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Home My WebLink About20194793.tiffRESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR PRO-TEM TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR COUNTY ROAD 6 ACCESS PERMIT, AP19-00231 - CRESTONE PEAK RESOURCE HOLDINGS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Property Owner, Crestone Peak Resource Holdings, LLC, 1801 California Street, Suite 2500, Denver, Colorado 80202, is the owner of the following described property in the County of Weld, Colorado, being more particularly described as follows, to -wit: Being part of Section 25, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, final approval of Access Permit, AP19-00231, is conditional upon Property Owner's funding and/or construction of the off -site improvements, and WHEREAS, the Board has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Crestone Peak Resource Holdings, LLC, with further terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with an Irrevocable Standby Letter of Credit No. NUSCGS030092 from JPMorgan Chase Bank, N.A., Global Trade Services, 131 South Dearborn, 6th Floor, Mail Code: IL1-0236, Chicago, Illinois 60603-5506, in the amount of $56,291.21, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Standby Letter of Credit, as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Crestone Peak Resource Holdings, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit No. NUSCGS030092 from JPMorgan Chase Bank, N.A., Global Trade Services, 131 South Dearborn, 6th Floor, Mail Code: IL1-0236, Chicago, Illinois 60603-5506, in the amount of $56,291.21, be, and hereby is, accepted. cPIO)/Nolo c-c,t PW(TJ/I.R/CH) 12/tea/I9 2019-4793 EG0077 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT FOR COUNTY ROAD 6 ACCESS PERMIT, AP19-00231 - CRESTONE PEAK RESOURCE HOLDINGS, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of November, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datiofvo udeo;e1 EXCUSED Weld County Clerk to the Board ( BY: N APPROVED AS TO FOR �}ssf. County Attorney Date of signature: I t /27A9 Deputy Clerk to the Board Barbara Kirkmeyer, Chair Mike Freeman, Pro -Tern Sean P. nway 8'ot� K. James Steve Moreno 2019-4793 EG0077 JPMorganChase July 21, 2021 21526-ESS DOM SEQ 1965 WELD COUNTY 1150 O STREET GREELEY,CO 80631 Reference: Standby Letter of Credit No NUSCGS030092 in your favor for account of CRESTONE PEAK RESOURCES LLC Dear Madam / Sir: Important address change notification for your JPMorgan Chase Bank N.A. Chicago Trade Operations office An important change is taking place that affects the JPMorgan Chase Chicago Trade processing center following a recent decision by the bank to realign certain of its operations and client service functions. Effective immediately all Trade processing currently conducted in Chicago will be transferred to our office in Tampa, Florida. Please consider this as a notice of move and/or amendment of presentation location for the above -referenced Standby Letter of Credit. Our new address for all future Trade / Letters of Credit related correspondence and presentations JPMorgan Chase Bank, N.A. 10420 Highland Manor Drive, 4th Floor Tampa, Florida 33610 Attn: Standby Letters of Credit Unit. For all inquiries: 1-800-634-1969 // gts.client.services@jpmchase.com Although you will now be presenting your claims/documents to a different location, our service will not change as a result of this move. Please continue to work with your current Trade Operations contacts before and during the transition. To avoid any processing delays, please note this change and that any mail in transit to the former address will be internally routed to the new address. This routing may affect the timing of receipt, so directing mail to the new address is essential to expedite processing. Please feel free to contact your current Trade Service Representative, or call our client service group at 1-800-634-1969 if you have any questions concerning this move. We appreciate your business and look forward to serving your Trade requirements for many years to come. With kind regards, Ruxandra Cravcenco fit. ��-- JPMorgan Chase Bank N.A., Executive Director - Operations Manager, Global Trade Services © 2017 JPMorgan Chase & Co. All Rights Reserved. JPMorgan Chase Bank, N.A. Member FDIC i9 --<17l, --t>57 7 C.V.2 941` 4swil BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: Crestone Peak Resource Holdings, LLC — CR 6 and AP#19-00231 DEPARTMENT: Public Works DATE: October 25, 2019 PERSON REQUESTING: Tisa Juanicorena Brief description of the issue: The Department of Public Works received a request from the applicant, Crestone Peak Resource Holdings, LLC, requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for (CR 6 and AP#19-00231). Collateral is required with this agreement, in the amount of $56,291.21, and has been submitted in the form of a Standby Letter of Credit, #NUSCGS030092. Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -mentioned signed original document and observed the following: • All Public Works related items, of the "Road Maintenance Agreement According to Policy", are found to be acceptable. • This Agreement complies with the terms of the Access Permit (AP#19-00231) and the improvements required by the Department of Public Works in relation to the volume and size of truck traffic being generated by the Use (outside County jurisdiction) but utilizing a permanent access point and haul route onCR6. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda 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 Road Maintenance Agreement According To Policy for AP#19-0023 1, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Approve Recommendation Other/Comments: Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara Kirkmeyer, Chair Steve Moreno cc.:pwCTT/C,P/T0.) iD/o3/I9 2019-4793 E,G©O 77 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Crestone Peak Resource Holdings, LLC — CR 6 and AP# 19-00231 THIS AGREEMENT is made this l day of ,eIyte, 201 , by and between Crestone Peak Resource Holdings, LLC, 1801 California Street, Suite 2500, Denver, CO 80202, corporations organized under the laws of the State of Colorado, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631, hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Being part of Section 25, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Department of Public Works approval of Access Permit AP#19-00231, and WHEREAS, Property Owner acknowledges that the final approval of Access Permit AP# 19-00231 is conditional upon Property Owner's funding and/or construction of the off -site improvements and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A-1 — Off -Site Costs of Construction, Exhibit B-1 — Off -Site Construction Schedule, Exhibit A-2 — Future Improvements Costs of Construction (to be attached per section B.3.0), Exhibit B-2 — Future Improvements Construction Schedule Triggers (to be attached per section B.4.0), Exhibit C — Construction Plans, Exhibit D — Plat Map (recorded simultaneously with this Agreement), and WHEREAS, the parties agree that the Property Owner shall provide collateral for off -site • improvements required by this Agreement when the Board of County Commissioners approves this 2 Agreement. 8 WHEREAS, the parties agree to a term of this Agreement shall run coincident to the duration of ,. Access Permit AP-# 19-00231 and/or any other access permit issued by the County for ingress to and egress _ from the Property and the obligations of Property Owner as expressed in this Agreement shall cease upon MI - 8 any cancellation, expiration, revocation or other termination, whether voluntary or not, of Access Permit 03� AP#19-00231 and/or any other access permit issued by the County for ingress to and egress from the im N m Property. • i °LL o5 NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants mgr az. contained herein, the parties hereto promise, covenant and agree as follows: iicl dM L± PART I: SITE SPECIFIC PROVISIONS O .1.2•— N.8 cn Crestone Peak Resource Holdings, LLC - IA - CR 6/ APM 19-00231 Ka • NY� Page 1 of 13 —1 -� el.,. •-•,,,, (CV 4-4 N� � A. