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Home My WebLink About20190833.tiffo4,,,ea fixa4(oQ BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: New Vision Investments, LLC, c/o Bob Frachetti and Dan LaCoe — USR17-0055 DEPARTMENT: Public Works DATE: February 11, 2019 PERSON REQUESTING: Tisa Juanicorena Brief description of the issue: The Department of Public Works received a request from the applicant, New Vision Investments, LLC, elo Bob Frachetti and Dan LaCoe, requesting that the Board oI County Commissioners consider approving the Improvements and Road Maintenance Agreement for (USR17-0055). No collateral is required with this agreement. • s • Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -mentioned signed original document and observed the following: • All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. • This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for USR17-0055, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara Kirkmeyer, Chair Steve Moreno Approve Recommendation Schedule as Regular BOCC Hearing Item Other/Comments: cc.: t)(TJ(EP). PLOOa/KR) 03107/101 cc:Pw ©nom ohm 2019-0833 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS New Vision Investments, LLC, c/o Bob Frachetti and Dan LaCoe — USR17-0055 THIS AGREEMENT is made this 6th day of February, 2019, by and between New Vision Investments, LLC, c/o Bob Frachetti and Dan LaCoe, a corporation organized under the laws of the State of Colorado, whose address is 20905 CR 2, Brighton, CO 80603, 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 1 150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Lot D of Recorded Exemption, RE -4994; being part of the Sl/2 of Section 33, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado hereinafter referred to as ``the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of USR 17-0055, and WHEREAS, Property Owner acknowledges that the final approval of USR17-0055 is conditional upon Property Owner's funding and/or construction of the immediate road maintenance and future improvements, as described in this Agreement, if/when triggered, and depicted in the following 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, and WHEREAS, Property Owner acknowledges they may not operate as described in USR17-0055 until the Agreement is executed, and if/when improvements are triggered, Property Owner agrees to proceed with completion and acceptance by County of said improvements, and WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Section 23-2-290, the failure to commence construction of any improvements outlined herein within three (3) years of the approval of USR I7-0055 may result in the revocation or suspension of USRI7-0055, upon consideration and order of the Board of County Commissioners; however, the timeline for commencement and completion of future triggered improvements shall be in accordance with Part 1, Article B of this Agreement (Future Off -Site Improvements), or as agreed between Property Owner and Department of Public Works and the Board of County Commissioners, and WHEREAS, the parties agree that the Property Owner shall provide collateral for off -site improvements, if/when triggered and required, as stated in this Agreement. Ne.c Vision Investments. LLC_ c/o Bob Frachetti and I)an I. Coe- CSRI7-0055 - I Page 101 0113 o2/9_-0833 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: SITE SPECIFIC PROVISIONS A. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible for the construction of certain off -site safety improvements identified in the USR hearing Resolution, which may include, but 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. 1.0 Road Improvements Responsibilities. Property Owner is solely responsible for all the off -site designated improvements. These responsibilities may include but are not limited to the following: design, surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities, and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies. 2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) as identified in Exhibit A-1 detail the costs used in determining the collateral requirement for the off -site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cost exhibit on Exhibit A-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 this Agreement, the attached Exhibit C, receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B-1 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 4.0 Off -site Improvements Collateral. As required, collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. 5.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. B. Future Off -Site Improvements: New Vision Investments. L.LC. c/o Bob Frachetti and Dan LaCoe - USR17-0055 - IA Page 2 of 13 1.0 Use and Occupancy Triggers. The Board of County Commissioners allowed for 70 of the planned 150 RV Sites to be utilized to create capital for the future triggered off -site improvement and required that it be constructed prior to receiving the Certificate of Occupancy for the Livestock Facility, and prior to utilizing the remaining 80 of the 150 RV sites. Th required Off -Site Improvement, when triggered consists of: 1) A left deceleration lane on CR 2; which must be constructed prior to use of the livestock facility or of the remaining 80 RV sites. 