall request County inspection of the Off -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public Works personnel shall. upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies arc discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel finds that the 45.1131111 03:12 Pages: III of 17 $7early doom., clerk SM denoordder, Meld County, CO �gI�M1�1R��W►'I'+l'11rj�41�0ir�IES1Y�l�.li#IYvll Ii III ado, LLC - USR IS -0029, IA I- 13 improvements are constructed according to County standards, he or she shall approve the improvements. Such final approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 2.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed by the County, portions of the improvements may be placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit, and may continue to issue building permits so long as the progress of work on the improvements is satisfactory' to the County, and all terms of this Agreement have been faithfully kept by Property Owner. P. Access and Right-of-Wav Permits: 1.0 Access Permits. Property Owner shall not use any access onto any County road unless and until an access permit has been issued by the Department of Public Works. Public Works may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article V of Chapter 12 of the Weld County Code. 2.0 Right-ofWay (ROW) Permits. Per Article IV of Chapter 12 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. E. Enforcement and Remedies: 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. 2.2. Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits. septic permits, or any other permit issued by any department of the County. 2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action 45013119 ragas 0 of 17 Carly 7'ttoowS 2011 �Clrk wid Rwords , Meld Canty, CO SINIW�1r�4141�'MNJMI�?w�� cl�N�1I41f1'��Ik+�II�1 III rado, LLC- USRI&0024, fA f113 or order shall be necessary to access collateral for the purpose of completing improvements as described above. 2.4 Revocation of USR Permit. Property Owner acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the USR. and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code. 3.0 events: Termination of Agreement. This Agreement shall terminate upon the earliest of the following 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code Section 23-2-290, However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. 3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Properly Owner's complete cessation of all activities permitted by the USR including any clean up or restoration required. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination. Unless informed in writing by the Property Owner of cessation of activities, and verified by the County, cessation shall only be presumed if the County determines that the USR has been inactive for three (3) years. Property Owner shall not be entitled to a release of Project or Warranty Collateral unless and until the improvements required by this Agreement are completed. 3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement with a new property owner or operator who has purchased the Property or has assumed the operation of the business permitted by the USR, and intends to make use of the rights and privileges available to it through the then existing USR. 3.4 Revocation of USR. This Agreement shall terminate following County's revocation of Property Owner's USR, except that the Property Owner shall only be released from this Agreement after the successful completion of all improvements required under this Agreement. which may be completed by County after accessing Property Owner's collateral if Property Owner fails to complete such improvements. F. General Provisions: 1.0 Successors and Assigns. 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case. Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 4505309 7 S7/1742011 63:82 N = I 1Fs 0 $I N Carly Kos►n, CIsrk u+d lsoordsr, Meld County, CO LPrdilitiNhillIWIIVAVALMItilli II III to, LLC - USR18-0029, IA I3 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Board of County Commissioners of Weld County- Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 6.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto. shall he applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 7.0 Attorneys' Fees/Legal Costs. in the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 8.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 9.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null aral void. I0.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's 451$3$S Parses: 11 of 17 07/17/2810 03:112 PM Ps��w Weld County, CO Carly Koppel, Clara and BM PPM IMII JAI f INC1 4riVil "Ill 'oloradu, LLC • USRI8.0029, IA HO11 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 teens. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 11.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 12.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. 4511311 Papa: 12 of 17 07/17/2010 a3Z 02 Carly Oasame, and mod. Wald County, Co IllIMIIIRIFIWNINITlitaPPrailtilki11 II Expedition Water Solutions Colorado, LLC - USR18-0029, IA Page 12of13 PROPERTY OWNER: Expedition Water Solutions Colorado. LLC By: Name: 1A/ el Date: 5Z/ f ? Title: STATE OF COLORADO SS. County of Weld The foregoing instrument was acknowledged before me this jLiday of fiiet 20l g, by ` e fri C odell,V L WITNESS my hand and official seal. JENNIFER CHERE GODDARD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144036863 MY COMMISMON EXPIRES SEPTEMBER IS. 2022 e +? tie, iso `Rail f ec,e2 WELD COUNTY: ATTEST. '1.duW/ ..1Lp.11 Weld + t . le r _o the B, . d BY: Deputy C ; to the M3003$$ Passer 13 of 17 07/17/2010 03:02 Pfl R Fa:=0.00 Carly ICaosnys, Clark and R000rdor. Bold County, CO �NKirli4,1 1 % UMMilk II III ROARD OF COUNTY COMMISSIONERS WI D COUNTY, COL RADO arbara Klrkmeyer, C air `JUL 1a2019 Expedition Water Solutions Colorado, LI.C - USR 18-0029, IA Page 13 or 13 a2oi9- .26/F EXHIBIT A-1 - Cost Sheet (OFF -SITE) Name o 'natty: WCR 19 Widening Personnel Contact: Name Aaron Milts Ftiop/Case 5: Lvaadlq to be (et.* bowed me souk it & Aa Urner k Location: WCR 19 Between 18 & 20 Title: President / TLM Const Phone: 970..345-8373 Improvements (Leave spaces blank where they do not apply) (OFF -SITE) gropptitr a unit Costs rs) ExhumedCaastruetioo Cost (S) .[PUBLIC WORKS.[ Survey, Street Monuments/Boxes Street Grading 4256 CY 11.70 49,795.20 Street Base 3000 SY 13.20 39,600.00 Street Paving 2915 SY 34.71 101,179.65 Pavement Marking 3564 SF 4.51 18.073.64 Curbs, Gutters, and Culverts Sidewalk Entrance/Access Improvements Road Culvert 20 LF 188.00 3,760.00 Dust Control (per Sec. E.-7.5.2) Road Millet. Collateral (per Sec. E.-7.5) Traffic Control 45 DAY 684.27 30,792.15 [PLANNING SERVICES, Fire Hydrants Site Grading Retention / Detention Ponds Stormwater/Drainage Facilities Erosion Control Measures/BMP's 1540 LF 3.84 5,913.60 Grass Lined Swale Subsurface Drainage Ditch Improvements Parking Area, Curb Stops, Bus Kiosks, Mailboxes Street Lighting Street Names Sign age Fencing Requirements Landscaping, Seeding, Trees, etc. 1.25 ACRE 7,300.00 9,125.00 Park Improvements Handicap Accessibility, Parking & Rails Lower Phone Line 2100 LF 6.20 13,020.00 [Health Department!, Septic Systems SIMR-TOTAL; 269,259.24 (Testing, inspection, as -built plans and work in addition to preliminary sad Engineering and Supervision Costs (S) tiaalldatt supervision a/actual construction by contractors) 7,742.21 40003N hoes: 14 of 17 Car KKoopp's,gClarrk and PR Raoordar„Mid County, Ca PAMw lMIIihkintiMOIlki I III AND SUPERVISION (S) 277-001.45 EXHIBIT A-1 - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conrorttamce with this provision shall be determined solely by Weld County. or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit A By: Applicant 't Title By: Applicant Title 45553M Pages; 15 .f 17 caariy7 i.eci a .anna R0000r� el