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible for the construction of certain off -site safety improvements, which may include, but are not limited to: construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend into county road ROW connecting to the county road system, and off -site drainage and signage installations, as indicated on the accepted Exhibits. On -Site improvements that create more run-off than the historical amount may require off -site drainage improvements to roads and ROW. Any approved access point(s) improvements will include standard County approved tracking control, and may include a double cattle guard set (one right after the other), placed back to back across the entire width of the access, to ensure a complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent County road. Additional Off -Site Improvements to be constructed prior to operation are: 1) Design and construct a County approved gravel roadway along CR 6 - from Tate Avenue to 50 feet east of the project access 1.0 Road Improvements Responsibilities. Property Owner is solely responsible for all the off -site designated improvements. These responsibilities may include but are not limited to the following: design, surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities, and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies. Property Owner shall maintain this portion of roadway. Property owner shall be responsible for its proportional share of County determined improvements. 2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) as identified in Exhibit A-1 detail the costs used in determining the collateral requirement for the off -site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cost exhibit on Exhibit A-1. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 3.0 Construction Schedule Exhibit. Exhibit B-1 is provided by the Property Owner indicating the construction schedule for all off -site improvements, including an anticipated completion date. Property Owner shall not commence construction of any improvements, record plat, or receive any permitting prior to approval of the of this Agreement, the attached Exhibit C, receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B-1 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction 0 schedule. cz 4.0 Off -site Improvements Collateral. As required, collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is M� • outlined in Part II.B of this Agreement. o -S -m 5.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of N.A=is collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built as • drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered u ; — Professional Land Surveyor or Professional Engineer. Nv co ge! Crestone Peak Resource Holdings, LLC - IA - CR 6/ APN 19-00231 am Page 2 of 13 (d) aM B. Future Off -Site Improvements: 1.0 Traffic Triggers. When the Property's traffic reaches certain safety thresholds as set forth in this agreement, the Property Owner shall design and construct certain road improvements based on the amount of traffic being generated by the site. Property Owner's development may not currently meet the traffic safety triggers requiring the improvements specified below. However, future off -site or phased improvements may be warranted in the future. (Applicable if/when this road is paved in the future) Property Owner is required to design, obtain right-of-way, relocate utilities, and construct said auxiliary lanes into their site when all traffic to/from the Property meets the following traffic triggers: 1) Property Owner shall design and construct a left deceleration/turn lane on CR 6 whenever traffic exceeds 10 vehicles per hour (VPH) turning left into the Property for an average daily peak hour. 2) Property Owner shall design and construct a right deceleration/turn lane on CR 6 whenever traffic exceeds 25 VPH turning right into the Property for an average daily peak hour. 3) Property Owner shall design and construct a right acceleration lane on CR 6 whenever traffic exceeds 50 VPH turning right out of the Property for an average daily peak hour. 4) Property Owner shall design and construct a left acceleration lane on CR 6 whenever such a lane would be a benefit to the safety and operation of the roadway. The County, in its sole discretion, shall determine if a left acceleration lane is required. 2.0 Property Owner's Responsibilities when Future Traffic Triggers are Met. Property Owner is solely responsible for all designated improvements and their cost. These responsibilities may include but are not limited to the following, as applicable: design, surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, State, or County regulatory agencies. 3.0 Cost of Construction Exhibit. When the trigger is met the Property Owner shall submit Exhibit A-2 within six (6) months of being notified regarding the need for the triggered improvements, indicating the cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral requirement for the development. Construction costs must be obtained through a registered Colorado Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that have project collateral. New or additional collateral may be required for the triggered improvements. If required, collateral shall be submitted at the same time as Exhibit A-2. Exhibit A-2 shall be attached to this Agreement and incorporated herein once approved by the County. 4.0 Construction Schedule Exhibit. When the Traffic Trigger is met the Property Owner shall submit Exhibit B-2 within six (6) months of being notified regarding the need for the triggered improvements, indicating the construction schedule, including completion date for the improvements. Property owner shall not commence construction of improvements prior to approval of the Construction Plans and receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit. Property Owner shall complete all improvements in accordance with the construction schedule exhibit. The construction of the triggered improvements shall be completed within the specified timeframe, which may not exceed three (3) years from the date the trigger is first met. Year 1 design deadline; Year 2 ROW/Utilities; Year 3 Construction. Property Owner shall collateralize 100% of the cost of the construction improvements, including design, right-of-way, and utility relocation cost within six months of being notified of meeting the triggers. Exhibit B-2 shall be attached to this Agreement and incorporated herein once approved by the County. Crestone Peak Resource Holdings, LLC - IA - CR 6/ APH 19-00231 Page 3 of 13 5.0 Collateral. Collateral for any additional improvements required by the Traffic Triggers may be required by the BOCC. Collateral.is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. 6.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. C. Haul Routes: The Property Owner shall be financially responsible for its proportional share of the County's costs associated with maintaining and/or improving designated haul/travel routes. 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: 1) CR 6 west to State Highway 85 2.0 Haul trucks shall enter and exit the site at the approved access on CR 6 and travel west to Highway 85 for further dispersal. Any County roads used by Crestone Peak Resources traffic may become part of the established haul/travel routes. 3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle and axle configurations unless overweight permits have been applied for and granted. 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above -mentioned haul/travel route for a limited period (six months or less), Weld County Public Works may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change the haul/travel routes designated herein, and provide notice to the Property Owner. 5.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved travel routes. 