2.0 Traffic Triggers. When the Property's traffic reaches certain safety thresholds as set forth in this agreement, the Property Owner shall design and construct certain road improvements based on the amount of traffic being generated by the site. Property Owner's development may not currently meet the traffic safety triggers requiring the improvements specified below. However, future off -site or phased improvements may be warranted in the future. Property Owner is required to design, obtain right-of-way, relocate utilities, and construct said auxiliary lanes into their site when all traffic to/from the Property meets the following traffic triggers: 2) Property Owner shall design and construct a right deceleration/turn lane on CR 2 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 2 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 2 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. 3.0 Property Owner's Responsibilities when Future Triggers are Met. Property Owner is solely responsible for all designated improvements and their cost. These responsibilities include but are not limited to the following, as applicable: design, surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, State, or County regulatory agencies. C-) � �N,p nm G el cu (11mow - M 8 a R, wof 140 am x 3.0 Cost of Construction Exhibit. When the trigger is met the Property Owner shall submit Exhibit A-2 within six (6) months of being notified regarding the need for the triggered improvements, indicating the cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral requirement for the development. Construction costs must be obtained through a registered Colorado Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that have project collateral. New or additional collateral may be required for the triggered improvements. If required, collateral shall be submitted at the same time as Exhibit A-2. Exhibit A-2 shall be attached to this Agreement and incorporated herein once approved by the County. 4.0 Construction Schedule Exhibit. When the trigger is met the Property Owner shall submit Exhibit 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. New Vision Investments. LLC. c/o Bob Frachetti and Dan LaCoe - USRl7-0055 - IA Page 3 of 13 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. 5.0 Collateral. Collateral for any additional improvements required by the triggers may be required by the BOCC. Collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. 6.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. C. Haul Routes: The Property Owner shall be financially responsible for its proportional share of the County's costs associated with maintaining and/or improving designated haul/travel routes. 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: 1) East/West on CR 2 2.0 Haul trucks/traffic shall enter and exit the site at the approved access(es) on CR 2 and travel east -west for further dispersal. Any County roads used by traffic associated with USR 17-0055 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. IL: Nt 5.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual -`N �\ o of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen .:-.8,403mco 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 j 00 E-7.;'„,- -0 Agreement, no use of any roads other than those specifically authorized for use in this Agreement is Dig permitted without the prior written amendment of this Agreement. a N m'z'u D. Maintenance Requirements: 1.0 Off -site recurring maintenance, if applicable, as required by the Board. K• as 2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust control on unpaved designated haul/travel routes after commencement of operation and/or during construction periods. The amount and extent of dust control will be determined by site -specific conditions at the time, as determined exclusively by County personnel. Dust abatement along the relevant haul/travel New Vision Investments. LI C. c/o Bob Frachctti and Dan I,aCoe - t1SRI7-0055 - IA Page4of13 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. 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. 2.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation, patching, and pavement repair on designated haul/travel routes. The amount and extent of repair and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 3.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). 4.0 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. 5.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportional share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within 30 days of receiving an invoice from County. 7.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in New Vision In' estmcnts. I I.C_ ciu Bob Irachctti and Dan I.aCue - l:SRI7-0055 - I Page 5of13 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 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. 