HomeMy WebLinkAbout20202115.tiffCHANGE OF ZONE (COZ) APPLICATION
FOR PLANNING DEPARTMENT USE:
AMOUNT $
APPLICATION RECEIVED BY
DATE RECEIVED:
CASE # ASSIGNED:
PLANNER ASSIGNED:
PROPERTY INFORMATION
Is the property currently in violation? No / • Yes Violation Case Number:
Site Address: 27486 CR 13 & 6433 County Road 56
Parcel Number: c
9 5 7 _ 1 8
Legal Description: Lot B RE -2803 & PT SW4
o_ a a_ o a s & 095718300050
Section: 18 , Township 5 N, Range 67 W
Total Acreage: 133 Existing Zone District: A
Proposed Zone District: 1-3
Floodplain: No / • Yes Geological Hazard: 2 No / ❑ Yes Airport Overlay: II No / ❑ Yes
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name:
Company: Gerrard Investments, LLC
Phone #: Email.
Street Address: 27154 County Road 13
City/State/Zip Johnstown, CO 80534
Code:
Name:
Company:
Phone #:
Email:
Street Address:
C ityiS tate/Zip
Code:
APPLICANTIAUTHORIZED CANTIAUTHO RIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: Shannon Toomey (AGPRO)
Company: Rock & Rail, LLC (Applicant) and AGPROfessionals (Authorized Agent)
Phone #: (97 0) 535-9318 (AGPRO) Email: stoomey@agpros.00m
Street Address: (Rock & Rail) 1627 Cole Blvd, Suite 200
City/State/Zip Lakewood, CO
Code: 80401
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans
submitted with or contained within the application are true and correct to the best of my (our) knowledge.
All fee owners of the property must sign this application. if an Authorized Agent signs, an Authorization
Form signed by all fee owners must be included with the application. If the fee owner is a corporation,
B once must be included indicating the signatory has the legal authority to sign for the corporation.
it3 12020
,SignatuiriS Tate Signature Dare
,6,
Print Print
7/25/2019 7
AUTHORIZATION TO ACT AS REPRESENTATIVE
GERRARD INVESTMENTS, LLC, a Colorado limited liability company (the "Owe"),
owner of certain real property legally described on the attached Exhibit A (the "Property")
hereby authorizes ROCK & RAIL LLC, a Colorado limited liability company, and AG -PRO
ENVIRONMENTAL ER I E , LLC, a Colorado o limited liability company to act as the
Owner's agent and representative in all matters pertaining to the Owner's application to Weld
County (the "County" for a change of zone from A — Agricultural tural to 1.3 Heavy Industrial
(collectively, the "Application"). This authorization will expire by its own terms upon the
successful approval of the Application by the County, or upon the written termination of this
instrument by the Owner.
OWNER:
GERRARD INVESTMENTS, LLC,
a Colorado limited liability company
STATE OF C°° �
ss.
COUNTY OF \rh+.+>
By:
Name: atuti
Title:
Esc 6.
The foregoing instrument was acknowledged before me this
V ks , 2020, by tiArketwok4 46-93440 , as Ntrhoiktylv,
Gerrard Investments, LLC, a Colorado limited liability company.
Witness my hand and official seal •
My commission expires: \ � 4 #1,04L3
IT ___ed.,
Robert John West
NOTARY P' U BUC
STATE OF COLORADO
NOTARY ID 2019O271B7
MY COMIM# FSSION EXPIRES July 19, 2023
1345603/
1359763.1
day of
of
AG.PROfess!onals
rintLOPERS OF AORICULTURE
March 31, 2020
To Whom It May oncern:
Rock & Rail, LLC has contracted with A PROfcssionals for all permitting, planning,
engineering, and regulatory work relating to Weld County land use permitting.
AGPROfessionals fessionals is authorized to represent and request the release of all records necessary on
behalf of Rock & Rail, LLC. We respectfully request that all correspondence be directed to
A PROfessionals.
Sincerely,
Rock & Rail, LLC
David Hagermar
kasaiL kateitin,:),,airitua
Title
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
3050 61'h Avenue a Greeley, CO 80634
970,53549318 /office • 970.535.9854 / fax • ww.wiagprosocom
total
1855488 2
AGPROfessionals
DEVELOPERS OF AGRICULTURE
WELD COUNTY CHANGE OF ZONE (COZ) QUESTIONNAIRE
Prepared for Gerrard Investments, LLC
1. Describe the purpose of the proposed change of Zone.
The landowner and the tenant -operator of the subject property, Rock & Rail, LLC, an
interstate federally -chartered railroad company, propose the Change of Zone for the
following purposes:
The subject property is a 133 -acre tract located adjacent to the Union Pacific
Railroad and in close proximity to U.S. Highway 34. The property is presently
developed with a spur track and transload yard, including a concrete mixing
facility. The existence of these uses on the subject property, and the property's
adjacency to regional transportation infrastructure, support its location in the 1-3
(Heavy Industrial) zone district for planning purposes.
• The property's existing rail yard and transload operation are currently governed
by federal law under the Interstate Commerce Commission Termination Act.
Rock & Rail has the authority to continue to operate that site under ICCTA, but it
also has the option to agree voluntarily to the terms of a Weld County rezoning.
Rock & Rail's position is that the rezoning of the property will better align it with
the actual uses occurring on the property.
• Rock & Rail's predecessor in interest made substantial efforts to comply with
local regulations, and constructed a state of the art, bermed and buffered facility
that complied with numerous conditions imposed in connection with a County
Use by Special Review approval. As that facility remains in place, this rezoning
will bring the property into conformity with local zoning classifications.
2. Explain how this proposal is consistent with the Weld County Comprehensive
Plan.
This proposed change of zone is consistent with the Weld County Comprehensive Plan.
The change of zone achieves several of the goals and objectives of the Comprehensive
Plan as follows:
ec t$iqnZfl7t— Industrial development
A. The intent of the industrial Goals is to establish industrial areas where a balanced,
diversified economy can be encouraged in an effort to maintain and enhance the quality
of life of Weld County citizens. These Goals and Policies intend to assure desirable local
employment opportunities and to strengthen and stabilize the economy. The proposed
change of zone will ensure that the subject property, which is appropriately suited
to industrial development, continues to receive and process materials necessary
1860703 3
Page 2 of 8
for construction activities throughout the County and region. The subject
property's industrial uses support on- and off -site employment opportunities for
County and regional workers.
B. When reviewing proposed industrial development, there should be a thorough
examination of issues, such as compatibility with surrounding and regional land uses,
availability and adequacy of infrastructure and services serving the proposal and impacts
on the natural environment. The proposed change of zone is compatible with
surrounding land uses. Land uses surrounding the property generally consist of
industrial and agricultural uses. A residential development is located to the north
and east of the property, separated from the improvements on the property by
more than 700 feet, and a substantial berm. The change of zone proposes
industrial land uses in an area that is capable of supporting them, with access to a
Union Pacific railroad line and major regional highways.
section 22-2-80. — Industrial development Goals and Policies
A.1. Goal 1. Promote the location of industrial uses within municipalities, County Urban
Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth
management areas as defined in municipalities' comprehensive flans, the Region
Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where
adequate services are currently available or reasonably attainable. The subject
property is along railroad infrastructure and where adequate services are
currently available. The subject property is located within the Cooperative Land
Use Annexation and Utility Areas (CLUA) designated in the Windsor -Greeley
Intergovernmental Agreement (ICA). The proposed zone change is consistent with
Greeley's Comprehensive Plan, which states that heavy industrial and
manufacturing uses should be located to "take advantage of existing freight rail
corridors, air transportation, and major arterials." Under the proposed zone
change, industrial uses would be located within Intergovernmental Agreement
urban growth areas and growth management areas as defined in the county's and
associated municipalities' comprehensive plans. With limited areas in the county
designated for 1-3 uses, this proposed zone change will help ensure that adequate
services and facilities are available to serve industrial development,
1. L Policy 1.1. Ensure that adequate industrial level of services and facilities are
currently available or reasonably obtainable to serve the industrial development
or district sufficient services are available to serve the industrial
development of the subject property. The property is served with potable
water, gas, electric, fiber and has access to a county arterial roadway and
major state highway (U.S. Highway 34). Significant corridor improvements
have been created from the site entrance along County Road 13 to Highway
34. Signalization and additional improvements were installed on Highway
34d
2. 1. Policy 1.2 Encourage new industrial development within existing industrial
areas. The area surrounding the property contains a pet crematorium,
excavating company, several industrial and logistics uses, o i l and gas
exploration, and agricultural uses. The property directly north of the site
owned by Occidental Petroleum Corporation will be utilized for oil & gas
development, Other land uses in the vicinity include A Concrete, Inc. under
1860703 3
Page 3 of 8
USR 16-0010, W3 Legacy LLC, a trucking and construction business
permitted under USRI for flyash transloading, Waste -Not Recycling,
Slager Trucking Company, and Rocky Mountain Hoist and Equipment .
.L Policy 1.3. Encourage industrial development by improving major
transportation corridors. U.S. Highway 34 and the Union Pacific railroad
serve the subject property. Significant corridor improvements have been
created from the site entrance along County Road 13 to Highway 34.
Signalization and additional improvements were installed on Highway 34.
B. L Goal 2. Encourage appropriate industrial development to annex into a municipality if
the new or expanding industrial development is adjacent to the municipality's corporate
limits. The subject property is not adjacent to the corporate limits of a
municipality.
C.1. Goal 3, Consider how transportation infrastructure is affected by the impacts of new
or expanding industrial developments. The proposed change of zone is not
anticipated to result in significant additional traffic on surrounding roadways, as
the property is already improved with industrial uses, The subject property's
accessibility to rail infrastructure will limit the use of County and surrounding
roadways for additional truck traffic.
1.1. Policy 3.1. Support transportation systems within and into industrial
developments that address a full range of mobility needs, and which effectively
provide connectivity in a cost effective, efficient and comprehensive manner.
The subject property's accessibility to rail service provides a cost effective,
efficient means of access.
2.1. Policy 3.2 The land use applicant should demonstrate that the roadway
facilities associated with the proposed industrial development are adequate in
width, classification and structural capacity to serve the development proposal.
The roadway infrastructure surrounding the property is sufficient to serve
the industrial improvements on the property. The property is located less
than one-half mile from U.S. Highway 34, a four -lane divided highway. The
intersection of Weld County Road (WCR) 13 and US Highway 34 was
recently improved to accommodate existing and future industrial
development. These improvements include: (1) Northbound right -turn lane
at the Site Drive/ WCR 13 intersection; (2) Southbound left -turn lane at the
Site Drive/ WCR 13 intersection; (3) Northbound right -turn acceleration lane
at the US Highway 34/ WCR 13 intersection; (4) Installation of a traffic
signal at the intersection of WCR 13 and US Highway 34; (5) Upgraded
pavement on WCR 13 from the site to WCR 13 Intersection; and (6) Railroad
signals installed on WCR 13 and along Great Western Rail crossing on
Highway 34.
b. Recommended Strategy 1.3.2. b. Establish road reservation/dedication
standards for industrial developments that are in accordance with the
Weld County Transportation Master Plan. The industrial improvements
on the subject property have complied with all dedication standards
of the County,
1860703 3
Page 4 of 8
D. I. Goal 4. All new industrial development should pay its own way. All public
improvements required in connection with the current development on the
property have been paid for and completed. Any subsequent applications for new
industrial development on the property will meet all county requirements for
dedications or improvements to transportation and utility infrastructure. No
incentives are requested in connection with the operation of the property.
Et Goal 5 New industrial uses or expansion of existing industrial uses should meet
existing federal, state and local policies and legislation. The subject property will be
developed and operated in accordance with all federal, state, and local laws.
1./Policy 5.1. Industrial uses should be evaluated using criteria, including but not
limited to the effect the industry would have on air and water quality, natural
drainage ways, soil properties and natural patterns and suitability of the land.
The existing industrial uses on the site were evaluated for their
environmental impact, and any future industrial development of the site will
have all required state or federal environmental permits and comply with all
federal, state, and local environmental protection measures.
2.1. Policy 5.2. Development improvements should minimize permanent visual
scarring from grading, road cuts and other site disturbances. Require stabilization
and landscaping of final land forms, and that runoff be controlled at historic
levels. Berming ng and other improvements have already been made to
protect surrounding properties from visual intrusions. Runoff is controlled
at historic levels. As the subject property is already improved, any further
grading or site disturbance will be minimal and subject to an approved site
plan.
F.1. Goal 6. Minimize the incompatibilities that occur between industrial uses and
surrounding properties. As noted above, the property is adjacent to Union Pacific
Railroad and near Great Western Railroad. The property is located in an area of
the County that generally contains industrial and agricultural uses. The
residential subdivision to the northeast of the property is an anomaly, however,
significant measures have been taken to reduce the impact of industrial
improvements on those properties.
1.L Policy 6.1. Consider the compatibility with surrounding land uses and natural
site features. Note compatibility measures above. There are no significant
natural site features.
a. Recommended Strategy 1.6.1.a. Establish development standards for
such issues as use, building height, scale, density, traffic, dust and noise.
