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Home My WebLink About20194461.tiffRESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR14-0065 - WAGISTICS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated December 24, 2014, the Board approved the application of Wagistics, LLC, 5629 W. 24th Street, Greeley, Colorado 80634-4532, c/o Select Energy Services, LLC, 1551 South Sunset Street, Suite A, Longmont, Colorado 80501, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0065, for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility (water depot) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RECX14-0049; being part of the E1/2 SW1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, on January 27, 2016, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Wagistics, LLC, c/o Select Energy Services, LLC, with terms and conditions being as stated in said agreement, and accepted company check #31007083 from Select Energy Services, LLC, drawn on Wells Fargo Bank, N.A., in the amount of $3,600.00, and WHEREAS, staff from the Weld County Department of Public Works received a request from Trevor Jiricek, on behalf of Wagistics, LLC, requesting that the Board of County Commissioners release the currently held collateral for USR14-0065, in the amount of $3,600.00, that.was provided by Select Energy Services, LLC, which no longer holds a lease with Wagistics, LLC, and accept replacement collateral from Wagistics, LLC, in the form of company check #5012, drawn on Bank of Colorado, in the amount of $3,600.00. WHEREAS, upon recommendation of staff, the Board deems it advisable to release said collateral, in the amount of $3,600.00, and accept collateral for improvements in the form of company check #5012 from Wagistics, LLC, drawn on Bank of Colorado, in the amount of $3,600.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the amount of $3,600.00, provided by Select Energy Services, LLC, be, and hereby is, canceled and released, and replacement collateral from Wagistics, LLC, in the form of company check #5012, drawn on Bank of Colorado, in the amount of $3,600.00, be, and hereby is, accepted. 4533550 Pages: 1 of 2 10/18/2019 11:01 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO cG: PwCER/CH/T3), aCTcec(cb), cac6C).PLCTP) (Ciaa/ i'1 2019-4461 PL2311 RELEASE COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL FOR IMPROVEMENTS - WAGISTICS, LLC (USR14-0065) PAGE 2 BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of October, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL.RADO ATTEST: ddeLeA) Je&40;eik, Weld County Clerk to the Board BY: Deputy Clerk to the Board APPIVED ty A torney Date of signature: lo/16/19 4533550 Pages: 2 of 2 10/18/2019 11:01 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co Inn n rbara Kirkmeyer, hair Mike Freeman, Pem Steve Moreno 2019-4461 PL2311 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular Agenda REQUEST RE: BOCC Agenda Item —Release Collateral and Accept Replacement Collateral For: Wagistics, LLC, c/o Select Energy Services — USR14-0065 DEPARTMENT: Public Works DATE: September 23, 2019 PERSON REQUESTING: Tisa Juanicorena Brief description of the issue: The Department of Public Works received a request from Trevor Jiricek, Wagistics, LLC, requesting that the Board of County Commissioners release the currently held collateral for USR14-0065, in the amount of $3,600.00, that was provided by Select Energy Services, and accept replacement Collateral from Wagistics, LLC. Mr. Jiricek provided documentation to explain the termination of the lease with Select Energy Services and requesting they be removed as the c/o as they are no longer involved. Bob Choate/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and recommends this release/acceptance of collateral. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the release and acceptance of collateral, for USR14-0065, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Schedule as Regular Agenda BOCC Item Other/Comments: Sean P. Conway Mike Freeman, Pro -Tern Scott K. James Barbara Kirkmeyer, Chair Steve Moreno 2019-4461 10(09 PLa3I I CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 November 4, 2019 Select Energy Services, LLC c/a Cheryl Rohmer P.O. Box 1715 Gainesville, TX 76241 RE: Release of Collateral to Select Energy Services, LLC Dear Ms. Rohmer: Enclosed please find a copy of the Board of County Commissioner's Resolution, dated October 9 2019, authorizing the release of collateral in the amount of $3,600.00 to Select Energy Services, LLC. Also enclosed please find Weld County Check No. 3349229, addressed to