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved New Vision InN/estments. LLC. c/o Bob Frachetti and Dan I.aCoe - lISR17-0055 - IA Page 6 of 13 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: (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. 1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. -P'It _w - cn —< N (0 rn e o N 00 �m(0 r_!? u, -U „-D(0 at u 3y o J X9,70 CD.- m. JEFotli Qm O o �o 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. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site improvements, and the Department of Public Works conducts inspections for off -site improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County from and at the time of release of Project Collateral, or may be submitted separately by Property Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period. Road Maintenance Collateral may be NON Vision Investments. LLC. c/u I3ob Frachetti and Dan I.aCne - I SR I7-OOii - IA Page 7 of 13 withheld from and at the time of release of Warranty Collateral, or may be submitted separately by Property Owner. 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a portion of the project, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 3.3 County's Response to Request for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement. Upon approval, the Board of County Commissioners may release said collateral. C. Acceptance 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. 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. New Vision Investments. LLC_ c/o Bob Tracheal and Dan I.aCoe - [SR17-0055 - I,A Page 8oI13 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. 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 -Way 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: 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. New Vision Imestmcnts. LI (. c/u Bob Frachetti and Dan I_aCoe - USR I7-0055 - IA Page 9 of 13 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 USR Permit. Property Owner acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code Section 23-2-290. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. 3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Property Owner's complete cessation of all activities permitted by the USR including any clean up or restoration required. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination. Unless informed in writing by the Property Owner of cessation of activities, and verified by the County, cessation shall only be presumed if the County determines that the USR has been inactive for three (3) years. Property Owner shall not be entitled to a release of Project or Warranty Collateral unless and until the improvements required by this Agreement are completed. 3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement with a new property owner or operator who has IMP211: purchased the Property or has assumed the operation of the business permitted by the USR, and - �al intends to make use of the rights and privileges available to it through the then existing USR. 69 ic�m� � �W 3.4 Revocation of USR. This Agreement shall terminate following County's revocation of -.- w Property Owner's USR, except that the Property Owner shall only be released from this Agreement I2 F?-0after the successful completion of all improvements required under this Agreement, which may be ,m� completed by County after accessing Property Owner's collateral if Property Owner fails to Q3.. complete such improvements. o -nm F. General Provisions: or- - 0F,, 1.0 Successors and Assigns. E. �� 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, 1—F without the prior express written consent of County and the written agreement of the party to whom 5;R 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 N NON Vision In' estmenls. I -I ( c/o l3oh I rachetti and I)an LaC'oc - l!SR 17-0055 - IA Pagc 10 of 13 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 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-l0-101 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. 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. New Vision Investments. I_C_ c/o Rob I rachetti and Dan I.aCne - 'SRI 7-00» - IA Page 11 of 13 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. G89 10:50 ges: 12 AM R 02/27/2019 Fee:$0.00 Carly Koppes, Clerk d Recorder, Weld County, CO l IFAirilidk�+��bil tR i'uI i kTMW11/ i'1 h Ill III New Vision Investments_ I I C'. c/o Bob Frachetti and Dan l aCoc - l;SRI7-0055 - IA 1'age 12 or I3 PROPERTY OWNER: New Vision Investments, LLC By: Aarr-t t/J fitac/)e Name: Title: Y / Date: In-elY1 h 1.x-1 /e3/dof STATE OF COLORADO ss. County of Weld ERNESTINE TRUJILLO Notary Public State of Colorado Notary IOM 20164044132 My Commission Expires 11-21-2020 The foregoing instrument was acknowledged before me this I day of r 201 q, by b /& -{=�i�t..c lCat, WITNESS my hand and official seal. Notary Public WELD COUNTY: ATTEST: .