The County's 1-3 zone district establishes these development
standards, and these standards will govern the subject property.
2.1. Policy 6.2. Support the use of visual and sound barrier landscaping to screen
open storage areas from residential uses or public roads. Visual and sound
barrier landscaping has been installed at the property.
3.1. Policy 6.3. Encourage informational neighborhood meetings for proposed
industrial uses that do not require a public hearing. The change of zone
application will require a public hearing, and will thus have opportunities
for public input.
186D703 3
Page 5 of 8
4.1 Policy 6.4. Ensure that industrial properties are free of derelict vehicles,
refuse, litter and other unsightly materials. The property is maintained in a
clean manner, without derelict vehicles, refuse, litter, or other unsightly
materials.
C.I. Goal 7. Recognize the importance of railroad infrastructure to some industrial uses.
The subject property is presently used for transloading operations, which require
railroad access.
1. L Policy 7.1. — Support the continued and expanded use of existing railroad
infrastructure for industrial uses. The subject property was developed with a
rail spur, which continues and expands the use of railroad infrastructure.
Section 224-20 Water
F. WA. Goal 6. Development should occur in areas where adequate water quantity and
quality is currently available or reasonably obtainable. The subject property is
presently served by water from the Little Thompson Water District. Historic water
dedicated to the site will continue to be utilized for irrigation. No additional water
demands are anticipated as a result of the change of zone application.
Section 224-50 — A i r
A. A IR. Goal 1. Maintain National Air Quality Standards and, where practicable, improve
air quality in the County.
1. A IR. Policy 1.1. If applicable, land use applications should demonstrate future
impacts on current air quality. The prior development of the property
included evaluations of air quality impacts from industrial development.
Uses on the property currently have all required air permits and any future
uses will comply with NAAQS.
2. A IR. Policy 1.2. Land use applications should be evaluated by the Department
of Public Health and Environment for compliance with federal, state and county
statutes, regulations and ordinances. Any future industrial development on
the property will undergo evaluation for air quality impacts.
3.AIP. Policy 1.3. The County encourages the use and development of alternative
fuels, alternatively fueled vehicles and modes of transportation that reduce
pollutants. The property's adjacency to rail infrastructure ensures that it will
utilize rail transportation, which has substantially less environmental
impact than trucking.
Section 22-4-70 -- Noise Goals and Policies
A.N. oal 1. Minimize the impact of noise on County residents.
I . Jul. Policy 1.1. Land use applications should be evaluated by the Department of
Public Health and Environment for compliance with federal, state and County
statutes, regulations and ordinances. The subject property is operated in
conformance with all noise limitations imposed by state and local
governments that are not otherwise preempted by ICCTA.
Sec. 22-6-20. - Economic development Goals and Policies
1S60703 3
Page 6 of 8
A. ECON. Goal 1. Encourage the expansion of existing businesses and the location of
new industries that will provide employment opportunities in the County.
1. ECON. Policy 1.1. Promote the expansion and diversification of the industrial
economic base to achieve a wail -balanced industrial sector in order to provide a
stable tax base and a variety of job opportunities for County citizens. The
industrial use and development of the subject property currently provides
tax revenue to the county and job opportunities for county citizens,
surrounding businesses and it will continue to do so.
E. E ON. Goal . Recognize and promote specific places and resources in the County
that can uniquely support economic development
. EON. Policy 5.1. The County should encourage an adequate supply of both
services end land suitable for industrial development and redevelopment. The
change of zone application will designate a 133 -acre, rail -served property
for industrial development, consistent with this policy.
3. ECON. Policy 53. Recognize and support existing railroad infrastructure. The
change of zone application ensures that the property will support the
existing Union Pacific line that runs adjacent to the property.
3. Explain how the proposed rezoning will correct what the applicant perceives as
faulty zoning, or how the proposed rezoning will fit with what the applicant
perceives as the changing conditions in the area.
There are several changed conditions in the area of the subject property. The U.S.
Highway 34 corridor east of 1-25 has recently developed with a broad mix of commercial
and industrial uses. The area located south of U.S. Highway 34 in the Town of
Johnstown has several industrial uses, including beverage manufacturers, industrial
bakeries, distributors, recycling facilities, and other large-scale industrial users. In the
immediate vicinity of the property, several industrial uses have developed around the
County Road 13/Union Pacific railroad crossing, including excavating companies and a
pet crematorium. Oil and gas activity has been prevalent in the area as well. The
property directly north of the site owned by Occidental Petroleum Corporation will be
utilized for oil & gas development. Other land uses in the area include A Concrete, Inc.
under USR 16-0010, W3 Legacy LLC, a trucking and construction business permitted
under USR15-0040 for flyash transloading, Waste -Not Recycling, Slager Trucking
Company, and Rocky Mountain Hoist and Equipment. Improvements to major
transportation facilities, including Highway 34, support further industrial development in
the area. Zoning designations for both Town of Windsor and Town of Johnstown
provide for future industrial and commercial facilities to be located west and north of the
facility.
In addition, the development of the subject property is a changed condition that supports
the change of zone application. The property currently contains a transloading facility
that makes cultivation of the site for agricultural purposes not feasible. The transload
facility already serves existing concrete and asphalt manufacturing facilities in the area
including a concrete manufacturing facility located 1.6 miles to the south, which
purchases aggregate from the property. Rezoning the property will allow more
1860703 3
Page 7 of 8
appropriate land uses at or near the railroad and US Highway 34. The existing
associated uses are no longer consistent with Weld County's Agricultural zone
allowances given the recent code changes. Additionally, industrial and commercial
facilities are located in the vicinity of the property.
4. Explain how the uses allowed by the proposed rezoning will be compatible with
the surrounding land uses. Include a description of existing land uses for all
properties adjacent to the subject property.
The subject property is bordered to the southwest by the Union Pacific Railroad and
Great Western Railroad, which crosses surrounding property immediately to the west. A
construction business, permitted under U R15-0075, and a pet memorial facility and RV
storage facility, permitted under U R1 b-0044, are located directly southwest of the site.
A conference center and event venue, permitted under U R 15-0028, is located directly
east of the site. The property directly north of the site owned by Occidental Petroleum
Corporation will be utilized for oil & gas development. Directly northeast of the site is
Indianhead Subdivision. Other land uses in the vicinity include A Concrete, Inc. under
USR 16-0010, W3 Legacy LLC, a trucking and construction business permitted under
USRI R 1 5-0040 for flyash transloading, Waste -Not Recycling, Slager Trucking Company,
and Rocky Mountain Hoist and Equipment. Additional establishments include Canyon
Bakery with transload facility. The surrounding area is seeing more commercial and
industrial uses because of its proximity to a major transportation corridor and the
demand for commercial and industrial land. The proposed zone is compatible with
existing and future land uses. Major utilities, including water, electricity, and gas are
already in place to serve the site.
Indianhead Subdivision stands out among the surrounding land uses as the only urban -
scale residential development in the area. This subdivision was rejected by the Board of
county commissioners in 1972 due to its incompatibility with surrounding uses. At the
time, the surrounding area was rural and agricultural. Being isolated from existing
residential or commercial development, the location was outside of the normal growth
pattern for this type of residential development. Without a comprehensive plan in place
for the area, the proposal was determined to be premature. However, a subsequent
judicial challenge to the Board's denial resulted in the later approval of the subdivision.
Nonetheless, as the subdivision now exists among a mix of agricultural, commercial, and
industrial uses, the current industrial uses on the site were developed with several
measures to protect residential properties. Measures that have been taken to ensure
compatibility between the subject property and the adjacent subdivision include an
approximately 15 -acre buffer area northeast of the existing rail loop, containing berming,
storrnwater facilities, and irrigation ditches. The rail spur on the property is over 750
feet, and the transloading facilities are more than 1,000 feet, from the nearest home.
The very large buffer area provides an appropriate transition to the residential
subdivision.
5. Explain how this proposal complies with Article V and Article XI of Chapter 23 if
the proposal is located within any Overlay Zoning District (Airport, Geologic
1860703 3
Page 8 of
Hazard, or Historic Townsites Overlay Districts) or a Special Flood Hazard Area
identified by maps officially adopted by the County.
The subject property is not located within any Overlay District addressed in Article V and
Article XI of Chapter 23.
6. Does the soil report indicate the existence of moderate or severe soil limitations?
If so, detail the method to be employed to mitigate the limitations for the uses
proposed.
The soil report indicates moderate soil limitations for construction. The soil report is
included in the application materials. Engineering for structures will account for any soil
limitations as demonstrated by continued development in the area.
7. Describe the proposed source of drinking water source on the property. If utilizing
a drinking water well, include either the well permit or well permit application that
was submitted to the State Division of Water Resources. If utilizing an existing
public water tap, include a letter from the water district, a tap or meter number, or
a copy of the water bill. If public water is proposed for new development, provide
a "will -serve" letter from the water provider.
A twelve -inch Little Thompson Water District line runs along the east side of WCR 13
and twelve -inch line runs along the entire north property line. This is connected to a
twelve -inch line looping through the interior of the property. The district currently supplies
water to the property through meter nos. 3902, 825001 and 832801. Copies of the water
bills for each of these are included with this application. No additional water is required
at this time.
8. Describe the proposed sewage disposal system is on the property. If utilizing an
existing septic system, provide the septic permit number. If there is no septic
permit due to the age of the existing septic system, apply for a septic permit
through the Department of Public Health and Environment prior to submitting this
application. If a new septic system will be installed, please state "a new septic
system is proposed." Only propose portable toilets if the use is consistent with
the Department of Public Health and Environment's portable toilet policy.
The properties are currently served by three septic systems permitted under SP -
0701064 for buildings at the entrance with P-1000036 and SP -1900423 modifications,
SP -1600224 for buildings inside the loop with SP -1900424 modification, and SE -
0000094 for the house along CR 56 on south side of properties. These septic permits
are included with this application.
1860703.3
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF DOCUMENT FILED
I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to
the records of this office, the attached document is a true and complete copy of the
Articles of Organization
with Document tt 20081617 71 of
Gerrard Investments, LLC
Colorado Limited Liability Company
(Entity ID # 20081617371 )
consisting of 3 pages.
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
11/18/2019 that have been posted, and by documents delivered to this office electronically through
11/19/2019@ 11:39:48.
l have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
official certificate at Denver, Colorado on 11/19/2019 @ 11:39:48 in accordance with applicable law. This
certificate is assigned Confirmation Number 11920045 ,
Secretary of State of the State of Colorado
*********************************************End of Certificate*******************************************
Notice: A cent .tat issuer: el %ironrcgl1yborn the. Colorado S.- 7:0r�-u + �r a _ . '' ! s (dully and immediately valid and effective, However,
as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of
the Secretary of State is Web site, http: //i n nr,sos.state.ca. ce s/h/z/Ceratrl'rc. ateSecarchCriteria”dn entering the certi acate 's confirmation number
displayed on the certificate, and following the instructions displayed..c'oxifi'rrrairag the issuance of a c�er,ti. a�crrte i Fir ere!�r a bona. and is not
precessaty }0 she valid and effective Issuance of a certificate, For more information, visit our Web site, http://www.sos.statesco,us/ click
''Businesses, trademarks, trade names" and select `{Frequently Asked Questions."
Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Fees & forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit ww, sos.state,c o.'as and
select Business Center.
$50.00
Colorado Secretary of State
Date and Time: 11/26/2008 01:06 PM
ID Number: 200 816173 71
Document number: 20081617371
Amount Paid: $50.00
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R. .)
1. The domestic entity name of the limited liability company is
Gerrard Investments, LLC
(The name of a limited liability company must contain the term or abbreviation
"limited liability company "ltd. liability company"limited liability co.", "ltd.
liability co.", "limited", "lie.", "11c", or "ltd.". See §7-90-60.i, C..R.S)
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the limited liability company's initial principal office is
Street address
1739 S. County Road 13C
(Street number and name)
Loveland CO 80537
(Province — if applicable)
(pate) VP/Postal Code)
UniteStates
(Country')
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(City)
(State) (ZIP/Postal Code)
(Province — if applicable) (Country)
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual)
OR
(if an entity)
Gerrard
(Last)
Nathan M.
(First)
•
(Middle) (Safi)
(Caution: Do not provide both an individual and an entity name.)
Street address
1739 S. County Road 13C
(Street number and name)
Loveland
(City)
ARTORG_LLC Page 1 of 3
co 80537
(State) (ZIP Code)
Rev. 02/28/2008
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(City)
The following statement is adopted by marking the box)
The person appointed as registered agent has consented to being so appointed.
Co
(State)
(ZIP Code)
4. The true name and mailing address of the person forming the limited liability company are
Name
(if an individual)
OR
(if an entity)
Gerrard
Nathan M.
(Last) (First)
(iti➢,ra'die) (Suffix)
(C'auti'on: Do not provide both an individual and an entity name.)