Select Energy Services, LLC, in the amount of $3,600.00. If you have any questions, please contact me at (970) 400-4227, or email choffman@weldgov.com. Very truly yours, Cheryfma Deputy Clerk to the Board Enclosure cc: Michael Skarke, Select Energy Services, LLC Trevor Jiricek, Wagistics, LLC Tisa Juanicorena, Department of Public Works Tom Parko, Department of Planning Services Clerk to the Board File PL2311 Weld County, Colorado WARRANT NUMBER 3349229 INVOICE OR REFERENCE NUMBER ... y .; ;.. . , •.. •..._.. , . INVO€CF DATF t 1/OICF -MOUNT F)ISCOt }NT OP i�Er�I kC:T"IC�t�}S ADDITIONAL AMOUNT , NET x . �� ` ,. k;r. . '',` MEN }NT COLLATERAL.2019 _ 10/31/19 3,600.00 0.00 0,00 3,600.00 g yQ Ve.T arro Greeley, CO 80634 REMOVE DOCUMENT ALONG T 119 PERFORM WARRANT NUMBER 3349229 OUT OF MONIES IN THE TREASURY APPROPRIATED THEREFOR AND CHARGEABLE TO THE .PAY FXAC T Y $******3,600.00 VOID IF NOT CASHED IN 60 DAYS �i `r �r fir" 'CHAIRMAN BOARD OF CC LINTY COMMIIONERS CLERK OF THE BOARD i14.=tr. �I•_K��e�t� �1.9i0(Arrift; ;y,5�T.:luyaZ. 5§ Complete items 1 29 and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. nj rag ru N .13 Er D D D U pia E r9 n 6 C3 N e0,0 cle Addressed getritiice-tdil / 7/15 Vu 7yc 760%zfI 9590 9402 4445 8248 1216 12 2. Article Number (Transfer from service label) 7027 1450 0000 9675 2712 PS Form 38113 July 2015 PSN 7530-02-000-9053 CLERK TO THE BOARD 1150OSTREET PO SOX 758 GREELEY CO 80632-0758 ?)`• ..%µ..✓ Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ • Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ • Adult Signature Restricted Delivery $ A. Signature x B. Received by (Printed Name) Postmark Here Agent El Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: El No 3. Service Type ❑ Adult Signature ❑ u1t Signature Restricted Delivery Certified Mail® ❑ bertified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) O Priority Mail Express®" ❑ Registered MailTM O Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise Signature Confirmation7M ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt S ELECT ENERGY SERVICES, LLC CM CHERYL ROHMER P .O. BOX 1715 GAINESVILLE, TX 762 1 A nJ Nag N Ri L t! Tr a fp D Lan h C- N �,. 4b �r`n 5.._FJ i< •• .. > � t Via.. i-. -.,. or d �rverv, formation, visit our w t ,i�,i www.usps.com°. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) • Return Receipt (electronic) $ • Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Iota? Postage and Fees 5974? Postmark Here // C• Y. •b• •.1 ' I.r.M!e; A KM Pet- • Corrt lete item' -1, 2, and 30 • Print your name and address on the reverse so that we can return the card to you. Ix Attach this card to the back of the mailpiece, or on the front if space permits. i u mi i a sp te er)c 776214 9590 9402 44.45 8248 1216 12 i I A. Signature X ID Agent ❑ Addressee Date of Delivery D. Is delivery addre different from-Twili '`� Yes If YES, enter delivery addr 4Q c. yr\ NOV 1 2 2019 IC) I -I 2. Article Number (Transfer from service label) 7 1450 0000 9675 2712 3. Service Type O Adult Signature ult Signature Restricted Delivery Certified Mail® ertified Mail Restricted Delivery ❑ Collect on Delivery O Collect on Delivery Restricted Delivery 0 Insured Mail ❑ Insured Mail Restricted Delivery (over $500) EI-Pri&rity Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationtM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt J TCOi a o9 gar a 0.r 8J v Document INV121515 WELDCOU NTY-PO463226-CONTRACT-R Total 3,600,00 3,600.00 3,600.00 .1;± 41 n Ices, L 1A .vli. .c ry. Qf .s nn W4, ♦i�Iww%e.... iM Wells Fargo Bank, NA. 56-382/412 OUSAND SIC HUNDRED AND 0 100 DOLLARS C UNTY DEPARTMENT OF PLANNING SERVICES l I AW 80631 .. .._ . .y .- _-.._ _< �. .. ....�.. .. ._. .✓a..:.uw.�..,.._.....-..+ ._--....�....<.- r.mieem -.. O -.a N Oi.,. Co co O O m co c 0 U o a - rn di 'cab O 02 o a. 0 .. i:R+P?av(.:.. •--'..{..t: t: c^ma. < .._. . RECEIPT RECEIVED FROM: 1z ADDRESS DATE i �▪ i1l1Y.YlSE '�6 Y. ✓.Sig/ l" $ ".:..:W' r.