�J4 Weld County Clerk to the Board BY 2 eputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS D COUNTY, O ORADO 0a / .. ibara Kirkmeyer, 4469689 Pages: 13 of 15 02/27/2019 10:50 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ilk III II FED U 2;:19 New Vision Investments, LLC, c/o Bob Frachetti and Dan LaCoe - USR17-0055 - IA Page 13 of 13 0e0/ - 055 PARCEL Na 147333000058 PARCEL No. 147333100006 EICFWER HORRO H. BRASSNGTON JONI & PA /,,—- �� ----1. [ T- 1�1 GOUtIIY RIC�iT TO FARM STATEMENT \` /:/,,,,____ ,I �. + "'� w ` © ELD COUNTY IS ONE OF THE POST PRODUCTIVE AGRICULTURAL COUNTES N 1W EMITTED \` mil` 30' UllUTY wow I`� STATES TYPNCALIY RANKING N THE TOP TEN COUNTES IN THE COUNTRY INN TOTAL MARKET de PERWTiED MTER Ell I I VALUE OF AGRICULTURAL PRODUCTS SOLD. THE RURAL AREAS OF NEW COUNTY MAY BE I �` . OIL AND GAS I \ ' ` `t II \., (APPROxaMATE LOCATION) I I OPEN AND SPACIOUS, BUT THEY ARE NTENSIVELY USED FOR AGRICULTURE PERSONS MOVING I \ %--•-_ _-- ELLS LEASE - - - - 1 N J INTO A RURAL AREA MUST RECOGNIZE AND ACCEPT THERE ARE DRAWBACKS, WOOING ' OME THE II4CDITNES RICH �� _ --_� I I ♦ t PARCELNaACCE 'Vi CONFLICTS NFRI LONG-STANDING AGRIC%% J AI PRACTICES MO A LOER LEVEL OF ,�_ \s. t `; ' I I ` � _ •" �� I 1 BRIER viACCFTS URBAN THAN NDMEL1fRS TO RELOCATE TO RURAL AREAS TOOL ALONG NTH THE DRAMIAGE : (PEN VIEWS, SPACIOUSNESS, I �.� •� \+,;_• rb I \ �..\� _ SIDLE, LACK OF CITY NOSE MD CONGESTION, AND THE RURAL ATMOSPHERE Ai ) WAY Of -"f► _ LIFE UNCUT NEIGHBORING FARMS, THOSE FUTURES Viol ATTRACT URBAN DUELLERS TO �� 1� •\ I I �� \ I I I \ s �� 6 FUTURE RV 1 ��' — 1 RURAL VELD COUNTY WOULD QUICKLY BE GONE FOREVER. I ``\ I • SPACES 16 (�) r _ � .c AGRICULTURAL USERS OF THE LAND SHOULD NOT BE EXPECTED TO CHANGE THOR • LONG-ESTABLISHED AGRICULTURAL PRACTICES TO ACCOMMODATE THE INTRUSIONS OF URBAN EASEMENT, RIGHT-OF-taAY ANC SURFACE \, 1 — USERS INTO A RURAL AREA E11-RUN AGRICULTURAL ACTMTES Ml GENERATE OFF-91E I DAMAGES AGREEMENT, RECORDED \` � Q � GRASS YARD AREA (TYP EACH SIDE) ( ;; • -- . % I in. — 1 _ *PACTS, 140U0ING NOISE FROM TRACTORS AND EOUPYDNT; SLOW-MOVING FARM VEIIICLFS ��` + .\� \1 \ 3 ` L.1 ON RURAL. ROADS; DUST FROM MAW. PENS, FIELD SORK, HARVEST AND GRAVEL ROADS; 1 OCTOBER OS, 2015 REC. NO. 4147718 Q ^ ^ D ODOR FROM ANMAL CONINERE NT, SILAGE AND MANURE; SMOKE FROM DITCH BURPING; F1E.S UPDATED BY FIRST AMENDMENT, ��y�`J 'r AND MOSQUITOES, t )3411MG AND TRAPPING ACTINiiES; SHOOING SPORTS, LEGAL HAZING OF I RECORDED JANUARY 11. 2017, REC. NO. • \�l a D �J`� Oo \, RVPARK ROADS SHALT 30' TIDE 1 = tx � , I MASAN° EDLFE; AND ME USE Of PESiiCOES AND FERTILIZERS N Di FIELDS, NCLUDNG 4268793. (APPROX. 10 ACRES 1i (� 1 ' TEE USE OF AERIAL SPRAYNG. IT IS COINICII PRACTICE FOR AGRICULTURAL PRODUCERS TO 1 TEMPORARY t 6 ACRES +/- `` 11 I �, 11 VIDE HORSE / EKE MAIL 1 e UTN.Iff AN ACCUMULATION OF AGRICULTURAL MACHINERY AND SUPPUES TO ASSIST IN THEIR PERMAIIE?ITLY, FOR EDGE ENERGY LLC, ` 1 h HERITAGE WALK 1 \ '� I AGRKC1LT11RAL OPERA1KkLS A CONCENTRATION OF MISCELLANEOUS ACRIC1JlNRAL MATERIALS ELL SITE, ACCESS ROAD, PIPELINES ETC} ' a. I � �_ D� I I OFTEN PRODUCES A VISUAL DISPARf1Y BETEEN RURAL AND URBAN AREAS OF LEE CONTY. FUTURE RV SPACES 8 / • \ \��`VVVV �i ��111 / I SECTION 35-3 5-102 C R.S, PROVIDES THAT AN AGRICULTURAL OPERATION SHALL NOT BE I ( ) % RV PAPK t 112 SPOTS I ` 1 I FOUND TO BE A PUBLIC OR PRIVATE NUISANCE IF THE AGRICULTURAL OPERATION NJ.EGED I I, O 0 O 1 TO BE A NUISANCE EMPLOYS METHODS OR PRACTICES THAT ARE COMIOIY OR ' 0 �I 1 I I • t I REASONABLY ASSOCIATED ■TH AGRlCIXTIMAL PRODUCTION. ' ` D 1/4kji \ / ' 1 , 1 MITER HAS BEEN, AM) CC*ITNIlE5 TO BE. THE LIFELINE FOR THE AGRIGILTURAI COMMUNITY. `➢ l IT IS UNREAUSiiC TO ASSUIE TFIAT diCUES AND RESERVOIRS MAY 91PLY BE YpVED 'OUT Q ' I D O - I OFTHE wArofIRESDEPNTIAL DEVELOPtENT. rEN MtOVI11G T� � � � � I ' DENVER HLIDSOI CAWLL EASF]E1NT ,I �, rItsffin - ^ ( PARCEL. No. 147333400002 OrERS AID RESIDENTS MIST REAU2E THEY CANNOT TAKE TM11R EROS IRRIGATION lY a- I ; L `W 7 1 / I I h F� I I CHERRY KNOLLS ESTATES DITCHES, LAKES OR DIETER STRUCTURES, (MESS 1}EY HAVE AN ADJUDICATED RIGHT TO TEE i- 21 / r C/0 VANDEYOER JOHN J. WATER. Q C) e RV PARK OFFICE AIO --- J I MEMO COUNTY COVERS A LAND AREA Of APPROX•iAmY FOUR TTIOUSMD (4.000) SQUARE PARCEL Nn 147333000067 \ � 18 2.700EIAM O F PARTING ` II I IIIfS IN WE (TICE 11€ SIZE OF TIE STATE Of DELAWARE) RTH MORE THAW THREE I . 12 09 2 700 SO FT COfIUENCE RESOURCES LP \ f ` \ 1 1 THOUSAND SEVEN HUNDRED (3,100) MIES OF STATE AND COUNTY ROADS OUTSIDE OF x I \,, I \ , y.� I I Hill I MUMpPAU11ES THE SHEER MAGNITUDE O THE AREA iO BE SERVED STRETCHES AVAILABLE I \ = \ 1 \ \ \ RESOURCES. LAW DiORCEYENT IS BASED ON RESPONSES TO COMPLAINTS MORE THAN CN a• \ ^I c �' -.� 2 I PATROLS OF THE COUNTY, AND THE DISTANCES SOT MIST BE TRAVELED MAY DELAY All1 �} 1 , RODEO ( �, ,\ ` ! �_ 5120-�. 