6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this Agreement, no use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. D. Maintenance Requirements: 1.0 Off -site recurring maintenance, if applicable, as required by the Department of Public Works: 2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust control on unpaved designated haul/travel routes after commencement of operation. The amount and extent of dust control will be determined by site -specific conditions at the time, as determined exclusively by County personnel. Dust abatement along the relevant haul/travel routes is expected to occur approximately two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per Section 8-6-100 of the Weld County Code. Crestone Peak Resource Holdings, LLC - IA - CR 6/ AP# 19-00231 Page 4 of 13 2.1 Dust Control During Construction. If necessary, as determined by the County, the Property Owner shall cause to be performed within 30 days of notification, at its sole expense, dust control by a contractor approved by Weld County Public Works during the construction period of the development. 3.0 Maintenance/Repair: The Property Owner shall be financially responsible for installation of Weld County approved surface gravel on CR 6, as needed throughout the duration of the use. Maintenance of CR 6, including but not limited to, dust abatement and grading, will be required during the life of the permit. As a requirement to receive approval to access onto CR 6, and due to safety concerns, it is required to upgrade/improve the turning radii (minimum of 65 feet) at the Access location on CR 6 and to improve CR 6 to a width of 26 feet with four (4) inches of surface gravel to match the road depth at Tate Avenue to continue to 50 feet east of the entrance and then provide a safe taper down to the east and matching the existing gravel/road condition. Property Owner shall be financially responsible for its proportional share of excavation, patching, and repair on designated haul/travel routes. The amount and extent of repair measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 4.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County 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, unless delayed due to a Force Majeure event as defined in Part II.F Subsection 13.0. If such repair is not commenced within such forty-eight (48) hour period, County shall have the right to draw on the Collateral and use such funds to perform such repair. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). 5.0 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul/travel route road portion will require paving measures in order to protect the public health, safety, and welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off -Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off - Site Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility for the completion of the repairs and/or improvements on or before December 15 of the year following County's notice of the need for repairs. 5.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those proportional share costs. 6.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportional share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity, at no less than fifteen (15) days, to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input Crestone Peak Resource Holdings, LLC - IA - CR 6/ AP# 19-00231 Page 5 of 13 prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within 30 days of receiving an invoice from County. 7.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data become available. 8.0 Notification. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity, of at least fifteen (15) days to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. PART II: GENERAL PROVISIONS A. Engineering and Construction Requirements: 1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering services in connection with the design and construction of the off -site improvements and all on -site drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, identified on the accepted Construction Plans according to the construction schedule set forth in the construction schedule exhibits. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to: surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 2.0 Rights -of -Way and Easements. Before commencing the construction of any off -site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good and sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits. The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. Crestone Peak Resource Holdings, LLC - IA - CR 6/ AP# 19-00231 Page 6 of 13 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third -party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County and the Property Owner. At all times during said construction, the County shall, upon notice to the Property Owner, have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property Owner. 5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the current version of CDOT' s "Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Guidelines. 6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then -current version of the Manual of Uniform Traffic Control Devices. B. Collateral: 1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement as follows: (1) Project Collateral is required for completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period. Collateral acceptance and release is governed by the Weld County Code. MI a O U a� c=. 3 (7 i mo- o.— wwirkr- O02 Oast int mO1 NO Min ��.aliMi N0 II \Y� rrtN aM n�L= 1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. In such event the County and/or the Board of County Commissioners shall provide an accounting to the Property Owner within thirty (30) days of accessing Project Collateral and setting forth (a) that portion of the Project Collateral used to complete such improvements and (b) that portion of the Project Collateral remaining. It may be necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owner fails to adequately complete or repair improvements during the warranty period, County may, in its sole discretion, access Warranty Collateral for the purpose of completing such improvements. In such event the County and/or the Board of County Commissioners shall provide an accounting to the Property Owner within thirty (30) days of accessing Warranty Collateral and setting forth (a) that portion of the Warranty Collateral used to complete such improvements and (b) that portion of the Warranty Collateral remaining. Crestone Peak Resource Holdings, LLC - IA - CR 6/ AP#19-00231 Page 7 of 13 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released to the Property Owner in accordance with Section 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site improvements, and the Department of Public Works conducts inspections for off -site improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County from and at the time of release of Project Collateral, or may be submitted separately by Property Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period. 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a portion of the project, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. U U 3 0 NL� oho aor4cr • n. 12 a x 7: arm_ • Y NVA al La ID; al - CD N aM .0 3.3 County's Response to Request for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement and shall notify the Property Owner within thirty (30) days of County's approval or reasoning for disapproval. Upon approval, the Board of County Commissioners may release said collateral to the Property Owner. C. Acceptance of Improvements: 1.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact the Weld County Department of Public Works and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. Crestone Peak Resource Holdings, LLC - IA - CR 6/ AP# 19-00231 Page 8 of 13 2.0 Inspection, Approval, and Acceptance Process: 2.1 Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Public Works a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built" drawings as required in B.3.2.3, above, and shall request County inspection of the Off -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public Works personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. For purposes of this Agreement damages to the subject improvements caused by factors outside the control of the Property Owner, including Force Majeure events as set forth in Part II.F Subsection 13.0, shall not be considered as deficiencies or routine maintenance needs and the Property Owner shall not be liable for repair of the subject improvements necessitated as a result of such factors. County personnel shall re -inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel finds that the improvements are constructed according to County standards, he or she shall approve the improvements. Such final approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 2.