%iAIY. 3'I 007083 December 16, 2015 NO. LWOW .MILL ‘bm.11:44takiattiat FOR da.ila y'Aid „Arai Rua etad H VV PAID CASH; CHECK 0 MONEY 00440n $ (uqeay$ *317023 BY w. .4 CheryW Hoffman Fr Sent: Tm s7 * Cc: Susrject: Michael Skarke<MSkarke@selectenergyservices.com> Thursday, October 31, 2019 12:30 PM Cheryl Hoffman; Tisa Juanicorena; Trevor Jiricek; Cody Ortowski Esther Gesick RE: Address for Select Energy Services Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cheryl, I apologize for the delay, but I had to confirm with our bank. In order to get a signature at the Lockbox, you will neee to send the check via express package to the physical address in Irving below. If they can only send it through certified mail, then they please send it to Cheryl Rohmer's attention at the following address: Po Box 1715, Gainesville, TX 76241. Thank you, Michael Skarke From: Cheryl Hoffman [mailto:choffman@weldgov.com] S-Dnt: Thursday, October 31, 2019 1:21 PM To: Tisa Juanicorena; Michael Skarke; Trevor Jiricek; Cody Ortowski Cc: Esther Gesick Subject: RE: Address for Select Energy Services Michael, Should we use the physical address or post office box address for certified mailing of your check and paperwork? Please let me know as soon as possible. Thanks so much! Cheryl Hofftra�s-- Deputy Clerk t.a the ,arJ Weld County Clerk tthe 115 i O Street Greeley, CO 8 631 970.400.4227 card Office Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return 1 e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tisa Juanicorena <tjuanicorena@weldgov.com> Sent: Wednesday, October 30, 2019 11:12 AM To: Michael Skarke <MSkarke@selectenergyservices.com>; Trevor Jiricek <tiiricek@comcast.net>; Cody Ortowski <ciortowski @selectenergyservices.com> Cc: Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: RE: Address for Select Energy Services Hi Michael, It will be sent certified mail and will need a signature — which address will allow for that? Thanks, Tisa lisa Ara 4it !crnaa Development Review Public; ` ° `orks 1111 H Street Greeley, CO 80634 tjuanicorena@weldgov.com tjuonicorena@co.weld.co.us tel: 970.400.3778 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Fro Michael Skarke<MSkarke@selectenergyservices.corn> Sent: Wednesday, October 30, 2019 11:01 AM To: Trevor Jiricek <tjiricek@comcast.net>; Cody Ortowski <cjortowski@selectenergyservices.com> Cc: Tisa Juanicorena <tjuanicorena@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffma n @weldgov.com> Subject: RE: Address for Select Energy Services This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you, Trevor. I appreciate you reaching out to help resolve this issue. Please have the check sent to one of the following address based on how it is sent. Mailing 2 CASH ONLY IF ALL CheckLock'. SECURITY FEATURES LISTED ON BAC< INDICATE NO TAMPERING OR COPYING ' MEMO WAGISTICS LLC 1695 Colorado Pkwy Eaton, CO 80615 (970) 590-5551 BANK OF COLORADO 82-244/1070 FO) DERTOFE Weld County 5012 9/12/2019 $ **3,600.00 Three Thousand Six Hundred and 00/100********************************************************** DOLLARS Weld County Public Works 1111 H Street Greeley, CO 80634 000 LLC Weld County Bank Of Colorado 0 O O N 0 0 U j m CD c N O o ti U U O N Ymm 0_0 Maintenance Collateral RECEIVED SEP 112019 Weld County Public Works Dept, RECEIPT RECEIVED FR ADD FOR M HOW PAID foz-O13/I DATE 9/12/2019 5012 3,600.00 3,600.00 -`f-/f NO. 90686 • C- -1R'167- ,o-c-o-4K.G.C; CHECK MONEY, ORDER &lSOO OO BY CG�c� ED Details on Bac From: To: Cc: Subject: Date: Attachments: Trevor Jiricek Tisa Juanicorena; Esther Gesick Todd Bean Improvements Agreement Question Wednesday, September 11, 2019 2:30:35 PM FINAL RECORDED IA 2016-0406 - Waaistics LLC CO Select Enerav Services (USR14-0065).odf • Hi Esther! I hope you're doing well! I spoke with Tisa today about the attached Improvements Agreement and she suggested I email you my question.... I am an owner of Wagistics, LLC, who is the property owner of USR14-0065. We recorded the attached IA several years ago. My partner signed as "owner" on page 11. However, at the time we had the property leased to Select Energy Services so they signed as the "Lessee" on page 12. We have since terminated the lease with Select Energy Services. Is there any action that we need to do to update the IA to reflect current conditions? I believe I've appropriately updated our contact information at PW so we'll receive all future correspondence concerning the IA. THANKS! Trevor Jiricek Wagistics, LLC 970-590-3710 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Wagistics, LLC c/o Select Energy Services — USR14-0065 THIS AGREEMENT is made this U4. day of Deco ikr-, 2015, by and between Wagistics LLC, hereinafter referred to as "Property Owner," and the County of Weld, by and through its Board of County Commissioners, hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the property described in the application to Use by Special Review USR14-0065, referred to as "the Property," which has been approved by the County, and WHEREAS, as a condition of approval of USR14-0065, the Property Owner agrees to complete the off -site improvements required by this Agreement, pursuant to Exhibit A (Costs), Exhibit B (Schedule), Exhibit C (Plat Map) and Exhibit D (Construction Plans - if needed), which are each incorporated herein, and WHEREAS, the parties agree that the Property Owner shall provide collateral for all off -site improvements required by this Agreement before the Property Owner submits and receives approval of an application for a Grading Permit, Building Permit or for a Right -Of -Way Permit for construction of accesses and work within the County and/or State of Colorado Right -Of -Way, or at a time determined acceptable by the Board of County Commissioners. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: Part 1 (of 2): Site Specific Provisions A. Required Off -Site Improvements: 1.0 Weld County Roads: The Property Owner shall be responsible for the construction and maintenance of the following off -site safety improvements, as described in the accepted Exhibit C (Plat Map) and/or Construction Plans (Exhibit D): 1.1 Construction of adequate turning radii sixty (60) feet at the main entrances and exits which extend partially into CR 60.5 right-of-way (ROW); 1.2 Drainage installations; 1.3 Signage Installations; 1.4 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 applicable. A County access permit is needed for every access to a County road. 4177805 Pages: 1 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO SIN )f12 • old/6_ .406 2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated improvements and for all expenses associated therewith. 3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to complete the aforementioned offsite improvements until the occurrence of the triggering event for each improvement, namely the application for the Grading Permit, Building Permit or Right -Of -Way access permit or the commencement of activities on the property(s). B . Haul/Travel Routes 1.0 Established Haul Routes from the facility access point: 1.1 Exiting or entering the site: haul vehicles shall enter or exit the site at the approved accesses onto CR 60.5 for further dispersal. Any County roads routinely utilized by USR haul traffic may become part of the established haul routes. 1.2 No haul vehicles may exceed CDOT required specifications for pounds per axle. 1.3 In unusual or rare occasions, if particular projects mandate deviation from the above - mentioned haul route, 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 route 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 13.4.0. In the event that haul route traffic, in excess of 15% of the daily facility haul vehicle trips, utilizes alternate haul routes, the provisions of Section 4.0 of this Section B shall be triggered. 2.0 No Deviation from Approved Haul Routes: Except under the provisions provided in Section B.1.3, no deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 3.0 Haul Route Signage(If Applicable): Property Owner 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 facility and which clearly depict County approved haul routes. 4.0 Effect of Future Changes to 1-Iaul Routes: Any future changes to haul routes requiring use of unpaved County road may require dust control or paving of such roads, as defined by an amended agreement. In such circumstance, County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current vehicle trip counts that identify traffic loading due to Property Owner's facility. 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 Off -Site Dust Control/Abatement: The Property Owner is required to provide dust abatement along affected Haul Route Roads approximately two to five times per year, as determined by the County. County will determine the proportionate share of dust control to be paid by Property Owner. The amount and extent of dust control measures will be determined by site- 'of12 4177805 Pages: 2 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co VIII Ill III 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's facility. The County will have sole responsibility for determination of the percentage of haul route traffic on all affected roads. 6.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially responsible for the excavation, repair, and patching of any damage on current or future haul route roads, which in the sole opinion of County has been created by vehicle traffic to and from the Property. Should Property Owner'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's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads which are included within the new haul route. The type and method of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48 hours of notification by the County for any roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 6.