1739 S. County Road 13C
Mailing address
(Street number and name or Post Office Box information)
Loveland CO 80537
.f Vitar`v_,iUniteStates (ZIP/Postal Code)
l
(Province — if applicable) reunify)
(If the following statement applies, adopt the statement by marking the box and include an attachment.)
EJ The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mark the applicable box)
$/
one or more managers.
OR
I -I the members.
6. (The following statement is adopted by marking the box)
be
There is at least one member of the limited liability company.
7. (If the following statement applies, adopt Me statement by marking the box and include an attachment.)
I
This document contains additional information as provided by law.
8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date.)
(If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format;)
The delayed effective date and, if applicable, time of this document is/are
ARTGRG LLC
•
(mm/dd,5 yy hour: minute am/pm)
Page 013 Rev. 02/2812008
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., ., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of thatPart, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, whether or not such individual is named in the document as one who has caused it to be delivered.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Gerrard Nathan M.
•
(hits° (First)
1739 S. County Road 13C
(Middle) (Suffix)
(Street number and name or Post Office Box information)
Loveland
(city)
CO 80537
(State) (ZIPIPostai Code)
United : States
(Pro v ince --- i f applicable) (Country)
(If the following statement applies, adopt the statement by marking the box and include an attachment)
This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This forrcover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTORO LLC
Page 3 of 3 Rev. 02/28/2008
Notice of Inquiry
Weld County
Pre
-application
Case #
PRE19-0306
Date
of
Inquiry
1/10/2020
Municipality
Windsor CPA
Name
of
Person
Inquiring
Gerrard Investments/
LW
Property
Owner
Gerrard
Investments,
LLC
Planner
Angela
Snyder
Planner
Phone
Number
970-400-3525
Planner
Email
Address
asnyder@weldgov.com
Legal
Description
Lot
B of
PECXI7-0007,
SW4 13-2-67
Parcel
Number
0957-18-0-00-009
&
0957-18-3-00-050
Nearest
Intersection
CR
13
and
CR
56
Type
of
Inquiry
Change
of zone
to 1-3
The above person met with County Planning staff about developing a parcel of land inside your designated
Intergovernmental Agreement/Coordinated Planning Agreement Boundary.
/ &Aar? , cYlft ty L461 :
Co�nty'P al nner's signafare
Would
you
like
to
pursue
annexation
of
this
property?
NO
YES
Date of
Contact
Comments:
Signature
of
Municipality
Representative
Title
Date
Please sign and date to acknowledge that the applicant has contacted you
and return this signed form to Weld County Department of Planning Services.
Weld County Planning Department
1555 N 17th Ave, Greeley, CO 80631 (970) 400-6100 (970) 304-6498 Fax
20181107
Shannon Toome
From:
Sent:
To:
Cc:
Subject:
Attachments:
Tom Parko Jr. <tparko@weldgov.com>
Monday, March 9, 2020 7:38 AM
Scott Ballstadt; Shane Hale
Carlin Malone; Angela Snyder; Connolly, Brian J
Pre Application (Gerrard Investments)
PRE 1 9-0306. pdf
Good morning,
on January 23, 2020, notice was sent to the Town of Windsor's planning staff, as your designee, pursuant to that certain
Coordinated Planning Agreement by and between the Town and Weld County, of a pre -application request and meeting
between Gerrard Investments, LLC and the Weld County Department of Planning Services, Weld County Project File No.
PRE19-0305, pertaining to a proposed change of zone application for certain real property located at 27486 County Road
13 and 6433 County Road 56. Copy attached. It is our understanding that the Town does not wish to pursue annexation
of the subject property. To the extent the Town disagrees that notice was duly and lawfully provided as of the date set
forth above, please consider this email and the attached notice to be due and lawful notice of the aforementioned pre -
application request as of the date first referenced above. If you have any questions please do not hesitate to contact me.
Sincerely,
Tom Parko
Director, Dept. of Planning Services
Weld County
970-400-3572
CAUTION This email originated from outside the organization. DO NOT click any links or open attachments unless
ou recognize the sender and know the content is safe.
1
Notice of Inquiry
Weld County
Pre -application
Case #
PRE1S-0305
Date
of Inquiry
1/10/2020
Municipality
Johnstown
CPA
Name
of
Person
Inquiring
Gerrard
Investments,
LAC
Property
Owner
Gerrard
Investments,
LAC
Planner
Angela
Snyder
Planner
Phone
Number
970-400-3525
Planner
Email
Address
asnyder@weldgov4eom
Legal
Description
Lot
B of
REC 17-0007,
SW4
13-2-67
Parcel
Number
0957-18-0-00-009
&
0957-18-3-00-050
Nearest Intersection
CR 13
and
CR 56
Type
of Inquiry
Change
of zone to
I-3
The above person met with County Planning staff about developing a parcel of land inside your designated
Intergovernmental Agreement/Coordinated Planning Agreement Boundary.
_, J. rte` ,. e
Counti Planner's signal' re
Would you like to pursue annexation of this property? NO
Date of Contact
Comments:
IJo oec4rnJ KrL1+ Ptcwne riectroirsOi.
Signatureofof Municiity Representative Title
YES
mil 5nfi1/40LE-
niactak6 Del 9,7
Date
Please sign and date to acknowledge that the applicant has contacted you
and return this signed form to Weld County Department of Planning Services.
Weld County Planning Department
1555 N 17th Ave, Greeley, CO 80631 (970) 400-6100 � (970) 304-6498 Fax
20181107
Shannon Toome
From:
Sent:
To:
Cc:
Subject:
Attachments:
Toni Parko Jr. <tparko@weldgov.com>
Monday, March 9, 2020 7:39 AM
Kim Meyer; Matt LeCerf
Connolly, Brian J.; Angela Snyder
Pre Application Request (Gerrard Investments)
PRE19-O3061pdfr PRE19-0306 Gerrard Rezone to 1-3 NOI response 3-5-20.pdf
Good morning,
on January 30, 2020, notice was sent to the Town of Johnstown planning staff, as your designee, pursuant to that
certain Coordinated Planning Agreement by and between the Town and Weld County, of a pre -application request and
meeting between Gerrard Investments, LLC and the Weld County Department of Planning Services, Weld County Project
File No. PRE19-0306, pertaining to a proposed change of zone application for certain real property located at 27486
County Road 13 and 6433 County Road 56. Copy attached. It is our understanding that the Town does not wish to pursue
annexation of the subject property per an email dated March 5, 2020. To the extent the Town disagrees that notice was
duly and lawfully provided as of the date set forth above, please consider this email and the attached notice to be due
and lawful notice of the aforementioned pre -application request as of the date first referenced above. If you have any
questions please do not hesitate to contact me.
Sincerely,
Tom Parko
Director, Dept. of Planning Services
Weld County
970-400-3572
CAUTION: This email originated from outside the organization. DO NOT click any links or open attachments unless
you recognize the sender and know the content is safe.
1
Notice of Inquiry
Weld County
Pre
-application
Case #
PRE19-0306
Date of Inquiry
1/10/2020
Municipality
Milliken
CPA
' Name
of
Person Inquiring
Gerrard
Investments, LLC
Property
Owner
,
Gerrard
investments,
Lie
Planner
Angela
Snyder
Planner
Phone
Number
9704400-3525
Planner
Email
Address
asnyder@w&idgov,com
Legal Description ,
Lot B of
RECXI
5W41
2-67
ry
Parcel
Number
10957-18-0-00-009
& 0957-18-3-00-050
Nearest
Intersection
CR
13
and
CR 56
r-
--.
- -_ ..
Type of
Inquiry
Change of zone
to 1-3
The above person met with County Planning staff about developing a parcel of land inside your designated
Intergovernmental Agreement/Coordinated Planning Agreement Boundary.
Coun lanners sign afire
Would you like to pursue annexation of this Property? NO
Date of Contact
_r Comments:
Signa ' ':e of
4d�.�r•-.��
unicipality Representative
cer)
YES
AIL Al INS -C iscaCiris
ilta±acihi _nic;)04a-
- -0011Y)(4--ihni
rtl e Date
Please sign and date to acknowledge that the applicant has contacted you
and return this signed form to Weld County Department of Planning Services.
Weld County Planning Department
1555 N 17th Ave, Greeley, CO 80631 med (970) 400-6100 ew (970) 304-6498 Fax
20181107
Shannon Toome
From:
Sent:
To:
Cc:
Attachments:
Good morning,
Tom Parko Jr. <tparko@weldgovecom>
Monday, March 9, 2020 7:38 AM
Pepper McClenahan
Angela Snyder; Connolly, Brian J.
PRE19-0306.pdf
on January 23, 2020, notice was sent to the Town of Milliken planning staff, as your designee, pursuant to that certain
Coordinated Planning Agreement by and between the Town and Weld County, of a pre -application request and meeting
between Gerrard Investments, LLC and the Weld County Department of Planning Services, Weld County Project File No.
PRE19-0306, pertaining to a proposed change of zone application for certain real property located at 27486 County Road
13 and 6433 County Road 56. Copy attached. It is our understanding that the Town does not wish to pursue annexation
of the subject property. To the extent the Town disagrees that notice was duly and lawfully provided as of the date set
forth above, please consider this email and the attached notice to be due and lawful notice of the aforementioned pre -
application request as of the date first referenced above. If you have any questions please do not hesitate to contact me.
Sincerely,
Tom Parko
Director, Dept. of Planning Services
Weld County
970-400-3572
CAUTION: This email originated from outside the organization. DO NOT click any links or open attachments unless
you recognize the sender and know the content is safe.
1
Weld County Treasurer
Statement of Taxes Due
Account Number R0515201
Assessed To
Parcel 095 718000009
OERRARD INVESTMENTS LLC
27154 COUNTY ROAD 13
JOHNSTOWN, CO 80534-8205
DemiPeen
PT S `4 & PT SE4 18-5-67 LOT B REC EXEMPT RE -2803 EXC OG&M (.31R)
Situs Address
6433 COUNTY ROAD 56 WELD
Year
Tax Interest
Fees
Payments
Balance
Tax Chant
2019 5663,695.78 $0.00
Total Tax Charge
Grand Total Due as of 03/17/2020
$0.00
$0.00
$63,695.78
$63.695.78
$63,695.78
Tax Billed at 2019 Rates For Tax Area 2371 - 2371
Authority
WELD COUNTY
SCHOOL DIST RESJ
NORTHERN COLORADO WATER
(NC
FRONT RANGE FIRE RESCUE (JO
AIMS JUNIOR COLLEGE
THOMPSON RIVER REC
HIGH PLAINS LIBRARY
Taxes Billed 2019
* Credit Levy
lvtill Levy
15.0380000*
24.0000000
1.0000000
11.4910000
6.3540000
3.5940000
3.2170000
Amount
$14,805.96
$23,629.68
$984.57
$11,313.70
$6255.96
$3,538.55
$3,167,36
64.6940000
$63,695.78
Values
SINGLE FAM,RES.-
LAND
SINGLE FAM_RES-
I MP RO V EM TS
SPEC.PURPOSE-
IMPROVEME:NTS
REFINING/MILLING-
LAND
Total
Al
$1,008
$130,992
$2,110,108
$1,252.,412
Assessed
$70
$9,370
$611,930
$363,200
$3,494,520 $984,570
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIEN HOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1.
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH.
Weld Treasurer 1400 N 17th Avenue, P.O. Box 458, Greeley, CO 80632, (970) 400-3290 Page 1 of 1
Weld County Treasurer
Statement of Taxes Due
Account Number R8945992
Assessed To
Parcel 095718300050
GERRARD DIVESTMENTS LLC
27154 COUNTY ROAD 13
JOHNSTOW'N, CO 80534-8205
Legal Desciption
PT SW4 18 567 BEG NW COR. SW4 SEC 18 TO TPOB SOODOOW 230.24' S43D55E 2424.0& NOOD32W 1993.15' SS9D2SW 1663' TO
P0B EXC COM W4 COR N89024'E 30.00 TO POE NS9D24'E 40.00 S00D00'E 30.342 N43D55'W 57.66 NOODOU'E 261.69 TO PDB
Sites Address
27486 COUNTY ROAD 13 WELD
Year Tax
Tax Charge
2019 $,795.44
Ot t Fee ri "meats Balances
$0.00
$0.00
$0.00
Total Tax Charge
Gland Total Due as of 03/1711020
Tax Billed at 2019 Rates for Tax Area 2371- 2371
Authority
WELD COUNTY
SCHOOL DIST RE5J
NORTHERN COLORADO WATER
(NC
FRONT RANGE FIRE RESCUE (JO
AIMS JUNIOR COLLEGE
THOMPSON RIVER REC
HIGH PLAINS LIBRARY
Taxes Billed 2019
* Credit Levy
Mill Levy
15.0380000*
24.0000000
1.0000000
11.491 0000
6.3540000
3.5940000
3.2170000
Amount
$21,105.23
$33,683.04
$1,403.46
$16,127.16
$8,917.58
$5,044.04
$4,514.93
64.6940000
$90,795.44
Values
REP IN1 NGNIILLNG-
LAND
REFINING/MILLING-
IMPS
Total
Actual
$580,580
$4,258,914
90, I9544
$90195.44
95.44
$90795.44
Assessed
$ 168,370
$1,235,090
$4,839,494 $1,403,460
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1.