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed by the County, portions of the improvements may be placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit, and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. D. Access and Right-of-Wav Permits: 1.0 Access Permits. Property Owner shall not use any access onto any County road unless and until an access permit has been issued by the Department of Public Works. Public Works may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article V of Chapter 12 of the Weld County Code. 2.0 Right -of -Way (ROW) Permits. Per Article IV of Chapter 12 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. E. Enforcement and Remedies: Crestone Peak Resource Holdings, LLC - IA - CR 6/ AP# 19-00231 Page 9 of 13 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have thirty (30) days within which to either cure the violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. In such event the County and/or the BOCC shall provide an accounting to the Property Owner within thirty (30) days of accessing collateral and setting forth (a) that portion of the collateral used to complete such improvements and (b) that portion of the collateral remaining 2.2. Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as described above. 2.4 Revocation of Permit. Property Owner acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the Permit, and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code. F. General Provisions: 1.0 Successors and Assigns. a OaU 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case, Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without Crestone Peak Resource Holdings, LLC - IA - CR 6/ APf119-00231 Page 10 of 13 such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 6.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. o N • 4... g - o•1. e� 11 0.. :_ e!y rdarA O 1 rA •N�� N01 ▪ :We rNo O)N,.M .0 mo 7.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 8.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements or the negligence of the Property Owner and pay any and all judgments rendered against the County on account of any such suit, action or claim; notwithstanding Section 7.0 above. Property Owner shall pay all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim if the liability loss or damage is caused by or arises out of the negligence of the Property Owner or its officers, agents, employees, or otherwise. Property Owner is not responsible for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability Crestone Peak Resource Holdings, LLC - IA - CR 6/ AP# 19-00231 Page 11 of 13 insurance coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 9.0 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. 10.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 11.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 12.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. 13.0 Force Majeure. To the extent the Property Owner is rendered wholly or partially unable to perform, or is delayed in performance of, any of its obligations under this Agreement due to an event that is (a) beyond its reasonable control, (b) is not the result of Property Owner negligence, willful misconduct, breach of contract, or intentional act or omission, and (c) could not be reasonably anticipated as of the date of the event, including, to the extent the foregoing conditions are met, acts of God (including fire, tornado, flood, earthquake, storm, lightning strike, volcanic eruption, hurricane, or other natural disaster), winter storm emergencies as defined by the National Weather Service and set forth in Section 2-9-50 of the Weld County Code, nationwide strikes, lockouts, war, riots, acts of the public enemy or terrorist, failure to obtain permits despite the Property Owner's diligent efforts (a Force Majeure), such failure to perform or delay in OM performance shall not constitute a default under this Agreement, so long as the Property Owner (i) notifies the County as soon as practicable following the commencement of the Force Majeure, (ii) takes reasonable steps or avoid or remove the Force Majeure, and (iii) resumes performance when and to the extent the Force S Majeure is removed. Unless a Force Majeure substantially frustrates the performance of a Property Owner's AM obligations under this Agreement, the Force Majeure shall not operate to excuse, but only to delay 3 Y performance, and the obligations of the Property Owner shall be extended in an amount of time equal to o �.0 - the time of such delay. 44 _4 Oii8� ram NIL On— O� C a AON m — MY Nom is m rN al wiNoc �N aM Crestone Peak Resource Holdings, LLC - IA - CR 6/ AP# 19-00231 Page 12 of 13 PROPERTY OWNER: Crestone Peak Resource Holdings, LLC By: Name: �. v+ d S f e JAr- Title: 1! I E t e STATE OF COLORADO County of Weld — Date: SS. The foregoinginstrumentwas acknowledged before me this 20M, by to a ri yrt, VS)C454it WTTNFSS my hand_and officialsee1. LAURA L CUSTER Notary Public State of Colorado Notary ID # 20124081516 My Commission Expires 04-18-2021 IA -day of _ Notary Pub is WELD COUNTY: ATTEST: Weld BY: _ totmeBo: k/ 4543175 Pages: 13 of 23 11/20/2019 12:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ike Freeman, Chair Pro -Tern NOV 18 2019 Crestone Peak Resource Holdings, LLC - IA - CR 6/ A1)1119-00231 Page 13 of 13 01_0/9-4713 ASCENT GEOIIATICS SOLUTIONS 7535 Hilltop Circle Denver, CO 80221 Ph: 303.928.7128 TBPLS Firm Registration No. 10194000 www.ascentgeomatics.com RE: Lochbuie Land 25H -D166 Access Road — Engineer's Opinion of Probable Construction Costs Attached is Ascent Geomatics Solutions (consultant) Engineer's Opinion of Probable Construction Costs (Opinion) for the Lochbuie Land 25H -D166 Pad, specifically for the Access Road construction plans prepared for Crestone Peak Resources (Client). This Opinion is based on values derived from the RSMeans 2019 Heavy Construction Cost Data Book by Gordian, adjusted to Greeley, Colorado City Cost Index. Assumptions/Exclusions: • This Opinion is only that; it represents consultants best judgment as a design professional • Consultant has no control over the cost of labor and material, competitive bidding, or market conditions • Consultant does not guarantee the accuracy of the Opinion as compared to actual bids or cost to the Client • If the Client desires a higher level of confidence in predicting anticipated construction cost than that provided in the Opinion, the Client should retain the services of a professional cost estimator for this purpose Prepared by: Michael L. Pool, P.E. Colorado Licensed Professional Engineer No. 40301 For and on behalf of Petroleum Field Services LLC d.b.a. Ascent Geomatics Solutions 4543175 Pages: 14 of 23 11/20/2019 12:33 PM R Fee:$0.00 Carl,' Koppes, Clerk and Recorder, Weld County, CO IVild PIA VE In IIIC G WM k L1 likg'MELIAilkiii4 liii We are what we repeatedly do. Excellence, then, is not an act, but a habit, -Aristotle Lochbuie Land 25H -D166 Access Road Engineer's Opinion of Probable Construction Costs Public Works Description Unit Quantity Unit Cost ($) Amount ($) Stripping & Stockpiling (200 HP dozer) CY 801 $0.90 $720.61 Rough Grading (Rough grade open sites 20,100-25,000 S.F., grader) EA 1 $1,190.70 $1,190.70 Finish Grading (Grade subgrade for base course, roadways) SY 2535 $0.48 $1,207.37 Street Base (12" deep) SY 2535 $11.91 $30,184.25 Reinforced Culverts RCP - 15" (CI 3) LF 42 $32.19 $1,352.11 Flared End Section - 15" EA 1 $383.67 $383.67 Headwall LF 5.25 $264.60 $1,389.15 Subtotal Public Works $36,427.85 Planning Services Description Unit Quantity Unit Cost ($) Amount ($) Site Grading SY 5718 $0.19 $1,059.09 Erosion Control Measures - Sediment Control Log LF 268 $7.67 $2,056.47 Erosion Control Blanket (paper biodegradable mesh) for Grass Lined Swale SF 20472 $0.71 $14,625.61 Ditch Installation LF 1727 $0.27 $472.20 Permanent Seeding (Arapahoe County Est) AC 0.66 $2,500.00 $1,650.00 Subtotal Public Works $19,863.36 TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS I TOTAL COST Public Works Planning Services $36,427.85 $19,863.36 TOTAL $56,291.21 Note: Estimated unit cost, includes labor and materials, of all public improvements to be constructed. Greeley used for City Cost Index. 