1 , �� IEMERGENCY RESPONSES, INCLUDING LAW ENFORCEMENT, AMBULANCE AND FRE. FiRE1jj ARENA 1 PROTECTION IS USUALLY PROVIDED BY VOLUNTEERS NANO MUST LEAVE THOR J08S ANDFAMILIES Ii �. ` \ \ 66' EASEMENNT TO IREY �T��•O RESPOND T PR0VOE TEE SAYEO EIERGDICJES. TM ND Of SURFACE EXPECTED FROM GRAVEL ROADS, NO MATTER HOW ANCt)r1U111TY PARK \ PA11NANOLE EASTERN li PAVED ROAD. SNOW REMOVAL PRIORITIES MEAN NAT ROADS FROM SUBDIVISIONS TO CC __ N \31 il PERTY LINE ARTERULLS MAY NOT BE CLEARED FOR SEVERN. DAYS AFTER A MAJOR SNTCFRM. S 1, � I \ \ � RPflIiE CO �, 1 ( } SERVICES N RURAL AREAS, N MANY CASES, ML NOT BE EQUIVALENT TO MUNICIPAL I OSCHARG£ POLO �i \s \ 1 _ '� _ _ SERVICES RURAL MILLERS MUST, BY NECESSITY, BE MORE 5EIF-SUWFKCENT THAN URBAN �./!� X10 '• / i �j I ( ! .. . ( AL ROAD WAYS ARE 2 MAY TRAFFIC ! N \� �, \ ' 1 PEOPLE ARE EXPOSED TO DIFFERENT HAZARDS N TEE COUNTY THAN N AN URBAN OR GEC • SUBURBAN SETTING. FARM EQUPNINT AND OIL FIELD EQUIPMENT, PODS AND IRRIGAiiON C.) t>-� ' . ' 1 7- (RECYCLID ASPHALT) •.tx�J \ \ \ I DITCHES, ELfC1R1CAL KKR FOR PUMPS AND CENTER RVOT OPERATIOIIS, NIGH-SPEED Q ' I \ I I TRAFFIC, SAND BURS, PUNCTURE VINES. TERRITORIAL FARM DOGS AND LIVESTOCK MID OPEN I ( ;;FO. • LIVESTOCK BARN f I sjy� \ \ I1 I PARCEL 347333400001 BIKING PRESENT REAL THREATS. CON1ROlLI1G CHILDREN'S AMITIES IS IMPORTANT, NOT LIME PRESTON 1 • L �. 96.00p Si 1 \ • ' I l PRY i0R MEEK SAFETY, BUT ALSO FOR THE PROTECTION OF TIE FAMES UVE11$OOD. 4 '� �- '�' �! •"" �' + + _ + + Ni. N J ' I t ` oath COUNTI CODE OROIIANCE 2002-6; NEW COUNTY CODE ORDNANCE 2008-13) + ' 1 T .� PARKING AREA / 21 \ PROPOSED 30' ACCESS ROAD ( I II I DRIVE RECYCLID i + iI { _ _ _ - _ -J 1 •T ASPHALT 430,662 PARKING N I - - - t 15 SO FT AREA e� � • II 11 I PARCEL No. 147333000057 -� PROPOSED DEIDNTTON POND, + L. DUSTIN)1 DOIKCERIY KEVIN t (JEAl11NA SEE ATTACHED 91E ! PROPOSED 16' CRP CULVERT \ I I N DRAINAGE PUN PREPARED I\ 1 , 1 ( ROAD 311 ---- @ " • BY CES CONSULTANTS, LLC I FUTURE COUNTY ROAD 40' t/ Lt MOOT-OF-IMY EXPANSION LIE. I 30' ROAD RO.W- (BY ROAD PETION X217, JAN 13 1887) \ r 200 0 200 400 OVEIRHEADO � "� 1 r�- - - - - - - - ' -= --- - -- - w - - '! - scofFEETACt SS POINT NatIS EX StiNG lII PNOIE PEDESTAL (TIP)IHEST CDR, SEC. 33 TUN R65E SOUTH EDGE R RR No. 2 NOT SIJRYEIED AND �! • APPROXIMATE BASED COME EARTH 60 RADIUS ) PLANNING COMMISSION CERTIFICATION 1. (FOUND NO. 6 REBAR W/ T AUK CAP, P.LS. 22561, '2008', IN A SENUNENT Box,) ADAMS COUNTY I 4. (SOUTH MICR 2) SOUTH 1/4 CORNER SECTION 33, TiN, RISE thus is the certify that the Weld county Planning Coromrssron has certified and does' hereby recommend to the 0 a'�, (RATING NOTES; (FOUND NO. 6 REBAR W/ 2 ALUM CAP, P.LS. 22561, '200r, IN A MOMENT BOX.) , (R` •TG M0TEStiu,m of County Commissioner's Wr'tcl Car;nly Colorado, for Its conurmathm ;gallium! and aloption this Site j ` • Ot GENERAL DRY LAND GRASS (SEEDED) 16 FOOT PATH �EMERAL MOTES '.;{�tir; ():�tJ .�.r ;+r 14;. a:+t Pl,u+ and Use by Special. Rauaw as shown and described tituraa; U is day of -•a,.n,..,..46 Q CRASS 19 [USING TREES TD RERUN 1. REFER TO DRAINAGE REPORT AND DRARNGS 70 FOR SITE DRAINAGE FEATURES O PLAYGROUND AND PICNIC AREA ® COMILMTY GARDEN PLOTS V 4O AREA RESERVED FOR RECLAIMED T1 ED WATER REUSE P EXTERIOR LK DIC 2 LIVESTOCK BARN TO HAVE 6'x30' ACHIEVE - - - (EXACT SIZE TO BE DETERMINED) I. BARN EXTERIOR 81111Di1G LIGHT SHAM BE EVERY 25' MORE SIC(! O1 EAST EXTERIOR WALL fir. WNi1e (:ounfy PNanning t:omm�esbh O5 2. RV PARK OFFICE: 1 EACH ON NORTH AND SOUTH EXTERIOR 3. FOR SITE DRAINAGE FLOW ARROWS SEE WASTEWATER PUIFl1NG STATION EXTERIOR BUILDING LIGHTS SHALL BE LED OUTDOOR WALL PACK ATTACHED SITE DRAINAGE PLAN PREPARED - © DOG RIM LIGHTS, 80 WATTS, 10.660 LIMNS, CCT: 5000K OR EQUAL; SEE BY CES CONSULTANTS, LLC. DATA SHEET INCLUDED N APPLICATION PACKAGE O FUTURE RV PARK OFFICE AND BATHHOUSE (2000 Sf) BOARD OF COUNTY COMMISSIONERS CERTIFICATION ® FOR THE ACHIEVE YORE AGRICULTURAL COMPLEX ILL BE A PERMANENT, USE BY SPECIAL REVIEW - USR17-0055 © FUTURE LAUNDRY BUIUMC (600 SF) FREESTANDING 9611; 4' X 8' W SIZE AND 8 FEET TALL LOCATED ADJACENT TO AGRICULTURAL AND HERITAGE COMPLEX an is b certify that Ina Board of County Commissioners Weld County, C;o{oreao, does hereby confirm and O PROPANE TANK ACCESS ROAD ONTO PROPERTY, FACIE CR 2. FOR ACHIEVE V adopt on Site Speabe Oamopment Plan and Use by Special Reuew and De.elopment Standards as show. i/T 10 TRASH rn I rum AREA ® FOR THE LIBERTY H N LL RV PARK RI BE A PERMANENT, FREESTANDING SIGN; 4' X nhcl dascflbed hunts TMs day of 20 W 8' sat AND 6 FEET TALL LOCATED ADJACENT TO ACCESS ROAD ONTO ti COMMITY PION, R E PIA, AND HORSESHOE FIT PROPERTY, FACING CR 2. I<UPEEtTY OWNER'S CERTIFICATION -- 12 ENGINEERED TIRSTEVIATER TREATMENT FACUTY ID FOR LEE ACHIEVE MORE UVESTOCK BARN (NAMING WOWS) SKIN Ml BE A PERMANENT, _ ____ 13 DINT AREA BURL C MOUNTED OR PANTED ON BUILDING WALL 6' X 30' IN SIZE AND 10 FEET TALL im r,n<IrtrSH ,N.d m' cx $' Mrt owrtrtr v ,1.. rxrmhy Aglaia to the Sao ti eci6r. [.)aw+lo t+nratt Plan and US' by '�k"' Board of County Commissioners — z ( ) J M i N Y ( I Jr' ( I O 14 BIEADERS (Ti'?) LOCATED SOUTH SIDE OF UVfSTDG( BARN (BUILDING EXTERIOR), FACING CR 2. 3Qectat Review 0ewbyrnMnt Starxjards as described hereon this day or ATTEST FOR THE RODEO ARENA (NAMING RIGHTS) SIGN Ill BE A FREESTANDING OR 15 FUTURE MINORITY EVENT FAQJTI (10,000 so MOUNTED ON A FENCE; 4' X 8. 