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK,
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH.
Weld Treasurer 1400 N 17th Avenue, P.O. Box 458, Greeley, CO 80632, (970) 400-3290 Page 1 of I
AGPROfessionals
DEVELOPERS O1.1 AGRICULTURE
15. Ditch Owners
Weld County Change of done Application
Prepared for
Rock & Rail, LLC
AGPROfessionals
DEVELOPERS OF AGRICULTURE
April 6, 2020
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
RE: Response to 2015 Ditch Owner Comments
To Whom It May Concern:
n.:
This letter is provided in conjunction with the Change of Zone application for the Gerrard
Investments, LLC property located on Lot B of Recorded Exemption. RE -2803 and Part of the
Southwest 1A of Section 18, Township 5 North, Range 67 West.
In 2015, owners of ditches located on or adjacent to the site provided comments in response to a
Use by Special Review (USR) application submitted for the subject property. The attached letter
summarizes the previous responses and determined the responses to each comment are still valid.
No additional site improvements are proposed as part of the Change of Zone that would impact
current ditch activities. The applicant is prepared to address any additional concerns raised by
ditch owners during the application referral period.
jncerely,
union Toomey
Land Planner
afaehment
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
3050 67th Avenue, Suite 200 o Greeley, CO 80634
970.53 5.9318 /office D 970.535.9854 / fax o www.agpros.com
TETRA TECH
April 3, 2020
Ms. Angela Snyder
Weld County Planning Department
1555 North 17Th Avenue
Greeley, Colorado 80631
RE: Rock and Rail, LLC Highway 34 Site — Review of Ditch Company Comment Responses
Tetra Tech Job No. 117-8723001
Dear Ms. Snyder:
Tetra Tech was engaged by Rock and Rail, LLC to review previous responses to two irrigation ditch company
comment letters that were sent as referrals in response to the Highway 34 Development USR application
(USR15-0027). We were asked to evaluate if our responses would change based on the final, as -constructed
conditions at the facility. This letter documents our evaluation.
As a part of the Use by Special Review application, one referral each was received from:
• The Reorganized Farmers Ditch Company, dated May 14, 2015
• The Hill and Brush Ditch Company, dated May 20, 2015
On June 26, 2015, Tetra Tech prepared a response letter to each ditch company. Many of the 2015 ditch
company responses dealt with compliance with Weld County Requirements, but some were simply comments to
modify the design to accommodate theconcerns of the ditch company. The ditch company referral comments
were taken into consideration and incorporated into the final design of the facility. No additional comments
regarding drainage issues were received from the Reorganized Farmers Ditch Company or the Hill and Brush
Ditch Company after submittal of these responses. Issued -for -Construction drawings were dated July 15, 2016.
Six addenda were issued during construction that impacted internal drainage but still met the requirements of the
current Weld County Code and the Weld County Engineering and Construction Guidelines (Guidelines).
Tetra Tech reviewed each of the 2015 responses to the ditch companies in relation to the current Weld County
Code, Chapter 8, Article 23 and the Guidelines. We evaluated whether the Highway 34 Facility meets current
Weld County requirements and addresses the concerns of the ditch companies. Subsequent changes to the Code
and Guidelines from the time of design to the current Code and Guidelines do not impact these responses.
Consequently, no changes to the responses to the ditch companies' comments are required.
In summary, Tetra Tech evaluated the response to the ditch companies' comments and found that the responses
to each comment are still valid, inclusive of changes that were made from the date of the response to completion
of construction.
Sincerely,
TETRA TECH
Jeffrey Butson, PE
Senior Engineer
0:kProjectslLongmont187231? 17-872300i1Docs\Reports\Rock and Rail Ditch Co Comment Evaluation.docx
Tetra Tech
1900 South Sunset Street, Suite 1-E, Longmont, CO 80501
Tel 303-772-5282 Fax 303-772-7039 www.tetratech.com
RE: Response to Reorganized Farmers Ditch Company comments regarding Martin
Marietta's Highway 34 Development (USRIS-0027}
Dear Ms. Aungst-
We received the Reorganized Farmers Ditch Company comments pertaining to the site
improvements and stormwater infrastructure for Martin Marietta's Highway 34 Development
project (USRI 5-0027). We appreciate the in-depth review of our Final Drainage Report. Below
is a listing of each of their comments followed by our response to each comment.
1. It appears that the calculations in the "Final Drainage Report" for the impervious area at the
site are underestimated. The site represents approximately 131 acres with only about 37 acres
that will not be considered impervious. This represent 71 % not the 46% represented in Table 6
MMM claims that Basin Area 3 will remain primarily undeveloped, however, the worst -case
scenario is that this area will be used for some aspect of the development. Immediate
development in this area, i.e. spur railroad system and access roads will have an impact on
runoff and the water quality if allowed to run freely off -site. RFDD requests that the County
require the applicant to consider this area when calculating the runoff into the detention pond
and not allowed it to free flow off site as described in their plan but channel it to the detention
pond.
Impervious percentage for the site was determined by calculating the area for each proposed
cover type (asphalt, base course, vegetative cover, roofs, etc.) and using the recommended
impervious percentages shown in Table 5-3, Recommended Percentage Impervious Values, of
the Weld County Engineering and Construction Criteria, April 2012. In summary, different values
of imperviousness are used to estimate the amount of runoff for different conditions due to the
relative amount of runoff a surface is estimated to generate. For example, the imperviousness of
the grave/ road surface (40% impervious) is less than the imperviousness of the asphalt road
surface (100% impervious) because grave/ roads allow some precipitation to be absorbed
instead of running off Please refer to Appendix 8-5, Developed Runoff Calculations, of the Final
Drainage Report for reference of the imperviousness percentage for each sub -basin.
Calculations for the detention pond sizing will be updated to include the portions of development
within Basin Area 3. The imperviousness of the rag and access roads alignments will be
considered to be equivalent to that of base course material and flows will be routed to the
detention pond. Tetra Tech is in the process of revising the Final Drainage Report and a copy
will be submitted to Weld County as soon as it is complete.
2. In the Final Drainage Report, Table 6, sub -area I g and Alf are missing from the table.
Table 6 pertains to Detention Pond data. We are assuming they meant to reference Table 4,
Onsite Drainage Basins Peak Flow. We will update the Table to include the information for sub -
basins I f and 1g.
3. In the Final Drainage Report, Historic Runoff calculations were calculated for "Basin A" which
includes 567 acres. These calculations did not take into consideration that the Greeley Loveland
Irrigation Ditch, the Reorganized Farmers Ditch and a REDC lateral that encompasses most of
the site intercept stormwater drainage from "Basin A". Thus, historic drainage calculations
should only be calculated for the proposed development site of 131 acres. Historic stormwater
drainage from the proposed development would be minimal based on soil type and vegetation
cover. The concern is that with this development there will be a substantial increase in
impervious area, which will result in additional volume of stormwater generated from this site.
The additional water flowing into laterals beyond historic levels will result in increased erosion,
increased volume with sediment and a decrease in water quality for farmers. RFDC requests
that the county require the applicant to address this issue and adjust their calculations
regarding minimal historic stormwater runoff of the site. In addition, require the applicant to pipe
stormwater that is above the historic volume to the Big Thompson River.
In analyzing the historic and developed drainage conditions for the site, the team assumed that
the ditches and associated laterals surrounding the site were flowing full during the design storm
event. This assumption was made to portray the "worst -case" scenario for run-on to the site.
This assumption is in conformance with the Weld County Code, chapter 8, Section 8-11-30.
Under this section of the Code, it is stated that Weld County adopted Urban Drainage and Flood
Control District's Urban Storm Drainage Criteria with the addendums presented. One of the
addenda (amendment of Section 1.5, Technical Issues) states that irrigation ditches cannot be
relied on for mitigating upstream runoff Therefore, the historic basin limits were extended
beyond the ditches as shown on the Historic Drainage Plan presented on Appendix A-2 of the
Final Drainage Report
Per Weld County regulations, drainage is designed to maintain historic drainage conditions after
development. Off -site run-on collection channels and the site detention pond have been sized to
convey the historic drainage flows to release to the historic release point. Erosion of the
channels is mitigated by installation of erosion control mats capable of withstanding the
anticipated shear forces and by vegetating disturbed areas during construction that are not to
receive base course or asphalt. The developed condition will not release at a flowrate greater
than historic conditions.
4. Based on the design sketch and observations at other similar developments, they have under
estimated the number of acres that would have an impervious calculation of 90% or more. Again
they have not considered the ramification of Basin Area 3 and their miscalculations. As an
example, in the most recent storm event, May 09, 2015, the proposed development received
about 4 inches of rain, which is equivalent to approximately 21 ac -ft of water on Basin 1 and
(62.14 acres). This would be approximately twice the proposed storage volume in the proposed
detention pond and over flow volumes would potential cause water quality and sediment issues
for farmers south of the proposed development. REDO requests that the County require the
applicant to consider the two worst case storms that have occurred recently on the proposed
development site, 2013 and 2015, approximately 4-6 inches over a very short time span when
calculating the runoff into the detention pond and not allowed it to free flow off site as described
in their plan.
The final drainage plan, including supporting calculations, were prepared in accordance with the
Weld County Code and the Weld County Engineering and Construction Criteria. The rainfall
depths, storm durations, and other design considerations are stipulated in these publications.
Detention ponds were designed to attenuate increased flows to lower runoff rates. Weld County
rules require detention ponds to release at a rate that is significantly less than that which would
occur in the pre -developed condition.
5. The Final Drainage Report does not addressed ground water or farm irrigation water that
takes place from April to November. Generally, the water table in the site area is within 4-6 feet
of the ground surface. During irrigation season the water table can be closer to the ground
surface and in some cases, water that moves through underground drains comes to the surface.
The amount of irrigation water used on farms directly adjacent to the site is over 1,400 acre-feet
of water during the growing season. The concern is that this water source could be impacted
from different contaminants from the proposed development. RFDC requests that the County
require the applicant to address how they will protect ground water and irrigation water from the
proposed development pollutants. This may require installation of impermeable geotextile
membrane under the proposed development and a retention pond instead of a detention pond.
The groundwater table elevation was a key site constraint that was considered during the
grading design of the site. Martin Marietta has performed two site investigations to evaluate
groundwater conditions (one in January 2015 and one May 2015). The shallowest groundwater
condition that was observed was at 6 feet be/ow grade. Since both investigations were
performed during a period of light to no irrigation, it was assumed that groundwater could be as
shallow as 3 or 4 feet below the ground surface. This resulted in a design of the site that will
almost entirely be built on fill It is assumed that irrigation to the site will be discontinued on
developed portions of the site.
To assist with water quality, an onsite water quality capture volume (WQCV) feature was
incorporated into the sizing of the detention pond. The calculation for this volume, detention
time, and allowable release was performed per the Urban Drainage and Flood Control District's
Urban Storm Drainage Criteria, Detention Basin Volume Estimating Workbook, as required by
the Weld County Code. Calculations for the WQCV can be found in Appendix C-5 of the Final
Drainage Report
A Spill Prevention and Control Plan (SPCC Plan) and associated spill prevention measures will
be developed and implemented by Martin Marietta once the site is operating. This is in
compliance with the Environmental Protection Agency's Code of Federal Regulations 40 Part
112. The site is operated by the Colorado Department of Health and Environment (CDPHE) in
regards to storage of onsite chemicals and operations.
An erosion control plan will also be developed and implemented during construction to protect
stormwater quality when the site is disturbed and to keep sediment from being transported off -
site. This is a requirement from both Weld County to obtain a grading permit and from the
Colorado Department of Public Health and Environment to obtain a construction permit
6. Water Quality Issue: The enormity of this site and various activities conducted onsite will
generate highly contaminated runoff, i.e. oils, grease, sediment, salts, emission particles, silica
and other products. Most of these will be in excess of those typically found in stormwater. The
detention pond is not adequately designed to address these issues both from a sizing and
retention time period. RFDC requests that the County require the applicant to address this
issue.
Please refer to the response to Concern #5 for water quality discussions. The site construction
and operations will meet all County, State and Federal regulations like any other use.
7. Water Quality Issue: The construction of a railroad spur that transverse the entire site (into
Basin 3) has not been considered as a significant affect on the water quality of runoff. The spur
will be built with more than 82000 new creosote railroad ties. Each of these ties will "bleed"
creosote onto the ground surface and leach into ground water affecting the water quality of
runoff. Again, there has been no consideration on controlling contaminated runoff from the
newly constructed railroad, the rail cars, or contaminants that leak from train engines. RFDC
requests that the County require the applicant to address how they will protect ground water and
irrigation water from the proposed development pollutants. This may require installation of
impermeable geotextile membrane under the proposed development.