4543175 Pages: 15 of 23 11/20/2019 12:33 PM R Fee:$0.00 Carly Koppes, Clark and Reoordar, Weld County, Co �u� viii C I�r1�� 'M44 r lligrIAiN /r lii Ni Pi 464. EXHIBIT 84 Time Sebbeak (OFF -SITE) wA0 -Name. of Subdivision,PUUD, 1182, RC SPtt: (, OC. 1 Lit 2 r --1/44' S Filing/Cast the Lk:t an: Jutrut wg ra be legally bowel, the trndersigncr! Applicant lrcrc5j' agrees fv prn *k rhrosigkout this fuctlt'y the ttlaIviNg impraveaselits. All Improvements. shalt be.cornpletadiwithln is 0 years from -he date gf.approval. of the final plat, Construction of the isn.rovernents listed. In Exhibit A -I shall, be abruptest! as follows: Jthpr.ovements (tetrve spaces;:61mM where t11ey-do net apply.) ISFIJJ3LLC WORICS1, Survey, Street Monuzncnfs/Boxes Street Grading Street Base. Street. Paving Pavement Marking Entrance/Access improvements Road Culvert Dust Control (per Sec, E.-7.5.2) Road Maid'. Collateral (per Sec.. E.-7-.5) 4.,PLArtrrtNG sERvieEs1. Fire Hydrants Site Grading Retention /-Detention Ponds torzt water/Drainigc- Facilities Erosion control Measures/BMP's Grass Lined Swale Ditch Improvements Parking Area, .Curb Stops, . B ia Ki esks, Mailboxes Street Lighting Street Names Sig,tage Fencing Requirements Landscaping, Seeding, Trees, 'etc. Paris Improvenienis Handicap Accessibility, Parking & I�aiis IHealtu neparhnentj Septic. Systems Final Comnlcfiini 1)n0. for Entire Project Time . Schedule 3 f z.. (0/ -SITE) a 24 a-- 20 EXHIBIT 4543175 Pages: 16 of 23 11/20/2019 12:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III )Pj? 111111 EXHIBIT B-1 Thne Schedule- Signature Page The County, at its option; and upon the request of the. Applicant, may grani'an extension of time -for completion for any particular improvements shown above;. upon .a showing by the Applicant'tl at -the above schedule cannot be met. By: Applicant 1 / Title By: Applicant Title 4543175 Pages: 17 of 23 11/20/2019 12:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII IN &HAI NikIWiI 1I II Date 2 , 213 r 9 Date 20 4343173 Pages: 18 of 23 11/20/2019 12:33 PM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County; CO ui POrd IP? figh41iaW4 111111 GENERAL NOTES: G1, ALL MATERIALS AND WORKMANSHIP SHALL BE IN CONFORMANCE WITH THE PROJECT PLANS, PROJECT TECHNICAL SPECIFICATIONS. COLORADO DEPARTMENT OF TRANSPORTATION. MOST RECENT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. OR AS AMENDED. AND THE MSS STANDARD PLANS DATED JULY 2012 OR AS AMENDED ALL WORK WILL BE INSPECTED AND APPROVED BY WELD COUNTY G2. THE CONTRACTOR SHALL HAVE IN THE CONTRACTOR'S POSSESION AT ALL TIMES ONE (1) SIGNED COPY OF THE CONTRACT AND ONE (1) COPY OF THE STORMWATER MANAGEMENT PLAN FOR THE PROJECT G3. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE OWNER REPRESENTATIVE OF ANY PROBLEM IN CONFORMING TO THE APPROVED PLANS FOR ANY ELEMENT OF THE PROPOSED IMPROVEMENTS PRIOR TO ITS CONSTRUCTION. G4. ANY CONSTRUCTION DEBRIS OR MUD TRACKED ONTO EXISTING PAVED ROADWAYS SHALL BE REMOVED IMMEDIATELY BY THE CONTRACTOR BY SWEEPING. THE CONTRACTOR SHALL REPAIR ANY PAVEMENT FAILURES CAUSED BY THE CONTRACTOR'S CONSTRUCTION. THIS WORK SHALL NOT BE PAID FOR SEPARATELY. BUT SHALL BE CONSIDERED SUBSIDIARY TO THE WORK. G5. THE CONTRACTOR SHALL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS AT AND ADJACENT TO THE JOB SITE INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING THE PERFORMANCE OF THE WORK THE CONTRACTOR SHALL PROVIDE ALL LIGHTS SIGNS, BARRICADES. FLAGGERS OR OTHER DEVICES NECESSARY TO PROVIDE FOR THE PUBLIC SAFETY. THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL ASPECTS OF SAFETY INCLUDING. BUT NOT LIMITED TO. EXCAVATION. TRENCHING. SHORING, TRAFFIC CONTROL AND SECURITY REFER TO OSHA PUBLICATION 2226, EXCAVATING AND TRENCHING FOR ADDITIONAL INFORMATION. 66. THE CONTRACTOR SHALL WORK WITHIN THE LIMITS OF THE R.O.W. AND EASEMENTS INDICATED ON THE PLANS. THE CONTRACTOR SHALL KEEP EQUIPMENT AND MATERIAL WITHIN THE ESTABLISHED LIMITS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ANY OTHER AGREEMENTS WITH PROPERTY OWNERS AS DEEMED NECESSARY. G7. THE CONTRACTOR SHALL NOTIFY ALL AFFECTED PROPERTY OWNERS 48 HOURS IN ADVANCE OF ANY WORK IN FRONT OF THEIR PROPERTY ANDJOR THEIR DRIVEWAY. G8. THE CONTRACTOR SHALL MAINTAIN ACCESS TO AFFECTED PROPERTY OWNERS AT ALL TIMES DURING CONSTRUCTION AT NO ADDITIONAL COST TO THE PROJECT. G9. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING AU. NECESSARY PERMITS FOR ALL APPLICABLE AGENCIES PRIOR TO COMMENCEMENT OF CONSTRUCITON. G10. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL ASPECTS OF SAFETY INCLUDING, BUT NOT UMTED TO. EXCAVATION. TRENCHING SHORING. TRAFFIC CONTROL, AND SECURITY. REFER TO OSHA PUBLICATION 2226. EXCAVATION AND TRENCHING G11 THE CONTRACTOR SHALL LIMIT CONSTRUCTION ACTIVITIES TO THOSE AREAS WITHIN THE LIMITS OF DISTURBANCE ANDIOR TOES OF SLOPES AS SHOE% ON THE PLANS AND CROSS SECTIONS. ANY DISTURBANCE BEYOND THESE LIMITS SHALL BE RESTORED TO ORIGINAL CONDITION BY THE CONTRACTOR AT THE CONTRACTORS EXPENSE. CONSTRUCTION ACTIVITIES IN ADDITION TO NORMAL CONSTRUCTION PROCEDURES SHALL INCLUDE THE PARKING OF VEHICLES OR EQUIPMENT, DISPOSAL OF LITTER, AND ANY OTHER ACTION WHICH WOULD ALTER EXISTING CONDITIONS. THE CONTRACTOR SHALL NOT CONDUCT ANY OPERATIONS OR STAGING OUTSIDE THE CONSTRUCTION LIMITS SHOWN ON THE PLANS WITHOUT PRIOR APPROVAL FROM THE PROJECT INSPECTOR. G12. HAUL ALL MILLINGS OR ASPHALT PIECES TO WELD COUNTY'S EAST DAVIS PIT NEAR V%CR 49 AND VCR 60.5 ON THE SOUTH SIDE G13. THIS PROJECT IS CLASSIFIED AS NONSIGNIFICANT PER COOTS SPECIFICATIONS. LOCHBUIE LAND 25H-5166 ACCESS ROAD SECTIONS 23, 24, 25, 26, TOWNSHIP 1 NORTH. RANGE 66 WEST, 6TH P.M. VICINITY MAP PROPOSED LOCFigUlE LAND 25H -D1 1/ ACCESS ROAD IEEY13l w TRIES 11%) SCALE 1" = 100 A W COW SAC RI *'ALLY. CAP ILFOSE N 04130.36 L 30/932_53 Know what's below. Call before you dig. UTILITY CONTACT LIST COMCAST CENTURY LINK XCEL ENERGY 1 (800) 934-6489 1 (800) 2441111 1 (800) 895-4999 EXHIBIT NIMM361N 704176 HORIZONTAL CONTROL PLAN SCALE 1' 0 100' SHEET INDEX SHEET 1 2 3 4 5 6 CONTACTS PROPERTY OWNER. DRAWING NUMBER DESCRIPTION Cl C2 C3 C4 05 C6 APPUCANT/OPERATOR CONSULTANT: COVER SHEET GENERAL NOTES PLAN ANO PROFILE GRADING AND EROSION CONTROL DRAINAGE DETAILS WELD COUNTY 1111 H STREET P.O. BOX 758 GREELEY, CO 80632-0758 CRESTONE PEAK RESOURCES 1801 CALIFORNIA STREET. SLATE 2500 DENVER, CO 80202 ASCENT GEOMAT1CS SOLUTIONS 8620 WOLFF COURT WESTMINSTER. CO 80031 (303) 928-7128 COORDINATES FOR HORIZONTAL CONTROL POINTS N 1/4 CORNER SEC 26 NW CORNER SEC 25 LDP CO NORTH STATE PLANE GRID NAD 83 LDP CO NORTH STATE PLANE GRID HAD 83 NORTHING 94730.35 1254511.63 94726.22 1254529.22 EASING 307932.53 3211585.15 310581.23 3214233.07 NOTES: 1. ALL DISTANCES AND BEARINGS SHOWN HEREON ARE GROUND VALUES AS LIPS MEASURED IN THE FIELD, WITH TIES TO WELLS MEASURED PERPENDICULAR TO LINES SHOWN HEREON. THIS LOW DISTORTION PROJECTION (LOP) IS BASED ON THE NORTH AMERICAN DATUM OF 1983, U.S. SURVEY FOOT WITH A LATITUDE ORIGIN OF 40.044013"N, A CENTRAL MERIDIAN LONGITUDE OF 104.7727366W. ANU A SCALE FACTOR ON THE CENTRAL MERIDIAN OF 1.000238 (EXACT). THE L DP BASIS OF BEARINGS IS GEODETIC NORTH. MOTE: ASCENT 0EOSATICS SOLUTIONS TEAS NOT PRONOCO A ILL REPORT TOR 1MS Silt ALL RECORDED OOCIWEMIS REFERENCED OM 1N[SE RAMS R[RE OOEIMLOAOED CRON RESEARCH NA THE REID COUNTY CILRR AHD RECORDER. ASCENT CEouATICS saunas YOKES NOT CUAR/W v on WARRANTY, EITHER CYPRESSED OR IMPUEO, TO THE COMPLETENESS or WL1AlRANQS TO 166E SUBJECT PROPERTv as -inn liar = E' MEY1l'aIi 10SOT X11\ 7 •••••• ••• mama luny. .