county, CO /Ib t> 1411 irt�IWKa �s i I'll Date i1/y -I .20 r7 Date 20 EXHIBIT B -I - Time Schedule (OFF -SITE) Name of Subdivision, PUD. USR, RE, SPR: Filing/Case 0: Location: Intending eo he kgally bound, the vadenigned AppticgoI hereby ogreo to peon* tarnoghorer rhi, J ellity the following dnonwooeots Al impmvsmsnts shall be completed within _years from the date of approval of the final plat Consbnucfion of the bnpmwmant. listed in Exhibit A -I shall be eompNpd a banana: improvements (Leave spaces blank where they do not apply ) Time Schedule JOFF-SITE) IPUBLIC WORKS! Survey, Street Monuments/Boxes 2 Days Street Grading 10 Days Street Base 4 Days street Paving 3 Days Pavement Marking 2 Days Entrance/Access Improvements Road Culvert 1 Day Sidewalks, Curbs, Gutters, and Culverts (OFF -SITE) Dust Control (per Sec. E.-7.5.2) Road Maint. Collateral (per Sec. E.-7.5) !PLANNING SERVICES j Sidewalks, Curbs, Gutters, and Culverts (ON -SITE) Fire Hydrants Site Grading Retention / Detention Ponds Stornrwater/Drainage Facilities Erosion Control Measures/BMP's 2 Days Grass Lined Swale Subsurface Drainage Ditch Improvements Parking Area, Curb Stops, Bus Kiosks, Mailhnxec Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. 2 Days Park Improvements Handicap Accessibility, Parking & Rails Lower Phone Line 3 Days !Health Department! Septic Systems Find Comdelioa Date for Wire Proitei 45883.11 Pages: 1$ of 17 17/17/2119 Kopper. SI� amend R ordeVo d County, CO IUIIIffintiki lINIl VIVI1114!{,01CMe+I v IIIII EXHIBIT B-1 - 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: Apfieart . Title fly: Applicant Title 439 Pages: 17 of 17 17/17/2131 03:12 PM P Foo:t$E,N Carly &woof, Clerk ono Rewarder. Weld Canty. CO AIM I��II'�ZI��VM�IiIlN��:IM,wP�r,IMrl�l 1101 Mate.2 Date . 20 4422396 08/101201812:18 PM Total Pages: 1 Rec Fee: $13.00 Doc Fee. $43.50 Carly Koppes - Clerk and Recorder, Weld County, CO nMmiAmm�na Special Warranty Deed (Pmsuantb 38-30-115 C.R.S.) TijIS DEED. made an Argot II, 2018 by FRONT RANGE DAIRY. LLC, A COLORADO LOAM LIABILITY CIEWVOW Grateat(a). of iie Control WELD aid St= of COLORADO for die aootldmatlm of ($435,1101.00). w Four HimBrad Flueibwtoandand am "' &Hos In hand paid, beebyaeDi awl conveys n EXPEDITION WATER SOLVTDON S ADOLLC.ADELAWARE mannn COMPANY Gattee(s),whose atteetkittenisMOO STATION ST8 575 IONE1Rt3 . CO U0171. Coo= of tats . and State of COLORADO, die following a aL point is die Ooonty of Wd4, and State of Womb. b wit: Siena Datay Fee Dote Amon M, 2tl8 $43.50 LOT f RECORDED EXIMIPTION 10].1711-J243 RED ACCORDING TU MAF RECORDED AUGUST 1, 211$ AT ND. 4118711, BERM AMAZON OF TM WiR OF 18CI1ON O. TOWNSOIP 2 NORa17, RAN(M O WEST OF TAE IMP JM.,COUNTYOF WELD, STAIR OF COLORADO. AND MEWING UNTO GRANTOR TOM OF THE OWNED OIL, CAS AND MINERAL RIGHTS. alto him by greet sod amber al: I000NIY ROAD 10 FORT LUFION CO final with appmeostr ea aid warse a die tide againstall mowt mowclaiming under Re G(a). su41�m t was Jet' darns2018ilia dmtespaeyfeExotpdantimcreedby reference tomolded alaaonvts refi mdiadmISMDocumensawedby CTarene(s)irtaaoortiaeoswidt Bawd 71deMawr (Soudan t922)girdle Contracts° Bey and selIArai Esiate zelto6A athe above descalted real ptsperty; dstribution allay asetants, &dubs! odic TVX Moo tisocifiertify titsolbed *Int of died penes not shown ydivulNence* ofolide Glomslee(s) icaldbb* iowledsadwiitiwasarmedOrante(s)in monks= with Off pAeird Tide NM= (action S,3)andGores Skov biiew(Sonion9)afdteCarron toSpand WI (Este erelabgymdw above n 1prper;Indusion of the Repay webioa0'special ion district; fine lopurominat iiwe not asafraudsetafDoorssigmoorsande[omatiSyandSellReelFsete,witedarmeaprirworajter(Jobe and NONE PANE RADA DAUaT.ILC,A1ORWED UASIl1Y OONDANT Sigel COLORADO caniof Wad The tamping limet t was admowledged bee= a ffiia day of Assam OS, SUS by D�Deb®EBAAN A! MESMER OF FRONT RANGE DAIRY, LUC A COLORADO LIMITED LIABRI TY COMPANY )12 - NANCY A LOHR NOTARY PUBLIC STATE OF