Steel and/or Concrete ties will be used for the proposed railroad loop. A Spill Prevention and
Control Plan (SPCC Plan) and associated spill prevention measures will be developed and
implemented by Martin Marietta once the site is operating. This is in compliance with the
Environmental Protection Agency's Code of Federal Regulations 40 Part 112. Weld County
alone contains over 275 miles of rail that provides significant economic benefit to the region
through the transportation of goods and services.
8. Water Quality Issue: The proposed channels, some that are 10 wide at the bottoms to drain
water on -site and off -site will actually increase the flow rate and volume causing erosion,
sediment and water quality issues ofd site. Drainage from the site to off -site especially from
Basin Area 3 would overwhelm farm irrigation ditches adjacent and to the south of the site.
RFOC requests that the County require that an agreement be entered into between the
applicant and surrounding RFDC land -owners on how the applicant will maintain water quality
before leaving the detention pond and maintenance of lateral ditches after the POA for removal
of increase sediment.
The design of stormwater infrastructure has been prepared per the Weld County Drainage
Criteria.
Channels will be protected from the water erosive shear forces with the use of erosion control
blankets lining the channels. The channelization of captured off -site run-on has been designed
to accommodate historic run-on flows, calculated as described in the response to Concern #3.
onsite channels have been designed to accommodate developed drainage volumes and the
point of discharge is to the proposed detention pond. The release of the detention pond was
designed taking into consideration the historic flows for the facility. Detention pond sizing and
release calculations via the use of a restrictor plate can be found in Appendix C-4 of the Final
Drainage Report
irrigation laterals north and east of the property will remain undisturbed during construction and
operation of the site.
9. Water Quality Issue: Historically, runoff and ground water movement from the site drained
into Koenig Reservoir, which is used for irrigation and recreational uses such as fishing and
hunting, and into two irrigation ditches south of MICR 56. This water is used to irrigate crops and
field water livestock. Ground water via underground drains in the site will still move water to the
reservoir, however by channeling the runoff in Basin Area 3 and Basin 1 and 2, more runoff will
be directed into to farm irrigation ditches south of the proposed development. The volume and
flow rate will increase and the water quality will be impacted.
Historic drainage patterns were evaluated prior to providing the developed condition drainage
design. The proposed grading shown in the Final Drainage Report returns drainage runoff to
historic points of discharge. As previously discussed, drainage flow rates to offsite receiving
points will not be greater than those of the historic condition. Seepage of groundwater
generated due to field irrigation to downstream users does not require Martin Marietta to irrigate.
10. Water Quality Issue: The detention pond should be equipped with a release control value
that will prevent water release for up to three (3) days following a storm event until an onsite
analysis of the water quality can be performed to determine if contaminants from the proposed
development are reduced or eliminated. Thus the current design of the pond is not large enough
to retain water for this period from Basin Area's 1 and 2, let alone channeling Basin Area 3 to
the detention pond site. REDC requests that the county require the applicant to install a release
control value on the detention pond that will prevent water release for up to three (3) days
following a storm event until an onsite analysis of the water quality can be performed to
determine if contaminants are reduced or eliminated.
To comply with Colorado water law, the detention pond has been sized to release detained
flows within 72 hours of a storm event Sizing and release rates were estimated in accordance
with Weld County Code. Martin Marietta will follow CDPHE7 Weld County, and EPA
requirements for water quality.
11. RFDC requests that the County require the applicant not to build or install any structures,
fences, or other obstructions within 35 ft of the center of the RDFC main ditch and lateral
ditches so maintenance can be performed.
No obstructions will be constructed within any legally recorded easement granted to the RFDC
for the purposes of maintenance and access without written consent of RFDC (Easement and
Right of Way Agreement Recorded 12121/2000 #2814989).
12. RFDC requests that the County require the applicant to agree that all earth moving and
landscaping shall be accomplished so that all return flow and waste water from Irrigation will
return to the historic point of discharge. For example, historic flows for Basin 3 discharges into
Koenig Reservoir and at a point east of the POA described in the Final Drainage Report.
Surface historic drainage patterns, as shown in the report, will be maintained with the proposed
grading flan.
13. The site design for the proposed development indicates that the rail spur will be in close
proximity to RFDC main concrete ditch at the northeast corner of the site. Most of the ditch in
this area is relatively new, completely redone within the last 4 years. RFDC concerns are that
the repeated vibrations from the train running pass the ditch will cause structural damage, ditch
failure and interruption of water delivery. The applicant indicates that at least 3 unit trains will
traverse the spur each week. Studies have shown that trains running past structures can
actually make the earth around them move, over time, rumbling vibrations from the passing
trains can affect the structural integrity of the structure. RDFC requests that the county require
the applicant to address this issue by conducting engineered tests or modeling the affects of the
train vibrations would have on the structural integrity of RDFC concrete -ditch. If there are
potential issues, require the applicant to mitigate the problem.
In the new revised site plan, the rail has been pulled back another approximately 450 feet from
the RDFC main line. /n addition, Weld County contains over 275 miles of rail that provides
significant economic benefit to the region through the transportation of goods and services with
no effect to the structural integrity of said ditches.
Looking at the alignment of The Farmer's Ditch it was noticed that the ditch runs closer and
crosses the Union Pacific and Great Western rail lines at closer distances than the proposed
Highway 34 Site rail alignment
14. RFIDC notifies the applicant and County that there may be subsurface waters that arise in
the areasof this development and that there are periods of time when, due to water flowing
within the ditch system and otherwise; that portions of the proposed development site receives
significant amounts of subsurface water that is very near to the surface, or resides on the
surface. Due to this problem; the utility of certain portions of the site for construction of
structures could potentially be unavailable. RFDC has no plans to alter its operation to resolve
this surface and subsurface water issue.
Martin Marietta understands this to be the case.
15. The land for the proposed development and surrounding agriculture lands are considered
"prime farm land" under the Federal Farmland Protection Policy Act 1951, 1-25 Environmental
Impact Statement and Weld County Comprehensive Plan. RDFC respects land owner rights,
however, being an agriculture ditch company we do not see that this proposed development
which reflects Weld County "industrial zoning" is compatible with surround agriculture uses and
would not meet Weld County policy and goal for agriculture benefit.
The lard is currently partially developed and the portion that will be removed from agriculture
has been kept in pasture grass and is not a significant generator of food product for people or
animals. Therefore, the agricultural land being removed from production has not been used as
prime agricultural production land. The property is in an area that is planned for future
development and the property owner is pursuing the option of developing their property in order
to achieve the highest and best use of their property considering its location in relation to the
Union Pacific Railroad tracks, WCR 13, and Highway 34.
In addition, conversion of the property for development is supported by the Weld County Code.
According to Weld County 3. A. Policy 7.3., ",Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area
or Urban Development Nodes, or where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be considered, but should not
determine the appropriateness of such conversion."
If you have any questions or comments regarding our responses to the Reorganized Farmers
Ditch Company's comments, please feel free to contact me at 720-864-4600 or at
fernando.deImonte@tetratech.com,
AGPROfe ssionals
DEVELOPERS OF AGRICULTURE
17. Improvements Agreement
Weld County Change of Zone Application
Prepared for
Rock & Rail, LLC
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, USRIS-0027 - HIGH RAIL HOLDINGS, LLC, AND
GERRARD D INVESTMENTS, LLC, C/0 MARTIN MARIETTA MATERIALS, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on August 12, 2015, the Weld County board of Commissioners approved an
Amendment to a Site Specific Development Plan and Use by Special Review Permit,
USR15-0027, (formerly known as U R-1584), for Weld LV, LLC, 3821 Derby Trail, Round Rock,
TX 78681, and Gerrard Investments, LLC, 27466 CR 13, Loveland, CO 80534, do Martin
Marietta, 10170 Church Ranch Way, Suite 201, Westminster, CO 8OO21 r for any Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (construction business with two shop/buildings, office buildings, and outdoor
storage) provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions to include a
Mineral Resource Development Facility, including asphalt and concrete batch plants (materials
processing) and transloading oading in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE -2803; being part
of the SW1/4 and SE1#4, and a tract being part of
the SW1/4, all in Section 18, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on October 3, 2016, the Weld County Commissioners approved an Amended
Resolution to include more complete Findings of Fact supporting the Board's decision on
August 12, 2015, for the purpose of complying with the Court's Order of Remand in the case of
Motherlove Herbal Company, et al, v. The Board of County Commissioners of Weld County, et
al, Case No. 2015 CV 30776, and
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 Off -site Improvements between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and High Rail Holdings, LLC, and
Gerrard Investments, LLC, c/c Martin Marietta Materials, Inc., with terms and conditions being as
stated in said agreement, and
WHEREAS, the Board has been presented with Performance Bond #016070497 from
Liberty Mutual Insurance Company, in the amount of $5,803,977.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Performance Bond, as stated above, copies of which are attached hereto and
incorporated herein by reference.
cve, Wtyp&-.
92o -r7
2016-3738
PL 360
IMPROVEMENTS AGREEMENT HIGH RAIL HOLDINGS, LLC, AND GERRARD
INVESTMENTS, LLC, /C MARTIN MARIETTA ETTA MATERIALS, INC.
PAGE 2
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 Off -site Improvements between the County of Weld State of Colorado,
by and through the Board of County Commissioners of Weld County, and High Rail Holdings,
LLC, and Gerrard Investments, LLC, do Martin Marietta Materials! Inc., be, and hereby is,
approved,
BE IT FURTHER RESOLVED that Performance Bond #016070497 from Liberty Mutual
Insurance Company, in the amount of $5,803,977,00, be and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is: authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of December, A.D., 2016.
BOARD CF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: _act} ,, jidtAk,
Weld County Clerk to the Board
APP
puty Clerk to the Board
ounty Attorney
Date of signature:. ti's ��gie
Mike Freeman, Chair
Sean P. Conway, Pro -Teri
� XCUSED
rbara Kirkmeyer
Steve Moreno
2016-3738
PL2360
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For:
High Rail Holdings L C„ Gerrard Investments LLC C/O Martin Marietta Materials the, — U R 15 -002 7
EIVED
DEPARTMENT: Public Works DATE: 11/8/2016
PERSON REQUESTING: Evan Pi am
Brief description of the issue:
The Department of Public Works received a request from the applicant, Martin Marietta Materials, Inc.,
requesting that the Board of County Commissioners consider approving the Improvements Agreement for the
asphalt and concrete batch plant facility, (USRI 5-00 7), located on CR 13 south of State Highway 34.
NOV 2 9 2016
W EISQ COUNTY
COMMISSIONERS
Weld County Public Works, Planning Services and the County Attorney's ney's Office have reviewed the above -mentioned
signed original document and observed the following:
All Public Works related items, ofthe "Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For improvements", are found to be acceptable. The Agreement has been signed by Jay
M c Donal dlPub lic Works Director.
The Department of Public Works received a request from the applicant, Martin Marietta Materials, inc., requesting that
the Board of County Commissioners consider accepting off -site collateral in the form of a Performance Bond from Liberty
Mutual Surety in the amount of $5,803,977.00, for the above -mentioned Improvements Agreement,
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda,
2. Rave 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 and the acceptance of off -site collateral for (U S R 15 -002 7), and that this item be placed on the next regularly
scheduled BOCC Hearing, as part of the Consent Agenda.
Mike Freeman, Chair
Sean P. Conway, Pro -Tern
Julie A. Cozad
Barbara Kirluneyer
Steve Moreno
Approve Schedule as Regular
Recommendation
40,
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2016-3738
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they hale no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7117453
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the Slate of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the. laws of the State of Indiana (herein collectively called the 'Companies), pursuant to and by .authority herein set forth, does hereby name, constitute
and appoint, Byron Creech; twisty U '. Kreizscfirnar Perinea, L. Gomez Porras„ Todd Grump
all of the city of Rar gh , state of NC each Thdly dually inhere be more Shari one named; its true and lawful attomey-in4aCt to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, rec ognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their awn proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the parpQrate seals of the Companies have been affixed
thereto this 12th day of October ,.U15
American Fire and Casually Company
The Ohio Casualty Insurance Company
Liberty Mutual insurance Company
West rnerican Insurance Company
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
On Ibis 12th day cif Ocicypief2015 , before me persoonally appeared David M, Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, bung authorized so to dc,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer,
iN WITNESS WHEREOF, f havo hereunto subscribed m name and affixed my notariaE seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
COMMONWEALT:H OF PENNSYLVANIA
Notarial Seal
Teresa Pestella, Notary Publkk
Plymouth t wrp Vor tipartrory County
My CnmmissiC41 E xW;res March 28, 2017
MenLSSt, PennsylvaniaAsaocIation ettNatimits
By:
David M, Car Assistant Secretary
Edit Alf)
Teresa Pastella, Notary Rieke
This Power of Attorney is made and executed pursuant to an by by authority of the following By -taws and Authorizations of Arr>er'rcao Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV OFFICERS —Section 12. Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subiect
to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, reccgnizanoes and other surety obligations. Such attorneys -in -fact, subject to the limitations sat forth in their respective
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-faet under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority,
ARTICLE XIII - Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the presiJent,
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute,
seat, acknowledge and deliver as surety any and all undertakings, bonds, reco9nizences and other surety obligations Such attorneys -in -tact subject to the limitations set forth In their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so
executed such instruments shall be as bindir7g as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Casey, Assistant Secretary to appoint such attorneys -iris
fact as r aay be necessary to act on behalf of the Company lo make, execute, seal. acknowledge and deliver as surety any and all undeftakin.gs, bonds. recognnizanccs and other surety
obligations.