-. •......-.-.... MEN ....... -w -...-MY—. • ........-. -, w.. -. ••5... -.-1 bo a. ,.r. —r.. u,.- •. r-Iboa mar ---. w. NW COO. SEC 75 LW ALw CAP PIS 25636. 2002 N 04176.15 E 310661.7] Sat .S. .r.w.MRS (M..r— wwIMF MOM "yin," .4w. SOU w -w. rw to, w..ww.r..i. ..esow aswn ASCENT Ascent Geomatics Solutions 8620 Wolff Court Westminster CO 80031 PREPARED FD [RESUME PEAR • U Cr cnEn n Q N O LO V <U-wU w J I- CC Q 5 w w O w > Z r W CO O O w D_ U sol • COVER SHEET k 8 i " o OW x6 n z REVISION DESCRIPTION d 4 4 PP 62 1! ti S W I H 8 8 2 O 2 E S a CN M, P RD C 04-30-2018 A CRAVING DATE 04-11-2019 CRAP AEC BY DP SHEET ND Cl 4543175 Pares: 19 of 23 11/20/2019 12:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Wald County, CO iii Ncic c cer r is M MIMPI tiwO,ICI l II III CONSTRUCTION NOTES: CI. i CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING ADEQUATE E OF THE JOB SITE AT ALL TIMES. NO ADDITIONAL PAYMENT WILL BE MADE FOR DEWATERING, DITCHES. PIPES. OR ANY OTHER TEMPORARY DRAINAGE APPURTENANCE NECESSARY OR ORDERED BY THE OWNER REPRESENTATIVE TO REASONABLY DRAIN THE JOB SITE THROUGHOUT CONSTRUCTION. C2 THE CONTRACTOR SHALL ADORE. LOCAL DRAINAGE DURING EACH PHASE OF CONSTRUCTION. THIS SHALL NOT BE PAID FOR SEPARATELY, BUT SHALL BE CONSIDERED INCIDENTAL -.THEW.. C3. VVHERE FENCES ARE IMPACTED BY THE CONSTRUCTION. THEY SHALL BE REMOVED ONLY WHEN APPROVED BY THE ENGINEER. ALL PRIVATE LIVESTOCK AREAS SHALL BE MAINTAINER THROUGH CONSTRUCTION OF NEW FENCES OR TEMPORARY FENCES, IF NECESSARY. THIS WILL NOT BE PAID FOR SEPARATELY BUT SHALL BE INCLUDED IN THE COST OF THE WORK. CO.LL BACKELL MATERIAL AND EMBANKMENT SHALL BE COMPACTED IN ACCORDANCE MATH PROJECT PLANS AND TECHNICAL SPECIFICATIONS AND THE COLORADO DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. 2017 EDITION. EXCEPT WHERE NOTED OTHERWISE. C5. CONTRACTOR SHALL PROTECT ALL ADJACENT PROPERTY FROM CAMACE INCLUDING. BUT NOT LIMITED O. DRIVES. FENCES. RETAINING WALLS. TREES. VEGETATION. AND BURIED IRRIGATION. ALL DAMAGE USED BY THE CONTRACTOR SHALL BE REPAIRED AT THE CONTRACTORS EXPENSE WITH 48 HOURS OF NOTIFICATION BY THE OWNER. CS. THE CONTRACTOR 5.LT NOT ALLOW EXHAUST FROM EQUIPMENT TO EXHAUST DIRECTLY ONTO VEGETATION. CONTRACTOR SHALL REPLACE DAMAGED VEGETATION OR TREES WITH INJRIND VEGETATION OR TREES AT THE CONTRACTORS EXPENSE. C7. BREAKPOINTS ON SLOPES AND IN BOTTOM OF DITCHES SHALL BE ROUNDED DURING CONSTRUCTION FOR A PLEASING APPEARANCE. CS THE CONTRACTOR SHALL PROVIDE A CERTIFIED SCALE AND CERTIFIED WEIGHER AT THE POINT OF LOADING FOR ALL AGGREGATES. CEMENT. AND H. DELIVERED TO THE PROJECT. A CERTIFIED TICKET SHALL BE PROVIDED FOR EACH LI AO OF MATERIAL DELIVERED TO THE PROJECT. THE TICKET SHALL SHOW GROSS ARE, AND NET WEGHTS. THE CONTRACTOR SHALL NOT DELIVER ANY LOAD EXCEEDING THE LEGAL WEIGHT LIMIT. DELIVERY OF ANY OVERWEIGHT LOADS WILL BE REJECTED THE CONTRACTOR SHALL NOT LEAVE A VERTIGL EDGE NEXT TO TRAVELED WAY DURING CONSTRUCTION. ALL SLOPES SHALL NOT BE LESS THAN A 3I TAPER. C10. DIMENSIONS FOR 1AYOUT AND CONSTR.TION ARE NOT TO BE SCALED FROM ANY DRAWING. IF PERTINENT OIMENSION6 ARE NOT SHOWN, CONTACT THE ENGINEER FOR CLARIFICATION. CII THE CONTRACTOR SHALL .SK ALL SIGNS CONFLICTING WITH CONSTRUCTION SIGNING. THE MASKING F SIGNS WILL NOT BE MEASURED AND PAID FOR SEPARATELY BUT SHALL BE INCLUDED IN THE COST OF THE NARK. C12. CONSTRUCTION SHALL FOLLOW THE PHASING PLAN SHEETS. ANY VARIATIONS SHALL BE SUBMITTED TO THE ENGINEER ONE WEEK PRIOR TO CONSTRUCTION FOR APPROVAL OR REJECTION. Ct] ALL DETOUR PAVING SHALL INCLUDE. BUT NOT BE LIMITED TO. AS BC A. EMBANKMENT MATERIAL. TEMPORARY CULVERT EXTENSIONS. AND ANYTHING ELSE REQUIRED TO SAFELY ACWMMOOATE TEMPORARY TRAFFIC AS DIRECTED BY THE ENGINEER. LOCHBUIE LAND 25H -D166 ACCESS ROAD SECTIONS 23, 24, 25, 26, TOWNSHIP 1 NORTH, RANGE 66 WEST, 6TH P.M. UTILITY NOTES: U1. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES. AS SHOWMH ON THESE PUNS, IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES AND WHERE POSSIBLE. MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED UPON AS BEING EXACT OR COMPLETE. THE CONTRACTOR SHALL CONTACT THE UTILITY NOTIFICATION CENTER OF COLORA00 (UNCC) AT 1.800.022-1987.0' 811. AT LEAST TWO WORKING DAYS PRIOR TO BEGINNING EXCAVATION OR GRADING. TO HAVE ALL REGISTERED UTILITY LOCATIONS MARKED. THE UNREGISTERED UTILITIES ARE TO BE LOCATED BY CONTACTING THE RESPECTIVE REPRESENTATIVES. UTILITY SERVICE LATERALS ARE ALSO TO BE LOCATED PRIOR TO BEGINNING EXCAVATION OR GRADING. w. THE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL EXISTING UTILITIES (INCLUDING DEPTHS) WHICH MAY CONFLICT WITH THE PROPOSED CONSTRUCTION. THE CONTRACTOR, AT THE CONTRACTOR'S EXPENSE. SHALL PROTECT ALL EXISTING UTILITIES AND BE RESPONSIBLE FOR THEIR REPAIR IF THEY ARE DAMAGED DURING CONSTRUCTION. ALL WORK PERFORMED IN THE AREA OF EXISTING UTILITIES AND IRRIGATION SHALL BE PERFORMED ACCORDING TO THE REQUIREMENTS OF THESE AGENCIES. THE ESTIMATED NUMBER OF POTHOLING HOURS REQUIRED FOR THIS PROJECT ARE SHOWM IN THE SUMMARY OF APPROXIMATE QUANTITIES. U3. THE CONTRACTOR SHALL COORDINATE CONSTRUCTION ACTIVITIES WITH IMPACTED UTILITIES TO ASSURE THE TIMELY RELOCATION OF THEIR FACILITIES. THIS COORDINATION SHALL INCLUDE ANTICIPATED IMPACTED UTILITIES AND UNFORESEEN IMPACTED UTILITIES. THE UTILITY WORK SHALL BE INCLUDED IN THE CONTRACTORS SCHEDULE. TRAFFIC CONTROL NOTES: i I. A TRAFFIC CONTROL PLAN SHALL BE SUBMITTED TO THE ENGINEER AT LEAST TWO WEEKS PRIOR TO EFFECTING TRAFFIC FOR APPROVAL. THIS TRAFFIC CONTROL PLAN SHALL INCLUDE DETAILS ABOUT MAINTAINING ACCESS DURING CONSTRUCTION. ONE ACCESS SHALL REMAIN OPEN AT ALL TIMES DURING CONSTRUCTION. THE CONTRACTOR SHALL HAVE, ONSITE Ai ALL TIMES. ONE (1) SIGNED COPY OF THE APPROVED TRAFFIC CONTROL PLAN. THE CONTRACTOR SINLL BE RESPONSIBLE FOR PROVIDING ANY AND ALL TRAFFIC CONTROL DEVICES AS MAY BE REWIRED BY THE CONSTRUCTION ACTIVITIES. ALL ROAD CLOSURES MUST BE APPROVED BY THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS. O. CONTRACTOR SHALL OBTAIN A RIGHT OF WAY PERMIT, CONTACT AMY MUTCHIE AT 1970) 3046486 EXT. 3764. THERE WILL BE NO COST FOR THIS PERMIT. T3. FUOOERS WILL BE ALLOWED WHEN NECESSARY FOR CONSTRUCTION DURING DAYLIGHT HOURS. TWO 12 FOOT LANES PLUS TWO 2 FT SHOULDERS MUST BE ESTABLISHED TO ACCOMMOGTE TRAFFIC DURING ALL NIGHT TIME HOURS, EARTHWORK NOTES: Et. WATER SWWLL BE USED AS A DUST PALLIATIVE WHERE REQUIRED. LOCATIONS SHALL BE AS ORDERED. THE COST FOR THE OUST PALLIATIVE WILL NOT BE MEASURED AND PAID FOR SEPARATELY. BUT SHALL BE INCLUDED IN THE COST OF UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE). 0, EXCAVATION REQUIRED FOR COMPACTION OF BASES CUTS AND FILL WILL BE CONSIDERED AS SUBSIDIARY TO THAT OPERATION AND WALL NOT BE PAID FOR SEPARATELY. ED PRIOR TO PLACING ANY EMBANKMENT, THE SUBGRADE AREA SHALL BE THOROUGHLY SCARIFIED 10 INCHES DEEP IN ACCORDANCE WITH SECTION 20307 OF THE COOT STANDARD SPECIFICATIONS. ABC SHALL BE COMPACTED TO B5%OF THE MAXIMUM RELATIVE COMPACTION DRY DENSITY. E4. THE VAR 6 EXTENSION GEOTECHNICAL ENGINEERING REPORT, DATED APRIL 16. 