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If such repair is not commenced within such forty-eight (48) hour period, County shall have the right to draw on the Road Maintenance Collateral and use such funds to perform such repair. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). 6.2 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul route road portion will require paving measures in order to protect the public health, safety, and welfare, and has budgeted sufficient funds for the following calendar year to pay its share of the Off -Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off -Site Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility for the completion of the repairs and/or improvements on or before December 15 of the year following County's notice of the need for repairs. 6.3 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as described in this Agreement. 7.0 Annual Road Inspection: County will conduct a road inspection annually with the ;e3of12 4177805 Pages: 3 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO 1111 111111 cooperation of Property Owner and all other Property Owner and/or Lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data becomes available. 8.0 Future Improvements to Haul Routes: If traffic volume or conditions require future improvements to be made to the haul route(s), including intersections, the County may require Property Owner 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. Other roadways Improvements may be triggered due to heavy truck traffic associated with the facility including additional turn lanes onto CR 60.5; the following is a list of the triggers for turn lanes: a. 25vph turning right into the facility during a peak hour. b. 50 vph turning right out of the facility during a peak hour. c. 10vph turning left into the facility during a peak hour. 9.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall pay a proportionate cost of a complete road restoration. Notification to the Property Owner of the required roadway replacements will be given as soon as the data becomes available and typically takes place before the end of the year prior to the start of the replacement project. 10.0 Proportionate Share of Road Maintenance Responsibilities: 10.1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs, maintenance, improvements, or future road replacement of any particular Haul Route Road. Property Owner's Proportionate Share shall be based upon the percentage of traffic on the road that is attributable to Property Owner's facility. County personnel will determine the percentage based on then current Equivalent Single Axle Load (ESAL) Counts. Property Owner shall not be responsible for traffic that is not sourced from the Property Owner's facility. 10.2 The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's proportionate share of costs. 11. Road Maintenance Collateral: Property Owner shall post Road Maintenance Collateral as described by Part 2 of this Agreement. 4177805 Pages: 4 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County: CO AIR Bill C. On -Site Improvements (Not Applicable) 1.0 Landscaping and Fencing Requirements: Property Owner shall at its own expense, plant, install and/or maintain all grass and other landscaping and re -seeding where applicable as shown on the accepted Construction Plans and/or Plat Map. Additionally, the Property Owner shall install and/or maintain fencing to screen the property where applicable as indicated on the accepted construction plans and/or Plat 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. 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Construction Plans and Plat Map. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Property Owner shall be responsible for all maintenance of the on -site improvements. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. Some of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way or access permit is required. 3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to initiate any applicable landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit or an amendment to the existing USR. Except with prior County consent, no grading permit will be released until collateral is posted for all off -site improvements and the final Construction Plans have been submitted to and accepted by the Department of Public Works. Access and/or Right -Of -Way permits might also be required prior to approval of the grading permit. Grading shall not commence until Construction Plans are accepted. Any alterations to the accepted Construction Plans must be accepted in writing by the County Planning and Public Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all landscaping and other on -site improvements shall be completed within the parameters established in this Agreement. "End of Part 1" U:\Engineering\PLANNING -- DEVELOPMENT REVIEW\ -2014 Planning Referrals \USRI4\USR14-0065 wagistics\Improvements Agreement\Wagistic (USR14-0065) - Part 1 Final IA (12-10-15).docx 4177805 Pages: 5 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 1IP1!' ' irelliVhifiliNthi1CLIA 1 D,iihMb Bill 5 of 12 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Wagistics, LLC c/o Select Energy Services — USR14-0065 Part 2: General Provisions A. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted Construction Plans according to the construction schedule set forth in Exhibit "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 standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 1.4 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 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 shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and Plat Map, 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. 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. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. Page 6 of 12 4177805 Pages: 6 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO ■1111��1�:'r6h;rV'I��h��;P,��E YaI�F�i lid 1I III 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property Owner. 3.4 Permits. Property Owner must still apply for and abide by the terms of any necessary right-of-way permits, grading permits, 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 of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Acceptance of Off -Site Improvements by the County: Upon written request by the Property Owner, the County shall accept the Property Owner's off -site improvements, if the following conditions are met: • The off -site improvements have been completely constructed, and • The Property Owner'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 BOCC. 5.3 County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. n.,^e7ofl2 4177805 Pages: 7 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII INctI 'IN �l,lal� 'I�tE,hJ ��k�'�li'h��l ��.�� Yi��k III III 6.0 Warranty Period: Property Owner 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, the County Engineer shall inspect the improvements and direct the Property Owner to correct any deficiencies. The County Engineer shall re -inspect after all corrections have been completed. If the County Engineer finds that the improvements are constructed 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 BOCC shall accept the improvements. 7.0 General Requirements for Collateral: County requires Property Owner to provide collateral to guaranty all of Property Owner'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 (If Applicable) to be kept in place for the life of the permit. 7.1 Project Collateral — Property Owner 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 BOCC, and shall be held in total by County until such improvements are accepted and collateral is released by the BOCC. 7.2 Warranty Collateral for all off -site improvements shall be submitted to County and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). 7.3 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 may be 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. 7.6 Collateral shall be released in accordance with the provisions of Weld County Code Chapter 2 Section 3. B. Violations of Agreement and Remedies 1.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall so notify Property Owner and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have thirty (30) days within which to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy described in this Agreement or otherwise provided by law. t 4177805 Pages: 8 of 16 Carl0ylKopp6, Clerk windyRecorrde , Weld County, CO �I{{ Mil i i�ll'.�i tPtitliiilk14:1610/49MI ,Iiidi i I{ II 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's complete cessation 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 of cessation of activities, and verified by the County, cessation shall be presumed if the County determines that the USR has been inactive for three (3) years. Property Owner shall not be entitled to a release of Project or Warranty Collateral unless and until the improvements required by this Agreement are completed. 