Authorization - By unaniieous consent of the Company's Board ul Directors. the tympany consents that facsimile air mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a codified copy of any power of attorney issciad by the Company in connection with surety bonds, shall be valid and biro+:ling upon the Company with
the same force and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Sei< etaryr, cif American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the toregeirg is a full, true and cowed dopy of the Power of Attorney executed by said
Companies, is in full farce and effect and has not been revoked,
IN TETIM NY WHEREOF, I have hereunto set r yr hand and affixed the seals of said Companies this r� day of 0
By:
Gregory W Davenport, Assistant Secretary
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LMS 12973,122013
296 of 300
Liberty Mutual Surety
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462
PERFORMANCE
KNOW
ALL
BY
THESE
BOND
PRESENTS,
That
we, Martin
Marietta
Materials,
Inc.
Bond
016070497
1800
N
Taft
Hill
Road
,
Fort Collins,
CC) 80521
(hereinafter
called
the
Principal),
as
Principal,
and Liberty
Mutual
Insurance
Company
, a corporation
duly
organized
under
the
laws
of
the
State
of
Massachusetts
(hereinafter
called
the
Surety). as Surety, are
held
and
firmly
bound unto
Weld
County
1555
N 17th
Ave,
Greeley,
Colorado
80631.
Tel;
(970) 353-6100 , (hereinafter
called
the
Obligee),
in the
sum of
Five
Million
Eight
Hundred
Three
Thousand
Nine
Hundred
Seventy-seven Dollars
And
Zero Cents
($ 5,803,977.00 ) Dollars,
for the
payment of which
sum well
and truly
,jointly
to
Signed
be
made,
and
and
we,
severally,
sealed
the
this
said
firmly
Principal
by these
26th
and
presents,
the
said
Surety,
day
of
bind
ourselves,
our heirs, executors, administrators,
September n 2016
successors and assigns,
.
WHEREAS
said
Principal
has entered
into
a written Contract with
said
Obligee,
dated
September
26, 2016
for completion
of
road
improvements
and
road
maintenance
of
Highway
34
Development
in Johnstown
- U S
R 15-0027.
S
in accordance
with
the
terms and
conditions
of
said
Contract, which
is
hereby referred
to and
made
a part
hereof as if
fully
set
forth
herein:
NOW,
keep,
Principal
reimburse
of
NO
within
said
SUIT,
do
Principal
two
THEREFORE,
and
kept,
to
ACTION
(2)
the
perform
years
done
above
so
to
and
do,
OR
following
THE
each
named
then
CONDITION
and
performed,
PROCEEDING
this
the
Obligee,
every,
obligation
date
all
at
on
all
the
OF
loss
by
which
and
times
shall
the
THIS
singular,
and
Principal
Obligee
and
damage
be
OBUGATION
null
in
the
and
to
the
ceased
matters
which
recover
void;
manner
work
IS
said
otherwise
and
on
SUCH,
in
on
Obligee
this
things
said
said
shall
bond
Martin
That
contract
Contract.
1600
in
may
said
remain
shall
if
sustain
the
Marietta
N
contract
specified,
Taft
above
in
be
by
sustained
full
Hill
reason
Materials,
bounden
set
force
Road
or
forth
shall
unless
of
and
,
Principal
Fort
and
pay
failure
effect.
Inc.
the
specified
over,
or
same
Collins,
shall
default
make
be
well
to
CO
commenced
be
on
B0521
and
good
the
by
truly
said
and
part
By
7
principal
Cram
Liberty
Byron
Mutual
rehr
Insurance
Vice
President
Company
and Treasurer
D
de By
r
.-, t
,
, a4J `
-in
Rebeca
L Gaffiez
Porrai Attorney
-Fact
S-0757/LM 10/99
xoP
When Recorded Return To:
[ l
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING OLLATER A.L FOR IMPROVEMENTS
High Rail Holdings LLC, & Gerrard Investments LLC C/O Martin Marietta Materials, Inc. —
USR15-0027
THIS IM ROVES A ENTS & ROAD MAINTENANCE AGREEMENT ENT ("Agreement") is
made this /orday o *' s , a 2011p, by and between, High Rail Holdings LLC, & Gerrard
Investments LLC, hereinafter referred to as "Property Owner," Martin Marietta Materials, Inc.,
hereinafter called "Lessee," and the County of Weld, by and through its Board of County
Commissioners ("130CC"), hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the property described in the application to Use
by Special Review USRI 7, referred to as "the Property," which has been approved by the
County, and
WHEREAS Lessee has leased the Property from the Property Owner, and
WHEREAS, as a condition of approval ("COA"J of U S R 15 MO 7, the Property Owner and
Lessee agree to complete the improvements required by this Agreement pursuant to: (i) Exhibit A
(Costs) (ii) Exhibit B (Schedule), (iii) Exhibit C (Conceptual USR Map), (iv) Exhibit D (Conceptual
Accepted Right of Way Permit including Construction Plans) and (v) Exhibit E (On -Site
Improvements), copies of which are attached to this Agreement and incorporated and made a part
hereof The Conceptual Accepted Construction Plans are attached as Exhibit D to this Agreement,
although the entire set of Final Accepted Construction Plans will be Exhibit D for purposes of this
Agreement. The Final USR Map, found at Reception No. 4333463 with the County Clerk and
Recorder, and the Final Accepted Construction Plans on file with County Public Works, are
incorporated into this Agreement as supplements to Exhibits C and D. Both the Conceptual Accepted
Construction Plans and Final AcceptedConstruction Plans shall be referred to as "Construction
Plans," Similarly, both the Conceptual USR Map, and the Final USR Map shall be referred to as the
"USR Map."
WHEREAS, the parties agree that the Property Owner and Lessee shall provide collateral for
all off -site improvements required by this Agreement before the Property Owner and Lessee submit
and receive approval of an application for a Building Permit or for a Right -Of -Way Permit for
construction of accesses and work within the County and/or State of Colorado Right -Of -Way, or at a
time determined acceptable by the Board of County Commissioners.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
Part 1 (of 2)Site S eci_f is Provisions
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Carly Kapplall Weld County, CO
Clark and 'R*oor, d r �r
w�174ti II I
gleotor.'7
A. Required Off -Site Imperovements : Additional Off -Site Improvements not enumerated in this
Section A., may become part of this Agreement, after written notice to the t`Owner Property
by the {a „ �' �and Lessee
County, pending final review by the County of the Rail Pros Railroad. Diagnostics performed
on 10/8/15 at associated railroad crossings for LJSR1 S-0027. This may include improvements to
crossings mentioned in COA 1.C. of the Board of County Commissioners' Resolution approving USR
15-0027.
1.0 Weld County and State Highway Roadways_; The Property Owner and Lessee shall be
responsible for the construction and maintenance of the following off -site safety improvements, � s, as
described iii the accepted. Exhibit C (USR Map) and/or Construction Plans (Exhibit 0):
IA Construction of adequate turning radii sixty (60) feet at the main entrances and exits
which extend partially into CR 13 right-of-way, (ROW); along with the following;
I . Installation of a southbound left deceleration lane at the Property
Owner and Lessee's facility entrance.
2. Installation of a northbound right acceleration lane at the Property
Owner and Lessee's facility entrance.
3. Installation of a northbound right deceleration lane at the Property
Owner and Lessees facility entrance.,
Installation of a traffic signal at the intersection of CR 13 and
U.S. Highway 34.
.
5 Upgrade of the existing auxiliary turn lanes on U.S. Highway
34. The turn lanes will be brought up to current COOT standard
for length, taper, and storage, unless waived by CDOT.
1,2 Drainage installations;
1.3 Signage Installations;
144 Standard County approved tracking control, placed across the entire width of the
roadway, to ensure a complete revolution of the truck tires in order to minimize the tracking
of mud and debris onto the adjacent County Road;
Granting of any new point of access may generate additional obligations with County for -Off -
Site Improvements and the need to post additional "Road Maintenance Collateral", - if ,a
pplicable. A
County access permit is needed for every access to a County road.
2.0 Roadimprovements Responsibilities: Property Owner and Lessee are solely responsible for
all designated improvements and for all expenses associated therewith.
3.0 Timing of trriprovements: Subject to the provisions of Weld County Code and any conditions
or considerations granted by the Board of County Commissioners, Property Owner and Lessee shall
commence the aforementioned off -site improvements and on -site improvements listed on Exhibit E
upon the ocCIHTence of the triggering event for each improvement, namely the application for the
Building Permit (for on -site improvements) or Right -Of -Way access permit (for off -site
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Carly Kappa.) Clerk and ReoDrder• , Weld County, CO
®1111
improvements excluding railroad crossing improvements) and shall complete the aforementioned
improvements prior to the commencement of external sales activities on the Property (except for those
on -site improvements anticipated to be completed by the end of 2017 pursuant to Section C,3). The
timing of required improvements will be in accordance to this agreement and the attached exhibits,
including Exhibit B.
40 Railroad Improvements: Union Pacific applied for a railroad diagnostic for the crossings of
CR 13, CR 54, CR 52, and CR 17 which determined improvements may be needed with the increase
of Property Owner and Lessee's train traffic at these locations that would require the installation of
crossing arms or signals. if any improvements are required at any of these locations as a direct result
of the additional trains visiting the Property Owner and Lessee's facility (U R15-0027), Property
Owner and Lessee will be responsible for the County's portion of improvement costs for the following
crossings:
a. CR 17 Union Pacific Crossing south of US 34
b. CR 13 Great Western Crossing south of US 34
c. CR 13 Union Pacific Crossings south of US 34
d. US 34 Great Western Crossing east of CR 13
The crossings for the Union Pacific crossing on CR 17 and CR 13 are to be re-evaluated to determine
when improvements to the crossings are required because of train traffic visiting Property Owner and
Lessee's facility.
a. CR 13 Union Pacific Crossing south of US 34 a year after Property Owner and Lessee's
facility is operational or January 1, 2018, whichever comes first. If no improvements are
required at that time, the intersection will continue to be evaluated for potential required
improvements on an annual basis.
b. CR 17 Union Pacific Crossing south of US 34 two years after Property Owner and Lessee's
facility is operational or January 1, 2018, whichever comes first. If no improvements are
required at that time, the intersection will continue to be evaluated for potential required
improvements on an annual basis.
B. Haul/Travel Routes
1.0 jstab1ished Haul Routes from the Property Owner and Lessee's facility access point:
1.1 Haul vehicles shall enter or exit Property Owner and Lessee's facility at the County
approved access onto CR 13 and then shall disperse north to U.S. Highway 34 and south
to CR 54 (the "Haul Routes")4 My County road routinely utilized by Property Owner and
Lessee's haul traffic may become part of the established Haul Routes.
1.2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
1.3 In unusual or rare occasions, ifparticular projects mandate deviation from the Haul Routes,
the County may approve a deviation for a limited period of time((not more than thirty days).
If County approves such deviation, haul vehicles will utilize paved county roads whenever
possible. A deviation from the established Haul Routes lasting more than thirty (30) days
or requests for two or more deviations within a twelve month period shall be subject to the
terms of Section B.4.0. In the event that Haul Route traffic in excess of 15% of the daily
facility haul vehicle trips utilizes alternate haul routes, the provisions of Section 4.0 of this
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Carly Koppers, Clerk and Recorder; Weld County; CO
111 FM Wel MID Rail 111
Section B shall be triggered.
2.0 No Deviation from Approved Maul Routes: Except under the provisions provided in Section
B.1.3, no deviation in the use of any roads other than those Haul Routes specifically authorized for
use in this Agreement is permitted without the prior written amendment of this Agreement.
3.0 Hail Route S n agc(I f Applicabtel Property Owner and Lessee shall install haul route signs,
as per MUTCD standards, at all exit points of the Property which can be clearly seen by drivers
leaving the Property Owner and Lessee's facility and which clearly identify the County approved
Haul Routes.
4.0 Effect of Future Changes to Haul Routes: Any future changes to Haul Routes requiring use
of unpaved County roads may require dust control or paving of such roads, as defined by an
amendment to this Agreement. In such circumstance, County will determine the proportionate share
of dust control and/or paving costs to be paid by Property Owner and Lessee based upon then current
vehicle trip counts that identify traffic loading due to Property Owner and Lessee's facility
("Proportionate Share"). The amount and extent of dust control and/or- paving measures will be
determined by site -specific conditions at the time, as determined exclusively by County personnel.
5.0 OCR' -Site Dust ControliAbatement The Property Owner and Lessee are required to provide
dust abatement along affected Haul Routes approximately two to five times per year, as determined
by the County, County will determine the Proportionate Share of dust control to be paid by Property
Owner and Lessee. The amount and extent of dust control measures will be determined by site -
specific conditions at the time, as determined exclusively by County personnel. The County reserves
the right to install traffic counters on the driveway(s) of the Property Owner and Lessee's facility,
For purposes of dust abatement, the County will have sole responsibility for determination of the
percentage of haul route traffic on all affected roads, pursuant to Section 10, Part l of this Agreement.