1N 9ZE AND 6 FEET TALL LOCATED N THE 20 Weld County Clerk to the EToartl ' 16 3' TALL OWE SPRUCE TREE (TYP 16) OUTDOOR RODEO ARENA AREA, LOCATED ELTH L MINNMTHN PROPERTY (NO OF �) @ 300' ASPHALT VENICE TRACKING CONTROL LIVESTOCK BARN) THUS NOT Vi9BLE FROM CR 2. ALL OTHER SKINS SHALL ADHERE i i uatu TO CHAPTER 23, ARTOE IV, DIVISION 2 AND APPENDICES 23-C 23-0 AND 23-E - - -----_.-.._.-------W OF THE 11E111 COUNTY CODE Jrgn unro };rgn..luro Dey oly Clork to the BoardZ 4469689 Pages : 14 of 15 02 / 27 / 2019 10 : 50 AM R Fee : $0 . 00 Carly Koppes . Clerk and Recorder , Weld County . CO P !� l �: H h : Ctlllblid 1111 III iM+� .ri� ,�f I �I � I �'��( � � � . I � � Pit' E DEVELOPMENT STANDARDS USE BY SPECIAL REVIEW - USR17-0055 9TE SPECI1C DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT SiAICARDS AGRICULTURAL AMD HERITAGE COMPLEX CHERRY KNOLLS ESTATES, GENERAL PARTNERSHP, LIP, C/0 BOB FRACHET11 AND DAN LACOE FOR ACHIEVE MORE USR17-0055 i. The Site Specific Devebpnnent Plan and Use by Specld Revise Pennii 11SR17-0055, is for Agriculture Service EstobiYtmonts princelyLEGAL DESCRFILet (PARCEL I) LOT D, RECORDED [WON engaged n performing ogiallud animal husbandry or hortiadtird serviceson a fee a contract Doak nckuding onimd boa&ig and ND. 1473-33-4 RE-4994, RECORDED WAY 20, 2010 AT amend ticking toddies, liv stode sale Dams and 'acidic* rodeo Ores, roping arena to * indo dude both or and outdo« arenas and RECEPTION M0. 3694483 BEING LOCATED Dl THE SOUTH 1/1 Of any Use permuted as a Use By Right Actessay Use, « Use By Special Renew m the Commercial Industrial Zone Districts (an SECTION 33, TOONSHP 1 NORTH, RANGE 65 TEST OF TH 6TH wants center end a 150—space RV part with an office) provided that the property b not o lot n an approved or recorded euDdtvhion PRINCIPAL IERIOtAK COUNTY OF LLD, STATE OF COLORADO. plot a part of a map a plan Ned prior to adoption of any regulations controlling subdivisions in the A (Agi alturd) Zone District, subject to the Development Standads stated hereon. n 2. Approval of this plan may create a vested properly right pursuant to Section 23-8-10 of the Mild County Code _ . 14" 1 - A a ,� t .e°yam- r• a� / H T' . 3. The hem of operation as , s� .� r '' •'14 d • The Achieve Mae Agrialturd Complex 6:00 am. to 7:00 p.m., 7 days o week // ....v, 77144i.• .a x ' ' " k "` •s F_— • The RV pork 14 hours a day/ 7 dots a wed, with mkt fine between 10:00 p.m. aid &00 am `° " ri; 4 Z 4. RV* std not be tiered on the vita "+q., :. ii};:_ ' fir. ; U 5. Rereotiad camping wit be Glowed for up to thirty (30) do over a 60-do = r >• y period No permanent residency dice be Slowed in the RV Pork. ,; f !. � r r '+'� 6. Decks and airier permanent structures associated with ndnidud RYa ore prohibited n the RV canphg ado. -2..,011t. v a •. - ?Sr . ' .:r MCR 4 -..4 �';ri 7. The number of full-tine employees shall be Iwo (2) with thirty (30) vaunted* during loge events is Fps - •s-4) ` -� � • & The writer of onmd sits shoe ocher° to the number dosed per the Said County Code. This porter is 178 acres allowing up to 1,068 amid units • ` e;�;9 The parting ado m the site ski be montoned , R'r, _ t 1, s� ., 10. The far signs shall adhere to the lidos cider* as approved by the Bond of County Commissioners on Februay 28, 2018: sr-7_C " U 1 lathe Achieve Mere Agriculture C kx ell be o rnonent, froeetandn . , ' a ` i n or^P Pa q sign: 8 n size arid 6 feet tot. Located adjxent to ocoew .� road onto property, facing CR 2. ( . . . - .. '..,' . - ,- 7" ' Sign 2 for the Lipari), Mil RV Pak woe be a permanent. heestandng nqi; 4Th i &8' n sic and 6 feet id. Located od$cent to access rood onto 4 I-- property, locng CR 2. flirS-...: - ' , • • Sign 3 for the Addeve Wore Livestock Barn (naming rights) wit be o permanent, bulking mounted or periled on buidng wait 6' x JO' h size and isle' v- 10 feet tort. Located south side of Livestock Born (buldng exterior). locng CR 2. Vle - _ • Sign 4 for the Rodeo Arena (nosing rights) dl be o freestmdng or mounted on a fence 4' x 8' n sire and 6 feet tall Located n the outdoor '� `�' r $ ', Q rodeo aena area, located woe with* properly (north of livestock ban) thus not its be from CR 2. Ai other signs shot odlwe to Chapter 23. . 14:1A1 ‘41. " €i Af11dE N. Division 2 and Appendices 23-C, 2)-D and 23-E of the Wad County Code. as irsi,r• R _-. - 4- - ,� - - - - -- - -- - - •- It. The applicant shoe develop an Emergency Action and Safety Plop with the Office of Emergency limogerienl and fire District for events greater than nn1,4 "� e. 250 people. �. ' A'_ > ....................... —1 12. property on a operator std be responsible for c ntrceyng noxious necks on the eta, pursued to Chaptr 15, Articles I and i, of the Skid k x 4 _ - I „s . n County ` v ' Y 13. The oases on the site shots be mouton a to mitigate any inpotte to the pubic rood, hdudnq damages oral/« oft ante trackingot # _._, .. ri► !I I • it J• I 14. There s►ae be no poring a *torn of vehicles on public roods On-site shall be off li ,e ' •s <• � < r 1 ;� z �. •9 Prr poring offered3 i c 'Jr y' 'tl g: 15. My wort that may ocapy and a smooch upon my County rights-of-soy or easement shill Gagne an approved R t-of-Mo Uee Permit }4 . w lair t r'4 r Dr1a to s 1 SiM (Y commencement s , . 