2019. IS AVAILABLE UPON REQUEST. ENVIRONMENTAL NOTES: ENT. ALL VEHICLES AND EQUIPMENT ENTERING THE PROJECT AREA WILL BE CLEAN OF NOXIOUS WEEDS AND WALL BE SUBJECT TO INSPECTION. ALL VEHICLES WILL BE WASHED THOROUGHLY TO REMOVE DIRT. PLANT MATERIALS AND OTHER FOREIGN MATERIALS PRIOR TD ENTERING THE PROJECT SITE. NOXIOUS WEEDS OBSERVED IN AND NEAR THE CONSTRUCTION SITE SHALL BE TREATED WITH HERBICIDE OR MECHANICALLY REMOVED PRIOR TO ANY GROUND DISTURBANCE SOIL SUPPORTING NOXIOUS WEEDS OF MORE THAN 10 PERCENT SHALL NOT BE USED AS TOPSOIL DURING REVEGETATION EFFORTS. EN2. CLEARING AND GRUBBING OF VEGETATION THAT MAY DISTURB GROUND NESTING BIRDS SHALL BE COMPLETED BEFORE BIRDS BEGIN TO NEST OR AFTER THE YOUNG HAVE FLEDGED. IF WORK ACTIVITIES ARE PLANNED BETWEEN APRIL 1 AND AUGUST 31. VEGETATION SHALL BE REMOVED ANC/OR TRIMMED TO A HEIGHT OF SO (61 INCHES OR LESS PRIOR TO APRIL 1. ONCE VEGETATION HAS BEEN REMOVED AND/OR TRIMMED, APPROPRIATE MEASURES. I.E. REPEATED MOWING/TRIMMING. SHALL BE IMPLEMENTED TO ASSURE VEGETATION ODES NOT GROW MORE THAN SIX (6) INCHES. FAILURE TO MAINTAIN VEGETATION HEIGHT OF SIX (6) INCHES OR LESS /MI/POSTPONE PROJECT CONSTRUCTION. SURVEY NOTES: SI. ALL SURVEY MONUMENTS SHALL BE PROTECTED AND RESET IF DAMAGED. DEVELOPMENT REVIEW NOTES: D1. ALL WORK WITHIN WELD COUNTY RIGHT OF WAY ON ROADWAYS MAINTAINED BY WELD COUNTY SHALL BE BUILT PER THE LATEST REVISION OF THE COOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE E TESTING OF THE WORK ON WELD COUNTY ROADWAYS SHALL BE PER THE LATEST REVISION OF THE COOT FIELD MATERIALS MANNL. O2 ALL WARN WITHIN WELD COUNTY RIGHT OF Y ON ROADWAYS NOT MAINTAINED BY WELD COUNTY SHALL BE TESTED PER THE LATEST REVISION OF THE COOT FIELD MATERIALS ANNUAL. PREPARED BY ASCENT O E i 6 Q E PREPARED FOR tioA ON"1""" R Jy KENO Q DLLWV W -FLY aajw WUMZ N m O LY U FIELD GATE 04-30-2018 04-11-2019 DRAFTED 67 DP SHEET NO C2 4543175 Pages: 20 of 23 11/20/2019 12:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 ThliW .l:IAKI IAA 11101 . J LOCHBUIE LAND 25H -0166 ACCESS ROAD SECTIONS 23, 24, 25, 26, TOWNSHIP 1 NORTH, RANGE 66 WEST, 6TH P.M. �/ % 1 �/ f; I L I /1 � 1 ` __ __ Ass I I — — Ascent Geomatics Solutions _7r 8620 Wolff Court .n Westminster, CO 80031 �' a —''� l \ � _ �RwxT.ePl�,nv ` .gym ��;�� _T �' — — — — = , — — __'..rx M30 T — ° 2m � iJ/ °P .non, K ��1 �ea°P 0,Too t; _ 91.10 , .. CRESTONE PEAK RESOURCES 1801 CALIFORNIA ST �o SUITE 2500 DENVER CO 80202• n ME1 Aa M d E @ E! sqF 1 M a Haan E H 6� SKEET XV, PLAN AND PROFILE �zS 2PE D abt°a0.1i�9°� N „� 2R2 2 2E,t t1,1O,N 2R MOO sOnO �s Fo u cn ¢ z S u ¢ WELD 11mY RENEW LOMMENl5 WELD CWCoNTY RENEW COMMENTS WOO r s° -, 00 0.0 I.00 00 3.00 4.00 SAM 6.00 T.no e 00 VVCR 6 EXTENSION 0+R° e.e° 1.16H UTILITY NOTES: Table 6.1t 1.200 pro0 Sew, 1x2,.1 M20Mi0 11 P l s , Wd dmM Tray Itane.I sN I alaae Mnn_ _- I. Ut. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF nK - _._ Plaa on 1 1 T (min.) ImML I Irsin.0.Mis Width 000 Width I DMA) EXISTING UTILITIES AS SHOWN ON THESE PLANE IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES AND WHERE POSSIBLE MEASUREMENTS TAKEN IN THE FIELD THE INFORMATION IS NOT TO BE RELIED UPON AS BEING EXACT OR COMPLETE THE CONTRACTOR e m o. Mua r ni'nu xaa ,s. — J- m m n.•:lT re.a,n "I' 11 , iN. mn.• --- — - - - -� — RURAL ---- OAOSIrvtE 1 -- - ----- SHALL CONTACT THE UTILITY NOTIFICATION CENTER OF COLORADO (UNCC) AT b188], m 811, AT LEAST TWO WORKING DAYS PRIOR TO BEGINNING EXCAVATION OR GRADING, TO HAVE waaw s . a '2dZ°,722' xr a. PnOPc 521 IM�aII '-3i , artena MO' Paved 2 ii I S d x/A WA ALL REGISTERED UTILITY LOCATIONS MARKED THE UNREGISTERED UTILITIES ARE TO BE 2P wN2 Gd Ccl °� eascn + M x Co enar AO Pave. i 1 Paved Roadside x/A WA LOCATED BY CONTACTING THE RESPECTIVE REPRESENTATIVES UTILITY SERVICE LATERALS s,0 i GGGrororo a„0 F�,}q� .`'P6'xI- r3L.1 D kk _ ditch ARE AL60 TO BE LOOATEDPRIOR TOSEGINNINGEXCAVATION OR GRADING U3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL EXISTING UTILITIES (INCLUDING I � is.a -ISM - - ""�'� \\ INrtll TYPICAL \ \ (�emir _...- tl) UP - _ Gravel Gravel i .....-. 3 J i 2' v a tlsW Z. PoeLaMe /A N/A......... W / ... "' /Oe =' D o DEPTHS) WHICH MAY CONFLICT WITH THE PROPOSED CONSTRUCTION, THE CONTRACTOR, AT A.S]% CROSS SECTION 111.avedl •ditch THE CONTRACTOR'S EXPENSE, SHALL PROTECT ALL EXISTING UTILITIES AND BE RESPONSIBLE n2 OLL Nm*o.4,, nw•�•= ..' PUPAL ROADS IULTIMATLI FOR THEIR REPAIR IF THEY ARE DAMAGED DURING CONSTRUCTION. ALL WORK PERFORMED IN THE AREA OF MST,. UTILITIES AND IRRIGATION SHALL HE PERFORMED ACCORDING TO THE REQUIREMENTS OF THESE AGENCIES. THE ESTIMATED NUMBER OF POTHOLING HOURS FOR THIS PROJECT ARE SHOWN IN THE SUMMARY OFAPPROXIMATE QUANTITIES. anc,wo —9;16% cneuu0 xOrEs,, Arrenal ,d2 Pavetl a-1 tii 60a0d Gravel Roadsideand/ar 0528 or WA z- ^ n !IRO 11111, 04-302010 555 U3. THE CONTRACTOR SHALL COORDINATE CONSTRUCTION ACTIVITIES WITH IMPACTED UTILITIES TO ASSURE THE TIMELY RELOCATION OF THEIR FACILITIES. THIS COORDINATION SHALL INCLUDE ANTICIPATED IMPACTED UTILITIES AND UNFORESEEN IMPACTED UTILITIEfi. THE UTILITY WDRK SHALL BE INCLDQED IN THE CONTRACTOR'S SCHEDULE. 11 Know what's below. 9 canbefGEG you 509°0 sW BE wgN[ERN2acexemucmxeumcuxEe ,. msPPns'SSSSI2N2 RIEITEE2NSE ucsxc s+sc'" ma va:,Nmmnvxcfsxwcs osa lis AILSDE6Wvssa2 NE6EE0E2AxPu2O12 `' vo°RSTOMEETWE ciEcmc REO neunExM 5, WIDTH OF PM MAU BR DETERMINED B cue6lPZAT W 2s Rao e apNNdPEn APPRwE2 PUN P511205, 20 dpi "'- "' Paved e LEGEND _: -----PRSPSOEa i i '- ' - :P0naF -nnonon ix si' " G el 20.0.,SINE ED. OFPCa sacs 2P RO0 RM... 0SE 2410 N/A - " - --"'-'-""- SIR WA """""""' °RAPINE OATS 04-11-2010 BRAE TEN BY: DP NOM NO ° 0+00,. ° r.::°° e' EXISTING PRIVATE ROAD-Pn2Pa5 P a 4543175 Pages: 21 of 23 11/20/2019 12:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO MCI klIti rh "Ill I j I^° ..—.—�+_�� I FII__v III Iii J — LOCHBUIE LAND 25H -D166 ACCESS ROAD SECTIONS 23, 24, 25, 26, TOWNSHIP 1 NORTH, RANGE 66 WEST, 6TH P.M. _._-.---� I III _ _ -_ I �, _ a RRtLRwRMRR�„oM° sl '(�r/ ,,....ffNaxaw,w ,RcSUBO gMOB R \ �w ,,,. 17,7gar''''' y— cD --'7'—anon -`` � ' ...7.--,�FTc+«-"` � ,_—` �y—� _" !`L�,` J I1 LEGEND NO GAS ORE NDWATER Lw. 1 • CREPE DPP • INLET PROTECT., RECT RON 11 O • PERMANENT PUMP ,'I o / / „_ —' \ \ \ 9'(:nv: )S )j 4 pl g\\\\1 -1 I —_ __ 1 )nE,i�wo \. Ascent Geomatics Solutions ::w 8620 Wolff Court -n Westminster, CO 80031 CRESTONE PEAK RESOURCES 1801 CALIFORNIA ST ` SUITE 2500 - o DENVER CO 80202 E ` „��co -�, CD °,,,—� p %' `�-- — — — \l _��' _ _ — — c,�R�o�.o,.. \ ,m— v 7yT i — /_ — — — - _ ,dam -�—' �T — t — / \ _ -_ _ MH�x roe ,— ��— �m ..-.. \ cR cR 0�:. -- 0'xE4G_1 Tom_ D•___ _ _� �� 1 _ I , —� . ,. MO i { $ .� �� .� '` \1ifll - .00 -----.7._._,= — Poa — vao — wo RR MO ..,M1. '- MO�— um Ja �sw �— _.0 ..o mowmxtRRR -` l ' ,.a me Um ERR '� �yi _vm- M gERR _jj r'' JII cR � �� f - _ '/ _ I w -m.—, Ra _� _ Nom./ / a �,_ _ Riati ., i SLEET VANE GRADING, EROSION, AND SEDIMENT CONTROL PLAN 33 3 B .'NX 3' o A O 7�Xj NOTES: ----}---�( B. SEE URBAN DRAINAGE SPECIFICATION 313700(RIP RAP. BOULDERS, AND BEDDING) FOR RIP RAP REQUIREMENTS. EARTHWORK NOTES: \ — a — El. WATER SHALL BE USED AS A OUST PALLIATIVE WHERE REQUIRED. LOCATIONS SHALL BE AS ORDERED. OUST PALLIATIVEWILL MEASUREDANDETE PIN ID SEPARATELY, BUT SHALL BE THECOSTFIN R THETHE r z w F o 5 5� WELD COUNTY RENEW COMMENTS WELD COUNTY REVIEW COMMENTS '., INCLUDED IN THE COST OF UNCLASSIFIED PLACE) SIFIEO EXCAVATION (COMPLETE IN PLACE). EXCAVATION Q. EXCAVATION REQUIRED FOR COMPACTION OF BASES CUTS AND FILL WILL BE CONSIDERED AS ENFRN 101126ElTO THAT OPERATION AND WILL NOT BE PAID FOR SEPARATELY. ko -I E3. PRIOR TO PLACING ANY EMBANKMENT, THE SUBORN. AREA SHALL BE THOROUGHLY SCARIFIED 10IggCTIMOLIOMM INCHES DEEP IN ACCORDANCE WITH SECTION 203.0] OF THE COOT STANDARD SPECIFICATIONS. ABC nwRmw i� awLE., SHALL BE COMPACTED TO 36% OF THE MAXIMUM RELATIVE COMPACTION DRY DENSITY. E4 THE WCR 6 EXTENSION GEOTECHNICAL ENGINEERING REPORT. DATED APRIL 16, 20161. IS AVAILABLE UPON }..H ..P,w A' REQUEST. r • °Iii} >. •7N. D WL30 SITE QUANTITIES: uNT Q a Z d d n n -/ - uw w.a _./ 9 RC AR W g FILE WELL�ACTDRI to TYPE OF PIPE NEMWAI,L DIMENSIONS SHRINKAGE FACT00. RIM) SINGLE PIPE .,• .' _ -< w , TOTAL GUT FOR SITE 1,103 CV .. .. .v w.,° ,� ..n ,.,,, CONCRETE HEAOWPLL IH61Ay s TOTAL FILL FOR SITE FIRE! WI 04-30-2018 ,1° LPL nm.,-rs n.vw n...w.R.a. u.+ .,+ N' IMET PORTMMAATERIA DCY NOTE: OBTAINED FROM OLDCASTLE INFRASTRUCTURE NOTE: REFER TO COOT HEADWALL AND TOPSOIL FROM GRADED AREA cne OR USE APPROVED EQUIVALENT PIPE OUTLET PAVING (M-601-12) AGGREGATE SASE COURSE O LY RSE I,r' DEPTH) D R�DRAFTED Y 11 en.,wbsI9 below. i/ Call before you a . NOTE. SEE .SHETwFOR EROSION AND SEDIMENT CONTROL NOTES AND DETAILS. DRAWING HIE 04-11-2019 BY. DP SHEET NO C4 4343175 Pages: 22 of 23 11/20/2019 12:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII idIMG' IChTi1 irrliii'll'Ahlilili'lIf rifiLW 1I II I LOCHBUIE LAND 25H -D166 ACCESS ROAD SECTIONS 23, 24, 25, 26, TOWNSHIP 1 NORTH, RANGE 66 WEST, 6TH P.M. �P�ra MCP.az,r -- — — J ,sEEME.m, nnxxErtrrA, wPa..; /_I \ g — N r 3;) 33.33m maw"�1 ako �mcoo too_ uoa �ully�i . \ aaxxE kr---7 N N -- -- N 1-.,m sq .