6,0 Obligation to Maintain Current and Future Haul Routes: Property Owner and Lessee will be
financially responsible for the excavation, repair, and patching of any damage on current or future
Haul Route r
roads, which in the reasonable opinion of County has been created by vehicle traffic to
and from the Property, Should Property Owner and Lessee's site activities or vehicle circulation
patterns change in the future so that County approves an alternate haul route, and all or a significant
portion of Property Owner and Lessee's sourced traffic no longer utilizes the Haul Routes and instead
utilizes other portions of County roads, Property Owner and Lessee shall cooperate with County in
maintenance of said roads which are included within the new haul route. The type and method of
repair will be determined by the County Engineer or his representative in their reasonable discretion.
Repairs shall commence within 48 hours of notification by the County for any roadway damage that
exposes the driving public to adverse or unsafe driving conditions. All other repairs shall commence
within thirty (30) days of receipt of the County's written notice.
6.1 Need for Immediate Repairs: In the event of damage to a Haul Route by Property Owner
and Lessee's facility traffic that causes an immediate threat to public health and safety or
readers the road impassible ('Significant Damag&').. County shall, after inspection, notify
Property Owner and Lessee of such Sigriilhcant Damage. Property Owner and Lessee shall
identify the repair required and shall consult with County on the extent, type, timing,
materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24)
hours after receipt of such notice and shall commence such repair within forty-eight (48)
hours after receipt of such notice. If such repair is not commenced within such forty-eight
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Carly Koppel. Clerk and Recorder, Weld County, CO'
�llllinYIPINIIM NiMaiiitileilk
(48) hour period, County shall have the right to draw on the Road Maintenance Collateral
and use such funds to perform such repair. If Property Owner and Lessee identifies
Significant Damage prior to receiving notice thereof from County, Property Owner and
Lessee 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).
6.2 Repair of Road: On or before December 31 of the calendar year in which County staff
has reasonably determined through site analysis and/or pavement testing that a particular
Haul Route road portion will require paving measures in order to protect the public health,
safety, and welfare ("Off -Site Improvement/Repair"), and has budgeted sufficient funds
for the following calendar year to pay its Proportionate Share of the Off -Site
Improvement/Repair costs, County shall notify Property Owner and Lessee in writing that
the Off -Site Improvements/Repair shall be undertaken and shall provide information,
within the County's discretion, regarding the County's site analysis and pavement testing
in order for Property Owner and Lessee to prepare plans, within ninety (90) days of its
receipt of County's notice of the need to undertake the Off -Site Improvementaepair- and
sufficient site analysis information, Property Owner and Lessee shall, based on conferral
with the County, either (1) submit Off -Site Construction Plans and Cost Estimates to
County for review; or (ii) submit funds for Property Owner and Lessee's Proportionate
Share of the Off -Site Improvement/Repair which the County will complete. If Property
Owner and Lessee are responsible for the construction of the Off Site
Improvement/Repair, Property Owner and Lessee, as well as any other party responsible
for maintenance of the road, shall have sole responsibility for the completion of the Off -
Site Improvement/Repair on or before December 15 of the year following County's notice
of the need for Off -Site Improvement/Repair. If the County is responsible for a
Proportionate Share of the Off -Site Improvement/Repair, upon the County's acceptance
of the completed of Site Improvement/Repair, the County shall pay Property Owner and
Lessee, as applicable, its Proportionate Share.
6.3 In County's sole discretion, County may undertake the Off -Site improvement/Repair.
Property Owner and Lessee's payment for its Proportionate Share of the Off -Site
Improvement/Repair will be calculated as described in Section 10, Part 1 of this
Agreement.
7.0 lumual Road Inspection: County will conduct a road inspection annually with the cooperation
of Property Owner and Lessee and all other property owners and/or lessees who are required by
County to participate in road improvement/maintenance agreements. As a result of the annual
inspection, County, in its reasonable discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that
construction season. Notification to the Property Owner and Lessee of the required Off -Site
Improvement/Repair will be given pursuant to Section 6.2 of this Agreement.
890 Future Improvements to Haul Routes: If traffic volume or conditions attributable to Property
Owner and Lessee's facility require future improvements to be made to the Haul Routes, including
intersections, the County may require Property Owner and Lessee to pay a Proportionate Share of the
cost of the entire project. Future improvements will be subject to any Federal, State or County
regulations in place at the time the improvement project is initiated.
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any KOppio, Clark and Rsoordir, Wild County, CO
111 leinghingliPrging
Due to the increased traffic volumes at Property Owner and Lessee's facility below is a list of
triggers for the improvements for the upgrading, widening, and/or paving of County maintained
roads in the area of the Property Owner and Lessee's facility entrance:
a. 200 vehicles per day Mag-Chloride
b. 300 vehicles per day Alternate Pavement
c. 400 vehicles per day Asphalt Pavement
Property Owner and Lessee will be responsible for the installation of auxiliary lanes at the
intersection of CR 54 and CR 13 when triggers are met. A southbound right turn lane will be required
when 25 vehicles per hour (vph) attributable to Property Owner and Lessee's facility turn right onto
CR 54 during a peak hour. A westbound right deceleration lane will be installed on CR 54 when 25
vph attributable to Property Owner and Lessee's facility turn right onto CR 13 during a peak hour.
9.0 Fie Road Replacement: At any time in the futures if, in the reasonable opinion ofCount ,
road damage increases beyond the point that repair of damage l� p cannot maintain the road in a safe and
usable condition, Property Owner and Lessee shall pay its Proportionate Cost of a complete road
restoration, Notification to the Property Owner and Lessee of the required roadway replacements will
be given as soon as the data becomes available and pursuant to Section 6, Part 1 of this Agreement,
g a
and typically takes place before the end of the year prior to the start of the replacement project.
10.0 Proportionate Share p1 Road Maintenance Responsibilities:
10.1 Property Owner and Lessee shall pay its proportionate share of costs ('Proportionate
Share") of dust control/abatement, pa ving, repairs, maintenance, improvements, or future
road replacement of any particular Haul Route Road. Property Owner and Lessee's
Proportionate Share shall be based upon the percentage of traffic on the road that is
attributable to Property Owner and Lessee's facility. County personnel will determine the
percentage based on then current Equivalent Single Axle Load (ESAL) Counts, Property
Owner and Lessee shall not be responsible for traffic that is not sourced from the Property
y
Owner and Lessee's facility.
10,2 As part of any notification regarding improvements or maintenance, the County shall
notify Property Owner and Lessee of County's preliminary determination and assessment
of Property Owner and Lessee's Proportionate Share of costs. Prior to County's final
determination and assessment, County shall provide Property Owner and Lessee 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 and Lessee's input prior to making a final determination and
assessment. The County shall have sole responsibility for determination of Property
Owner and Lessee's Proportionate Share of costs.
11. Road Maintenance Collateral: Property Owner and Lessee shall post Road Maintenance
Collateral as described by Part 2 of this Agreement.
On -Site Improvements Buildings at the Property Owner and Lessee's facility will be painted
an earth tone pursuant to COA 1.1+11 and the appearance will be designed based upon consultation
by Property Owner and Lessee with the Community Work Group (as defined in the Board of County
Commissioners' Resolution approving USR 15-0027). All On -Site Improvements shall be
constructed in compliance with the final approved USR 15-0027.
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Carly Kopp'■, Clark and Recorder, Wald County, CO
rI'iwwPh alu + Bar �� II III
VIII
1.0 Landscap n , .and Fencin. uirements: Property Owner and Lessee shall at its own expense,
plant, install and maintain all grass and other landscaping and re -seeding where applicable as shown
on the accepted Construction Plans and/or LI R Map, Additionally, pursuant to COA 1.H.5, the
Property Owner and Lessee shall install and/or maintain decorative fencing in key areas based upon
consultation by Property Owner and Lessee with the Community Working group, to landscape/screen
the property where applicable as indicated on the accepted Construction Plans and/or USR Map. In
the event any of these improvements may include work extending into State or County Right -Of -
Way, a Right -Of -Way or access permit is required. Property Owner and Lessee will set up a
$100,000.00 landscaping fund in escrow to be managed by Property Owner and Lessee and the
Community Work Group to fund landscaping for installation on the lots of adjacent landowners with
views of the Property Owner and Lessee's facility. Under no circumstances is the County obligated
to manage or fund the landscaping fund.
2.0 OmSite Grading, Drainage Facilities and Paving: Property Owner and Lessee shall, at its sole
expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas,
and install accepted drainage and signage ge components, adjacent to or within the interior portion of
the Property in accordance with the directives of the Weld County Department of Public Works and
Department of Planning Services, as further described in the accepted Construction Plans and USR
Map. Any other on -site improvements shall be completed as indicated on the accepted Construction
Plans for Property Owner and Lessee's facility (USR15-0027). Property Owner and Lessee shall be
responsible for all maintenance of the on -site improvements. Additional on -site infrastructure
improvements will be addressed at the time of application for any future amended USR. Some of
these improvements may include work extending into State or County Right -Of -Way in which case
a Right -Of -Way or access permit is required.
3.0 Timing of Improvements:, Subject to the provisions
of Weld County Code and any conditions or considerations granted by the BOCC, Property Owner
and Lessee shall not be required to initiate any applicable landscaping requirements until the
occurrence of the triggering event for each improvement, or an amendment to the existing USR.
Specifically, Property Owner and Lessee shall commence and complete landscaping improvements
along the entrance of the Property, which includes a concrete wall, vegetation and decorative fencing,
prior to the commencement of external sales from Property Owner and Lessee's facility, and Property
Owner and Lessee shall commence landscaping improvements along the northern and western
boundaries of the Property once the railroad line is installed and the berm is constructed and shall
complete said landscaping improvements by the end of 2017. Except with prior County consent,
Property Owner and Lessee shall post collateral for all off -site improvements before Property Owner
and Lessee receives approval of any Building Permit or application for a Right -of -Way Permit for
construction of accesses and work within the County and/or State of Colorado Right -of -Way based
on the final Construction Plans for improvements. Access and/or Right -Of -Way permits might also
be required prior to approval of the grading permit. Any alterations to the accepted Construction
Plans for improvements must be accepted in writing by the County Planning and Public Works
Departments. At that time, and unless otherwise amended, Property Owner and Lessee agrees that all
landscaping and other on --site improvements shall be completed within the parameters established in
this Agreement. The timing of required improvements will be in accordance to this agreement and
the attached exhibits, including Exhibit B.
`Enid of Part I
U:\Engineering\PLANNING - DEVELOPMENT' REVJE W\ -2O J 5 Planning Ret'errals\USR 15\U S R 15-00? 7 Mariettallinproverents
Agreetnen I\M artin Marietta (USA 15-002 7) - Part 1 Final 1. Update I I 0-28-16 0ncx
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Arty Kopp■s. Clerk and Racordsr f Weld County', CO
in Mi,I 1 OA °Pi i • III
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
High Rail Holdings LLC, Gerrard Investments LLC C/O Martin Marietta Materials, Inc, —
Ux 5-0027
Part 2: General Provisions
General Reguirements:
1.0 Enginee
ring Services: Property Owner and Lessee shall furnish, at its own expense, all
engineering services in connection with the design and construction of the improvements identified
on the accepted Construction Plans according to the Schedule set forth in Exhibit ".B," both of
which are attached hereto and incorporated herein by reference.
1.1 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 County
Code for public improvements and the County Engineering and Construction Criteria
Guidelines.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission of
necessary documents to the County.
1.3 Property Owner and Lessee shall furnish construction drawings for the road
improvements on public rights -of -way or easements and all improvements interior on
the Property for approval prior to the commencement of construction of such
improvement,
IA Construction Standards: All improvements shall conform to the "Standard
Specifications for Road and Bridge Construction" provided by CDOT.
2.0 Rights -of -way and Dedication of Right -of -Way: If necessary, Property Owner and Lessee
agrees to acquire any property interests, such as right-of-way, utility or access easements,
necessary to complete any improvements required by this Agreement. Any rights -of -way to be
dedicated to the County shall be conveyed by appropriate deed and, after acceptance by the
County, recorded in the records of the Weld Count Clerk and Recorder.
3.0 Construction: Property Owner and Lessee shall furnish and install, at its own expense, the
improvements i denti f ed on the accepted. Construction Plans and LU R Map, and be solely
responsible for all associated costs. All improvements must be completed in accordance with the
Schedule set forth in Exhibit "B". The Board of County Commissioners, at its option, may grant
an extension of time upon application by the Property Owner and Lessee.
3.1 Said construction shall be in strict conformance to the plans and drawings accepted by
the County and the specifications adopted by the County such that only non -material
changes may be allowed.