16. The hiiorfcd tow patterns and runoff amounts on the site sill be mantoined. irta 17. Sid County I not responsible for the maintenance of on—site &teoge related features. i�" • � COUNTY 18 Al bolo and void wastes (as Slfried n the Solid Vistas • Disposed Sites and focities Act, Section 30-24-100.5, GR.S) shall be stored and removed iiiiiiitispiampse,„ ''' _ .................. 4_ _la fwd dtepoad n a mane that protects ogohst shrfoce arid groundwater cantaminatim. e y19. No pemhornent diposd of metes shall be prmitted of this site. The a not meant t0 *dude these sallied specificcey ezclyded frown the defnitim of osolid waste n the Solid Wastes Diepoed Sites and Faits Act, Section 30-20-100.5, C.R.SADAMS COUNTY20. Mbwte materials sisal be handed, stored, and disposed of n a manner that controls fugitive dust, fugitive patictlate emissions, blowing debris, andPROPOSED AgfEVf MORE Al 1CULTLPALWother potential nuisance condtina The applicant shall opaote In accordance with Chapter 14, Artide I• of the Wad County Code. MCI HERITAGE COMPLEX PROPERTY LitU 21. Anima and feed sostes, bedding• debris and other orgonk wastes shall be disposed of so that vermn nfestation• odors, disease haze*, and nuisancesI l l fi are mnimtzed 22 fugttire dust char attempt to be conftud on the property uses on the property raid comply with the Cdoroda Al Cuddy Commission's Al Cuddy Vf5t N TY MAP if Regulation& 23. The focity VS octave to the maNwm permeate noise levels elated in the Commerdd Zone District, as delineated h Section 25-12-103, C.R.S. 24. Adequate aiding, handwashng aid toiet Noddies stall be prowled for employees and potions of the fociity, at dl tines 25. Sewage depoed to the facility seal be by septic system. My septic system located on the property must comply nth dl provisions of the Weld County Code, pertaining to Orr-site lbstewater Treatment Systems. 26. In the event the septic systems require o design capacity of over 2,000 gallons of sewage per day, the appfkants shall ochre to the requirements of the Colorado Department of Pubic Heath and Enviament, Seta Quality Control Division's (11000) Regiotima IMO " SW WA e°' ew ' • • ewe w wain olio 27. Any large-copocky septic system (a septic system with the capacity to serve 20 or more persons per day) lice campy with the Unthawed Injection 1000 0 1000 2Op0 Control (UIC) Class V Infection Wall rogues nisi* of the Envtonmentd Protection Agency (EPA) rii _ i_� 2&. Temporal uses for a pored of se months a less, portable toilets and bottled water ore ace ptabls. Records of maintenance and proper deposal for portable toles shoe be retained on a quarterly bode aid avallable for review by the end County SCALE FEET �� . .,.�. fkpatmont of Public Health and Environment. Portable ` . lie w toilets shat be serviced by o Gleaner Ikeneed n Weld County and shall contain hand sanitizes. 5 \---.._,_„ _ _ alt_ 29. A permanent odequote rota supply VS be provided fa drinking aid solitary purposes In the event the fociit 's water { .v' y system savor more than 25 .. 6 0 y prams on a day basis, the water system shoe comply with the Colorado Primary Drinking Meer Repletion (5 CCR 1003-i). If not subject to these S requrements, the Meld County Department of Public Heath and Environment sirongy encaroges well users to test that clinker; rata prior to r�. consumption and periodically thereafter. `,` , �r �, 30. The applicant knoll comply with Colorado Retail rtium Food Estabe nt Ruke end Regulations governing the regulation of food eats eetaDStsns t& r —" a 31. The operation shoe candy with dl oppilcctle rules and reguations of the state end federal agencies and the Wild County Coda I- 32. Sources of light tall be shielded so that light rays will not shine dteetly onto aliment properties where stick world cone a rwleanes or interfere with the us on the adjacent properties ii accordance with the pion. Neither the drat, nor reflected, lint from any tight mace may create a traffic hazed to operators of motor vehicles on public or private streets. No colored lights may be used shim may be confused with, or construed as, traffic . contra dehh es 88 ~'y `ve p �''�..ne,.-u>� 33. A building permit may be retired. per Section 29-3-ID of the Veld County Code. Curently, the following have been adopted by Wed Catty 2012 YY Sy May international Cody tian C . 