2.2 Execution of Replacement Agreement: This Agreement shall terminate following County's execution of a new Improvements Agreement with a new Property Owner or Operator who has purchased the Property or has assumed the operation of the business permitted by the USR, and intends to make use of the rights and privileges available to it through the then existing USR. 2.3 Revocation of USR: This Agreement shall terminate following County's revocation of Property Owner's USR, except that the Property Owner shall only be released from this Agreement after the successful completion of all improvements required under this Agreement, which may be completed by County after accessing Property Owner's collateral if Property Owner fails to complete such improvements. 3.0 Revocation of USR: Property Owner acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code. 4.0 County Completion of Improvements / Accessing Collateral: County reserves the right to access any collateral provided by Property Owner in order to complete the improvements required under this Agreement, if Property Owner 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 subdivisions; Page 9 of 12 4177805 Pages: 9 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 005 Winn '151O, 1Mill'ili 4h references to "haul vehicles" include subdivision vehicular traffic, as applicable. 1.3 All references to "Property Owner" shall include any individual or entity, including an "Operator", who is acts on behalf of the Property Owner regarding this Agreement. 2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in part by Property Owner without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. Consent to a delegation or an assignment will not be unreasonably withheld by County. County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 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 Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the undersigned parties that any person or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. 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 County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 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 agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. Pace 10 of 12 4177805 Pages: 10 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, Co lilt 101.417 II 8.0 Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract Professional, 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 Sign: Each person signing this Agreement, and associated Exhibits, represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNERS: SIGNATURE PRINTED NAME k43 s u 4y TITLE (If Applicable) /I'/G STATE OF COLORADO ) SS. County of Weld ) %c/C/ aF The forego'ninstru 'as acknowledged before me this eday of y2 2015, by /�� WITNESS my hand and official seal. LYNN D. MORGAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19904006407 MY COMMISSION EXPIRES 6-26-2016 4177805 Pages: 11 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO Notary Public Page 11 of 12 NI NlY 111111i'i III II LESSEE (If Applicable): SIGNATURE PRINTED NAME TITLE dy Ortowski President STATE OF €i-ORA!9O SS. County of Wed 0' t' id C The foregoing instrument was acknowledged before me this /t- day of I ?c c r tr. 2015, by (1 Dl)/ C'k`L�-`-�i WIT ESS my hand ancLollicial seal. .17.'�% 9REIGH A. MILLS s.. Fs Notary Public. State of Texas My Commission Expires ,,p,a 11,7 February 23, 2016 Notary Public ATTEST: dirdr4A) . igoigC. BOARD OF COUNTY COMMISSIONERS Weld n y Clerk to the oard WELD COUNTY, COLORADO BY: Deputy C rk to the B Mike Freeman, Chair JAN 2 7 2016 APPROVED AS TO FO' LP E.. L PPROVED AS County Attorney or . epa U:1Engineering\PLANNING — DEVELOPMENT REVIEWI-2014 Planning Referral s\USR14\USR'4-0065 wagistics\Improvements Agreement\Wagisitics (USR14-0065)- Part 2 Final IA (12-10-15) docx Page 12 of 12 4177805 Pages: 12 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder., Weld County: CO pzO/lo- az/06 VIII M!r rll:FW:IfiAl rltIrkhf iF'i'h M htrirlii lli III III EXHIBIT A - Cost Sheet (OFF -SITE) Name of Facility: Wagistics, LLC Personnel Contact: Todd Bean Filing/Case #: USR I4-0065 Title: Owner Location: E1/2, SW1/4, Sect 6, T5N, R64W Phone: 970-590-5551 buentling to be legally bound. the anderslgned: tpp"cant bete egret's to provide thrall hour fl isfar litr the following improvements. Improvements (Leave spaces blank where they do not apply) (OFF -SITE) Quantity Units Unit Costs ($) Estimated Construction Cost (5) ,PUBLIC WORKS, Site Grading Street Grading Street Base, Gravel for Parking Street Paving Pavement Marking Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Entrance/Access Improvements Erosion Control Measures/BMP's Road Maint. Collateral (per Sec. E.-7.5) $3,600.00 Dust Control (per Sec. E.