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Carly Kcppnn r Clerk and Recorder. Weld County, CO
3.2 Property Owner and Lessee shall employ, at its own expense, a qualified ted 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 and Lessee shall employ at its
expense a third party qualified testing company approved by County. Such third party
shall furnish the certified results of all such testing to the County.
3.3 At all times during said construction, the County shall have the right to test and inspect,
or to require testing and inspection of material and work, at Property Owner and
Lessee'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 and Lessee.
3.4 Permits. Property Owner and Lessee must still apply for and abide by the terms of any
necessary right-of-way permits, grading peimits, ts, and building permits. No work may
occur in the County's right-of-way without a County -issued right-of-way permit and
access permit.
4.0 Release o l Liability: Property Owner and Lessee and Property Owner shall indemnify and
hold harmless the County from any and all liability loss and damage County may suffer as a result
of all suits, actions or claims of every nature and description caused by, arising from, or on account
of said design and construction of improvements, and pay any and all judgments rendered against
the County on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the liability, loss
or damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees, or otherwise, except for the liability, loss, or damage arising from the intentional torts
or the gross negligence of the County or its employees while acting within the scope of their
employment. All contractors and other employees engaged in construction of the improvements
shall maintain adequate worker's compensation insurance and public liability insurance coverage,
and shall operate in strict accordance with the laws and regulations of the State of Colorado
governing occupational safety and health.
5.0 Acceptance of Off -Site Improvements by the County: Upon written request by the
Property Owner and Lessee, the County shall accept the Property Owner and Lessee's off -site
improvements, if the following conditions are met;
• The off -site improvements have been completely constructed, and
The Property Owner and. Lessee's Engineer has filed a Statement of Substantial
Compliance, and
• The County Engineer has inspected the improvements and agrees they are complete.
5.1 The County does not represent that the improvements will be constructed and/or
available for their intended use(s). The County does not assume liability for
improvements designed and/or constructed by others.
5.2 If approved by the County Engineer, portions of the improvements may be placed in
service, but such use shall not constitute an acceptance by the County.
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ly Kopp*s, Clerk and Raccrdtr, W.id County, CO
TiWh J
5.3 County may, at its option, issue building permits for construction for which the
improvements detailed herein have been started but notcompleted according to the
Schedule shown on Exhibit "B," and may continue to issue building permits so long as
the progress of work on the USR improvements in that phase of the USR is satisfactory
to the County, and all terms of this Agreement have been faithfully kept by Property
Owner and Lessee.
6.0 Warranty Period: Property Owner and Lessee agrees to warrant the improvements for two
years from the date the improvements are accepted by the County. Upon completion of the two-
year warranty period and at the request of the Property Owner and Lessee, the County Engineer
shall inspect the improvements and direct the Property Owner and Lessee to correct any
deficiencies. The County Engineer shall re -inspect after all corrections have been completed. If
the County Engineer finds that tile improvements are constnicted according to County standards
and the accepted Construction Plans, he/she shall recommend full acceptance. Upon receipt of the
County Engineer's unqualified recommendation for acceptance, the County shall accept the
improvements.
7.0 General Requirements for Collateral: County requires Property Owner and Lessee to
provide collateral to guaranty all of Property Owner and Lessee's obligations under this
Agreement: (1) Project Collateral for completion of off -site improvements described in this
Agreement; (2) Warranty Collateral required for all improvements during the warranty phase; and
(3) Road Maintenance Collateral Of Applicable) to be kept in place for the life of the permit.
7.1 Project Collateral — Property Owner and Lessee shall submit Project Collateral in a
form accepted by Weld County to guarantee completion of any off -site improvements.
Such collateral must be equivalent to One -Hundred Percent (100%) of the value of the
improvements as shown in this Agreement. This collateral must be submitted to County
upon the execution of this Agreement, or at a time determined acceptable by the
County, and shall be held in total by County until such improvements are accepted and
collateral is released by the County.
7.2 Warranty Collateral for all offasite improvements shall be submitted to County and
shall be held in total by the County for two (2) years following its written acceptance
of the improvement(s).
73 If required by Part 1 of this Agreement, Road Maintenance Collateral shall be
submitted to County at the time of approval of this Agreement. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
submitted amount shall be $3,600,00 for facilities adjacent to paved haul route roads
or $2,400 ,00 for facilities adjacent to gravel haul route roads.
7.4 Collateral maybe in any form permitted by Weld County Code Chapter 2, Section 3.
7.5 The Board of County Commissioners reserves the right to reject collateral as permitted
by Weld County Code Chapter 2 Section 3.
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Carly Kapp41, Clark and Recorder, Wald County, CO
III
iiu
7.6 Collateral shall be released in accordance with the provisions of Weld County Code
Chapter 2 Section 3.
B. Violations of A reem t ��„d Remedies
1.0 Violation of Terms_ ol__ reernent: If in County's opinion, Property Owner and Lessee has
violated any of the terms of this Agreement, County shall so notify Property Owner and Lessee
and shall state with specificity the facts and circumstances which County believes constitute the
violation. Property Owner and. Lessee shall have thirty (30) days within which to either cure the
violation or demonstrate compliance or receive an extension from the County, which extension
shall not be unreasonably withheld. Thereafter, County may seek any remedy described in this
Agreement or otherwise provided by law.
2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the
earliest of the following events:
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur
upon Property Owner and Lessee's completecessation of all activities permitted by the
USR. A partial cessation of activities shall not constitute a Termination of this
Agreement, nor shall County's issuance of a partial release constitute a Termination.
Unless informed in writing by the Property Owner and Lessee of cessation of activities,
and verified by the County, cessation shall be presumed if the Countydetermines that
the USR has been inactive for three (3) years. Property Owner and Lessee shall not be
entitled to a release ofProject or Warranty Collateral unless and until the improvements
required by this Agreement are completed.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new Property Owner
and Lessee 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.
23 Revocation of USR: This Agreement shall terminate following County's revocation of
Property Owner and Lessee's USR, except that the Property Owner and Lessee shall
only be released from this Agreement after the successfulcompletion of all commenced
improvements required under this Agreement, which may be completed by County
after accessing Property Owner and Lessee's collateral if Property Owner and Lessee
fails to complete such improvements.
.o Revocation of USR; Property Owner and Lessee acknowledges that failure to comply with
the terms of this Agreement constitutes cause to revoke the U S R pursuant to the terms of this
Agreement, and County may exercise this option in its sole discretion by proceeding with
revocation under the then current provisions of the Weld County Code.
4.0 County Completion of Improvements / AccessingCollateral: County reserves the right to
access any collateral provided by Property Owner and Lessee in order to complete the
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s0',ee
:srly Koppel, Clerk and Rtoordar, Wald County, CO
improvements required under this Agreement, if Property Owner and Lessee fails to do so for any
reason, after receiving notice of a violation of the terms of this Agreement as provided herein.
5.0 Court. action: Upon notice of violation and failure to cure within the time permitted by this
Agreement, County may seek relief in law or equity by filing an action in the Weld District Court,
except that no such civil action or order shall be necessary to access collateral for the purpose of
completing improvements as described above,
C. Miscellaneous Provisions.
1.0 Definitions:
1.1 All references in this Agreement to "County Engineer" shall refer to the any individual
or individuals appointed by the County Engineer to act on his/her behalf.
1.2 All references to "Haul Routes" include identified travel routes for vehicle traffic
generated by Property Owner and Lessee's facility; references to "haul vehicles" means
traffic used for hauling purposes generated by Property Owner and Lessee's facility, as
applicable, and does not include passenger vehicles not used for hauling.
1.3 All references to "Property Owner and Lessee" shall include any individual or entity,
including an "Operator", who is acts on behalf of the Property Owner and Lessee regarding
this Agreement.
2.0 Successors and. As si nsns: This Agreement may not be delegated, transferred or assigned in
whole or in part by Property Owner or Lessee without the express writtenconsent of County and
the written agreement of the party to whom the obligations under this Agreement are assigned.
Lessee or Property Owner's release of its obligations shall be accomplished by County's execution
of a new Improvements Agreement or Assignment Agreement with the successor owner or
successor lessee of the Property. Consent to a delegation or an assignment will not be unreasonably
withheld by County. In the event of an annexation of any property subject to this Agreement, the
contractual rights and obligations between the original parties es to this agreement shall continue
until they are completed, legally transferred, or rendered legally void by an action of law. All of
the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of Property Owner and Lessee, and upon
recording by the County, shall be deemed a covenant running with the land herein described.
3.0 Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act 24-10-101 et seq., as
applicable now or hereafter amended.
4.0 No Thin Party Beneficiary Enlorcc rent: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
not included in this Agreement. It is the express intention of the undersigned parties that any person
or entity, other than the undersigned parties, receiving services or benefits under this Agreement
sha l l be an incidental beneficiary only.
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$i .
Carly KOPP'S. Clerk and R.00rdmr 4 Woad County, CO
IIIIINFAIKINiNeffnalitill0ilinik4114
III
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement, This Agreement may be changed or supplemented only by a written instrument
signed by both parties,
6.0 Board of Count_ Commissioners of Weld County Approyal: This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
7.0 Choice of Law',Jurisdiction: Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Property
Owner and Lessee agrees that the Weld County District Court shall have exclusive jurisdiction to
resolve said dispute.
8..0 S'everability 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.
9.0 Attc rrie s ecs Le al :osts� In the event of a dispute between County, Property Owner or
Lessee or 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.
10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any
extra judicial body or person, Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
11.0 Authority to _$i : Each person signing this Agreement, and associated Exhibits, represents
and warrants that he or she is duly authorized and has legal capacity to execute and deliver this
Agreement. Each party represents and warrants to the other that the execution and delivery of the
Agreement and the performance of such party's obligations hereunder have been duly authorized
and that the Agreement is a valid and legal agreement binding on such party and enforceable in
accordance with its terms. If requested by the County, Property Owner and Lessee shall provide
the County with proof of Property Owner and Lessee's authority to enter into this Agreement
within five (5) days of receiving such request.
12.0 Notice: All notices, certificates or other communications hereunder shall be sufficiently
given and shall be deemed given when (a) personally delivered, (b) sent by electronic mail with a
hard copy of the notice following by registered mail, (c) when received by the addressee if sent by
a nationally recognized overnight courier (receipt requested), or (d) after the lapse of three (3)
business days following the mailing by registered or certified mail, postage pre -paid, addressed as
follows (or such other address for a party as will be specified in a notice given in accordance with
this Section):
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Carly Kappa' Clerk and Ricordrr, Weld County r Co
In FMK 141 WHIM II 01
For the County: County Engineer
Weld County
email:
For Lessee:
For Property Owner:
Martin Marietta Materials, Inc.
Attn: Pat Walker, President, Rocky Mountain Division
10170 Church Ranch Way, Suite 201
Westminster, CO 80021
Eimail : patrick.walker@martinmarietta.com
High Rail Holdings LLC and Gerrard Investments LLC
Attn: Nathan Gerrard
27486 Weld County Road 13
Loveland, CO 80534
Email; ngerrard.gerrardinc. cc rn
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY OWNERS:
HIGH RAIL HOLDINGS LLC
SIGNATURE
PRINTED NAME fifierasievai
TTTLE {If Applicable)
STATE OF COLORADO
County of Weld
by
I
SS.
taite
was acknowledged before me this t• day o
Iona
WITNESS my hand and official ial seal.
GE ,D INVESTMENTS LLC
SIGNATURE
PRINTED 1'
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Carly Kappa's, Clerk and Recorder, Weld County, CO
Notary Public
f
WILLIAM i III OLD.
T, V PUBLIC
F
NOTARY JO 199240 7028
MY COMMISSION EXPIRES MARCH 17 2017
III M1NdWW,,Pi$kIhWfrWIX1leIA �IIII
TITLE (If Applicable) piAmar
STATE OF COLORADO
ADO
County of Weld
}
I)
SS.
The fore oing rostrum t was acknow
by tsShapi,
WITNESS S my hand and official seal.
LESSEE:
SIGNATURE s �.
PRINTED NAME
ger"
d cd before me this % day a ]!16,
Notary Public
MT NICHOLL
BLIC
STATE OF COLORADO
NOTARY ID 19924017028
MY CIS ON EXPIRES MARCH 17, 17'
TITLE �'� �MOu..� i�.� os,
STATE OF COLORADO
1
County of ` 'eld
SS.
The foregoing instrument was acknowledged before me this siai day of
by Parkruilts . it
WITNESS my hand and official seal.
ATTEST:
Weld
BY:
Deputy CI tc t e B
AP'PROVE AS TO FOR
're
County Attorney
�ti *iht1&9-
otary Public
,2016,
Mufficti.
Miami :fr.&
litidendis
JULIE H MIKULAS
NOTARY
STATE OF COLORADO
MNOTARY ID1 0
Y COMMISS N EXPIRES'MAY ' I„ zej0
BOARD OF COTJNTY COMMISSIONERS
WELD COUNTY, COLORADO
Saltiest,
d ke Freeman, Chair
DEC 12 ale
FPRO ED AS -TO SUBSTANCE:
a
•
Ele&r+ 5d[trial or Depa
1
i 1
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