� r / \y4-, lI- ,xL 51,0 5100 sourvue ®asexcMAoe 1+00 CULVERT Know ',oats below. Call before youdig. 5110 5100 .00 w. ro.,_. LEGEND-vlsswa sulLMwouxrt ..PROPOSED WOE OF ROAD qr •MEM. aAM \ \ 1 /isxian_ — � Y N - uoa j /m- 72 l xx m� .,.. �xa TM 1 0 Roadway RIRht-ol. ROaiTinihae Travel . ... ..... Moilidar Drainage h ,.n Side, .,.. all w Width ,u, on wfmin.l n ao lrrafmin.) s (min.) a InOnd/NYw Im Width.1 Imn..l rArtena I Mg Paved I N/A Gravel ditch 1a, Ar,erel; PavedD d / N/A Gravel M Grave ...E Gave - qoa tle CIA N/A ,1 ditrn 20'.-.__a _. qad Ce-.,. N/A _.. N/A Mob u Paved RUMI.ROAMNUNNIA) Collector ,oral 2' Gravel r Gravel N/A N/A N/A PREPARED BY ASCEPNr r o Yi)U PR EPARER FRR ^MEHrONE PEA. U o w U w J H Ud W UmZ W' U he • i§ 8 5 P 8 f IRO DATE, 04-30-2018 ORAWIK6 DATE 04-11-2019 DRAUTU BY: DP SKEET NO C5 4543175 Pages: 23 of 23 11/20/2019 12:33 PM R Fe.:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII KA« l'IL 11111 Check Dams (CD) EC -I2 LELRIIHISSERIES PROFILE Inlet Protection OP) EC -12 LOCHBUIE LAND 25H -D166 ACCESS ROAD SECTIONS 23, 24, 25, 26, TOWNSHIP 1 NORTH, RANGE 66 WEST, 6TH P.M. Check Damp (CD) SC -6 SC -6 Inlet Prol cello)) (IP) EC -8 Temporary Outlet Protection (TOP) IDtIPOEARY 42.E.Ei_TgyECTTSSJ PLAN SEEDING MIXTURE td ON 0 0 Er Temporary Outlet Protection (TOP) EC -8 APP NOTE. SEE URBAN DRAINAGESPECIFICATION SI Si 00 (RIP RAP, BOULDERS, AND BEDDING) FOR FULL RIP RAP REQUIREMENTS. PREPARED DV ASCENT = r o m ' O YS U E 2, N (-•'; E m 3 a PREPARED FDR: h, W CC. O 5 qtly 9 FIELD DATE. 04-30-2018 GRAMME DATE. 04-11-2019 DRAFTED DY: DP SHEET NB C6 Copy JPMORGAN CHASE BANK, N.A. GLOBAL TRADE SERVICES 131 SOUTH DEARBORN, 6th FLOOR MAIL CODE: IL1-0236 CHICAGO, IL 60603-5506 SWIFT: CHASUS33 DATE : 10 Oct 2019 IRREVOCABLE STANDBY LETTER OF CREDIT REFERENCE NO.: NUSCGS030092 TO: WELD COUNTY 1150 O STREET GREELEY, CO, 80631 DEAR SIR/MADAM, WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR. BENEFICIARY : WELD COUNTY 1150 O STREET GREELEY, CO, 80631 ACCOUNT PARTY : CRESTONE PEAK RESOURCES LLC 1801 CALIFORNIA STREET SUITE 2500 DENVER CO 80202 DATE OF EXPIRY : 10-OCT-2020 PLACE OF EXPIRY : OUR COUNTER AMOUNT : USD 56,291.21 APPLICABLE RULE : ISP LATEST VERSION THIS LETTER OF CREDIT IS AVAILABLE WITH JPMORGAN CHASE BANK, N. A., AGAINST PRESENTATION OF THE DOCUMENT INDICATED HEREIN. 1. BENEFICIARY'S DATED STATEMENT REFERENCING JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NO. NUSCGS030092 INDICATING AMOUNT OF DEMAND/CLAIM AND PURPORTEDLY SIGNED BY AN AUTHORIZED PERSON, SIGNED AS SUCH, READING AS FOLLOWS: "WE HEREBY CLAIM PAYMENT OF USD UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NUMBER NUSCGS030092, AND HEREBY CERTIFY THAT THERE HAS BEEN A LOSS, DAMAGE, OR LIABILITY RESULTING FROM THE APPLICANT'S PERFORMANCE OR NON-PERFORMANCE OF ITS DUTIES AND OBLIGATIONS UNDER THE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT, CR 6 AND AP.19-00231, FOR THE LOCHBUIE LAND 25H -D166 ACCESS ROAD,IN THE AMOUNT OF THE ACCOMPANYING DRAFT NECESSARY TO COMPENSATE FOR THE LOSS, DAMAGE, OR LIABILITY AND THAT THE AMOUNT OF THIS DRAFT IS., THEREFORE, NOW DUE AND PAYABLE." IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL 1 YEAR PERIODS FROM THE PRESENT OR EACH FUTURE EXPIRATION DATE, UNLESS AT LEAST 45 DAYS PRIOR TO THE CURRENT EXPIRY DATE WE SEND NOTICE IN WRITING TO YOU AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO AUTOMATICALLY EXTEND THIS LETTER OF CREDIT FOR ANY ADDITIONAL PERIOD. PRESENTATIONS OF DRAWINGS MAY BE PRESENTED BY TELECOPY ("FAX") TO FAX NUMBER 856-294- 5267 UNDER TELEPHONE PRE -ADVICE TO 1-800-634- 1969, PROVIDED THAT SUCH FAX PRESENTATION IS RECEIVED Organized under the laws of U.S.A. with limited liability United States NUSCGS030092 10 Oct 2019 Page -1/3 Copy Continuation of our Reference NUSCGS030092 ON OR BEFORE THE EXPIRY DATE ON THIS INSTRUMENT IN ACCORDANCE WITH THE TERMS AN D CONDITIONS OF THIS LETTER OF CREDIT, IT BEING UNDERSTOOD THAT ANY SUCH FAX PRESENTATION SHALL BE CONSIDERED THE SOLE OPERATIVE INSTRUMENT OF DRAWING. IN THE EVENT OF PRESENTATION BY FAX, THE ORIGINAL DOCUMENTS SHOULD NOT ALSO BE PRESENTED. WE HEREBY AGREE WITH YOU THAT DOCUMENT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT WILL BE DULY HONORED. ALL CORRESPONDENCE AND ANY DRAWINGS HEREUNDER ARE TO NOW BE DIRECTED TO JPMORGAN CHASE BANK, N.A., C/O JPMORGAN TREASURY SERVICES, ATTN: STANDBY LETTER OF CREDIT DEPT., 10420 HIGHLAND MANOR DRIVE, 4TH FLOOR, TAMPA, FLORIDA 33610. WE ENGAGE WITH YOU THAT DOCUMENTS PRESENTED UNDER AND IN CONFORMITY WITH THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION IF PRESENTED ON OR BEFORE THE EXPIRATION AT OUR COUNTERS AT JPMORGAN CHASE BANK, N.A., C/O JPMORGAN TREASURY SERVICES, 10420 HIGHLAND MANOR DR., 4TH FL., TAMPA, FL 33610. THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY THE DOCUMENTS REQUIRED UNDER THIS CREDIT FOR ENDORSEMENT. THIS LETTER OF CREDIT MAY BE CANCELLED PRIOR TO EXPIRATION PROVIDED THE ORIGINAL LETTER OF CREDIT (AND AMENDMENTS, IF ANY) ARE RETURNED TO JPMORGAN CHASE BANK, N.A., AT OUR ADDRESS AS INDICATED HEREIN, WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING THAT THE ATTACHED LETTER OF CREDIT IS NO LONGER REQUIRED AND IS BEING RETURNED TO THE ISSUING BANK FOR CANCELLATION. THIS LETTER OF CREDIT IS SUBJECT TO AND GOVERNED BY THE LAWS OF THE STATE OF COLORADO, AND, EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES, INTERNATIONAL CHAMBER OF COMMERCE - PUBLICATION NO. 590 (9SP98") AND IN THE EVENT OF ANY CONFLICT, THE LAWS OF THE STATE OF COLORADO WILL CONTROL, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. All inquiries regarding this transaction may be directed to our Client Service Group at the following Telephone Number or Email Address quoting our reference NUSCGS030092. Telephone Number: 1-800-634-1969 Email Address: gts.client.services@jpmchase.com Yours Faithfully, JPMorgan Chase Bank, N.A., United States Organized under the laws of U.S.A. with limited liability NUSCGS030092 10 Oct 2019 Page -2/3 GoPy Continuation of our Reference NUSCGS030092 Authorized Signature Gilberto F. de Paula VP - Operations Manager Organized under the laws of U.S.A. with limited liability United States NUSCGS030092 10 Oct 2019 Page -3/3 Contract Request Entity Name* Entity ID* CRESTONE PEAK RESOURCE @00040463 HOLDINGS LLC act Name* Contract ID IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT 3204 CR61AP19-00231 Contract Status CTB REVIEW ❑ New Entity? Parent Contract ID Contract I earl* Requires Board Approval TJUANICORENA YES Contract Lead Email Department Project # tjuanicorena @co.weldd.co us Contract Description IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT CR6iAP19-00231 W COLLATERAL Contract Description 2 Contract Type* AGREEMENT Amount 556,291.21 Renewable NO Rer Department PUBLIC WORKS Department Email CM- PubIicWorks eldgay.c m Department Head Email CM-PublicWorks- DeptHead C eldgov.corn County Attorney GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COUNTr`ATTOR NE'Y@WELD G0V.00M If this is a renewal enter previous Contract ID of a MSA enter MSA Contract ID Requested ROCC Agenda Date 11/06/2019 Due Date 11/02/2019 Will a work session with BOCC be required?* NO Does Contract require i rcl asirtq t ept. Io be inchided? NO Nate: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnEase Co Termination Notice Period Review Date 11/04/2020 Renewal Date Committed Delivery Date Expiration Date /11102021 Contact information Contact Info Contact Name Purchasing Purchasing Approver Approval Process De Head JAY MCDONALD OH Approved Date 10!30/2019 Final Approval EtOCC Approved EOCC Signed Date BOCC Agenda Date 11,/18;2019 Originator TJUANIC0R.ENA Contact Type Contact Email Finance Approver CHRIS D'CVID1O Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 10/31/2019 Tyler Ref ## AG 111819 L Counsel BOB CHOATE Legal Counsel Approved Date 11/01/2019 Hello