-7.5.2) Fire Hydrants Survey, Street Monuments/Boxes ,PLANNING SERVICES j Parking Area, Curb Stops, Bus Kiosks Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails Septic Systems SUB -TOTAL: .'$3,6.00,00.. (Jesting, inspection, as-6udt plans and work in add Engineering and Supervision Costs ($) final pint; supervision of actual construction ion fo preliminary and by contractors) 4177805 Pages: 13 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County; Co AND SUPERVISION (S) 110 P.,012'44.1sl1nIIliMi'W m4I" 11111 EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: By: Wa131vu ' /e Property Owner r OWs 1 Lessee, lect Energ$&, Inc. Datei, 20L� —7c I4 file? ►7 Qf G Date160 / v NOTE: All off -site improvements were constructed prior to filing for USR14-0065 thus only road maintenance collateral is being posted. 4177805 Pages: 14 of 16 02/01/2016 01:55 PM R Fee:$0.00 11111VJIL��4!'�;il"11:101 Clerk and l�rrrhrigi,lll'k� er, Weld County, III iii EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: USR 14-0065 Filing/Case#: Location: Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within veers from the date of approval of the final plat. Construction of the umprovements listed in Exhibit A shall be completed as follows: Improvements (Leave spaces blank where they do not apply) Time Schedule jON-SITE) fOFF-SITE 1 ,l PUBLIC WORKS I Site Grading Street Grading Street Base, Gravel for Parking Street Paving Pavement Marking Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Entrance/Access Erosion Control Measures/BMP's Fire Hydrants Survey, Street Monuments/Boxes IPLANNING SERVICES j Parking Area, Curb Stops, Bus Kiosks Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails Septic Systems Final Completion Date for Entire Project Not applicable Any off -site improvements required as a part of this agreement will be constructed in accordance with the agreed upon schedule. 4177805 Pages: 15 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 1oraror ll+oi:l:vltiaret ii !'r inirI'f1 Y�l�l 11 II EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: By: 001,Gs Gze Property Owner y urtows Lessee, Select EnArKies, Inc. / ; c-/GC1ed! S etore Date '20 / S L Date 4, 20 /5 --- NOTE: This document is not currently applicable as no on -site improvements were required to be installed as a part of USR14-00065 and the off -site improvements were installed prior to application of USR14-00065. 4177805 Pages: 16 of 16 02/01/2016 01:55 PM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County. Co WELD COUNTY DEPARTMENT OF PLAN December 16, 2015 Check No 31007083 Document No. INV121515 Document Date 12/15/2015 Posting Description WELDCOUNTY-PO453226-CONTRACT-R Amount 3,600.00 Discount Net Amount 3,600.00 Total 3,600.00 TO THE orgy Services, LLC. TX 76241 ANO 8ACKOROUNO FtYE A KNIGHT & FINOERPA NT WAT AMIA#K ON THE BACK.- WOLO AT ANO E TO VIEW PAY ONLY Wells Fargo Bank, N.A. 56-382/412 3,600 bit Six Zero ZRVI THREE THOUSAND SIX HUNDRED AND 0/100 DOLLARS PO Box 758 WELD COUNTY DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVE GREELEY, CO 80631 USA Greeley CO 80632 RECEIPT DATE /—at—fir( RECEIVED FROM eft ei21 /J,416 ADDRESS ��. ,I d >4/uad a. , °°Lr� o.) s 3, G,o FOR !o// _JI 114,52141-- %≤ w,y‘i0 31007083 :December 16, 2015 AMC)UNT $*******3,600.00 N°. 88514 31007v83 BY t.%_, Contract Form New Contract Request Entity Information Entity Name* WJAGISTICS LLC Entity ID @00041450 Contract Name* ROAD MAINTENACE AGREEMENT USR14-0065 Contract Status CTB REVIEW! Contract ID 3163 Contract Lead* TJUANICORENA New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project # tjuanicorena@co weld co us Contract Description* ROAD MAINTENACE AGREEMENT USR14-0065 REPLACE COLLATERAL Contract Description 2 Contract Type AGREEMENT Amount * $3,600.00 Renewable" NO Automatic Renewal Department PUBLIC WORKS Department Email CM - Public Vv'orks@vveldgov.com Department Head Email CM-PublicWorks- DeptHead@weIcigovcorn County Attorney GENERAL COUNTY AI IORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY@WELD GOV.COM Requested BOCC Agenda Date Jr 10/00/2010 Due Date 10,'058201 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* Renewal Date 10'28/2020 Termination Notice Period Committed Delivery Date Expiration Date 10127)2021 Contact Information Contact Info Contact Name Purchasing g Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 10143/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/09/2019 Originator TJUANICCRENA Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 10/04/2019 Tyler Ref # AG 100919 Legal Counsel BOB CHOATE Legal Counsel Approved Date 1T04/2019 Submit Hello