COLORADO NOTARY 40 NA24008574 CantreilISICIA Wits July 1e. 2020 toy bind sod otadaitatt Wbm Ream t t BEINDITION WATER SOLUTIONS COLORADO LW, A DELAWARE LIMIED LIABILITY COMPANY 6060 STATION STREET, STE 375 LONE TEM CO 11124 Porn 10051 1211015 ewdio.odt 1-t6 Special Wana ,I eed(Pte'1lth) FCC75155I71 ($351114 Erk Expedition Water Solutions Colorado, LLC 2015 Clubhouse Drive, Suite 201 Greeley, CO 80834 PAY Three hundred thirty-two thousand dollars and no cents TO THE ORDER OF WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H STREET GREELEY, CO 80631 Cadence Bonk, N.A. 2800 Post Oak Boulevard, Suite 3880 Houston, Texas 77058 81-829/822 DATE 04/30/2019 001741 Expedition Water Solutions Colorado, LLC - 2015 Clubhouse Drive, Suite 201 - Greeley, CO 80634 To: Weld County Public Works Department Vendor Code Check Date Check Amount Check Number lilt"' WELD ore&ey, co 80631 001741 AMOUNT $"332,000.00* PERMIT *184029 332,000.00 Deposit for Permit* 18.0029 04/30/2019 $332,000.00 B-1741 goaLegiion Jim Goddard Prealdent/Founder 970 -381 -5005 -Cell 970.515-6950-Olllce jgoddard@expedidon-water.com 2015 Clubhouse Dr.,Ste 201 Greeley, CO 80834 RECEIPT RECEIVED FROM AOC FOR DATE O51211 —©d,27 Tom .24-6 4 ' .1 BY e 90562 69;0Or AM Expedition Water Solutions Colorado, LLC - 2015 Clubhouse Drive, Butte 201 - Greeley, CO 80634 001741 To: Weld County Pubnc Works Department Vendor Code Check Date Check Amount Check Number ,,,, w eene a.w.r. Co SOW WELD 04/3012019 $332,000.00 B-1741 iiIbRYW 1430 PERMITetem2e [pewee for Pernett18-062e 332,000.00 Cheryl Hoffman From: Sent: To: Subject: Attachments: Tisa Juanicorena Wednesday, May 22, 2019 10:42 AM Cheryl Hoffman; Dawn Anderson; Elizabeth Re'ford; Esther Gesick; Jay McDonald; Karla Ford BOCC PA REVIEW IA USR18-0029 EWS Signed IA and PA USR1B-0029 EWS.pdf ATTACHED BOCC PA REVIEW Improvements Agreement: Improvements and Road Maintenance Agreement w Collateral Case/Applicant: USR18-0029 Expedition Water Solutions Colorado, LLC Please note: I have attached the deed to show why the applicant is only EWS now. Dawn said this will be presented — so it will have a Reso, Exhibits, Collateral and the Final Mylar. Thanks Karla!! T%88 Juanicorena Development Review Public Works 1111 H Street Greeley, CO 80634 tfuanicarena6.weldvov.com truanicorena o co.weld.co.us tel: 970.400.3778 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. if you have received this communication in error, please immediately notify sender by return 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. Contract Form New Contract Request Entity Information Entity Name* Entity ID* EXPEDITION WATER SOLUTIONS, LLC @00036538 Contract Name* IMPROVEMENTS AGREEMENT Contract Status CTB REVIEW 0 New Entity? Contract ID 2751 Contract Lead* TJUANICORENA Contract Lead Email tjuankorena@co.weldco us Contract Description* IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH COLLATERAL Contract Desotiptlon 2 Contract Type • Department AGREEMENT PUBLIC WORKS Amount* Depanment Email $332,000.00 CM- PublicWorksQweldgov coin Renewable • NO Department Head Email CM-PublicWorks- Autatattic Renewal DeptHead@weldgov corn County Attorney Grant GENERAL COUNTY ATTORNEY EMAIL ICA County Anorney Email CM- COUNTYATTORNEY@WELD GOV.COM Requested BOCC Agenda Date* 06/10/2019 Parent Contract ID Requires Board Approval YES Department Project s Due Date 06/06/2019 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are nor In OnEase Contract Effective Dale Review Date* Renewal Date 0641012020 Termination Notice Period Committed Delivery Date Expiration Date* 06/30/2021 Contact Information Contact Info Contact Name Contact Type Contact Erna ll Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAY MCDONALD BARB COPINOLLY 8O8 CHOATE DH Approved Date Finance Approved Date Legal Counsel Approved Date 06/03/2019 06/04/2019 06/04/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07/10/2019 Originator TJUANICORENA Tyler Ref i AG 071019 Hello