2006 Intsrnad Energy Code, and the 2014 National Beetled Cods. A building permit application must be completed aid two nMievc Mao Agricultural Complex Weld County complete seta of engimeerod plats bearing the wet stamp of a Colorado registered architect or e tree must be submitted for maw A geolechnkal - Sell Map information Land Capability Classification engineering repot performed by a regitered State of Colorado engineer eer s be requied or an open hole inspection. Unit•34. Necessary personnel from the Odd County Deparimonts of Planing Sawn, Public Merles, and Pudic Heath and Environment shit be granted oasts Si Unit Name Acres In ACN N ynfpoted rf new nngorerr "�- mbol ' iv--4mho the property at any rewDnoDfe time n order to emus the activities carried out on the property candy with the Conditions of Awoke and » p p Ascalon i:nay loam O 3 50.4le .1v Standards stated herein n al applicable Veld County re,}lotiona 4 35. The Use by Special Revlon oleo sisal be limited to the plan shown hereon and governed by the foregoing staidads end all applicable lid County Ascalon sandy loan d, 3•S % Z regulations Sedetan rh tid anga from or the plenaDevelopment Slondois as dhotis or stated, shall require the approver of on amendment of the b 6.7 3e Jc (,y Permit by the Meld Canty Board of County Commissioners Delon ouch dnanga from the pions or ent Developm 5laidords ore permitted My other " slaps _ _s0 Nunn loam i 3%sla4es 69.5 3e 4e IF changes shad be fled In the office of the Department of Ptanrig Services 36. The property Dena a operator etid be reeporetle for complying with Si of the faegong Development Standard& Noncmnpliance with any of the 1 Js. Olney fine sandy tam. 3-S% [.v foregong Development Standade may be reason la revocation of the Permit by the Board of County Canmissioners. 13 3e 3; _ s lopes W Y resources, hdudri but not limited to, and z .M , v _ _' .--. 69 Valent sand,0.9 %slopes _ 0.5 4c Sc and glover oil, gas, and cod. Under Title 3434f; tp tie o1 lhemtiecds we *Ad attendant k e, because each the stoles commrcld " n „o I • 73 Vans loamy sasid, 3 S% slopes_ 12 6 3r err 3 . RK�fT ¢R11.41;* mead deports ae essential to the stoles econom . b the qe ( ) deposits end (c) such A , `r = " v6 Vora loorn�sard• 1 3 %slopes 33 3e 4c deposits should be extracted occordng to o rational plan, calculated to awed waste of surd+ deposits and cause the least practicable diuption of ill . _, met :,m. . . . ecology and ruddy of life of the citizens of the populous counts of the stale. Wheal resource locations ore widespread Uroughout the Canty Grid persons meting into these areas must recognize the vabus impacts aseocbted with this development. Oftentimes, mineral resource sites are fixed to 5011 S MAPCI cm their geogrephiod aid geophysical lomti«s. Moreau, thew resources ore protected property rights aid mined owners should be afforded the NTS opportunity to extract the miners resource_ 38The lid Catty Right to Fare Statement, as it appear n Section 22-2-20 J.2 of the Wad County Code, tail be ploced on the map and recognized at elf tines 3 w z 4469689 Pages : 15 of 15 02 / 27 / 2019 10 : 50 Art R Fee : $0 , 00 Carly Koppes . Clerk and Recorder . Weld County , CO IIIkrafIlifillilifilllilANITII5q .' i ' r af. I� �r� l �I II: ig lily), iii ill State Documentary Fee . .. ' . _ Date: January 29, 2018 I $130.00 Warranty Deed (Pursuant to 38-30-113 C. R.S.) THIS DEED, made on January 29th, 2018 by CHERRY KNOLLS ESTATES GENERAL PARTNERSHIP L. L. P. , A COLORADO LIMITED LIABILITY PARTNERSHIP, WHO ACQUIRED TITLE AS CHERRY KNOLLS ESTATES, A GENERAL PARTNERSHIP Grantor(s), of the County of Adnns and State of Colorado for the consideration of ($1 ,300, 014.00) ** One Million Three Hundred Thousand and 00/100*** dollars in hand paid, hereby sells and conveys to NEW VISION INVESTMENTS, LL.C, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 20905 COUNTY ROAD 2, BRIGHTON, CO 80603, County of At ms, and State of Color :do , the following real property in the County of Weld, and State of Colorado, to wit: See attached "Exhibit A" also known by street and number as : TBD WELD COUNTY ROAD 2, TBD, CO 80603 ' ' with all its appurtenances and warrants the title to the same, subject to general taxes for the year 2018 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Record Title Matters (Section 8.2) of the Contract to Buy and Sell Real Estate relating to the above described real (Dal property; distribution utility easements, (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Off-Record Title Matters (Section 8.3) and Current Survey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusions of the Property within any special tax district; Any special assessment if the improvements were not installed as of the date of Buyer's signature on the Contract to Buy and Sell Real Estate, whether assessed prior to or after Closing; and other NONE CHERRY KNOLLS ESTATES GENERAL PARTNERSHIP L. L. P., A COLORADO LIMITED LIABILITY PART ' "SHI P +� HN J. VANDEMOE ': AS THE MANAGING GENERAL PARTNER State of f I, It ) )ss . County of ADAMS ) The foregoing instrument was acknowledged before me on this day of January 29th, 2018 by JOHN J. VANDEMOER AS THE MANAGING GENERAL PARTNER OF CHERRY KNOLLS ESTATES GENERAL PARTNERSHIP, L. L. P. A COLORADO LIMITED LIABILITY PARTNERSHIP Witness my hand and official seal Icy Commission expires : 81P /A09., / Notary Public When Recorded Return to: NEW VISION INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY 20905 COUNTY ROAD 2, BRIGHTON, CO 80603 BRENDA L . PETERS Notary Public State of Colorado Notary 1D -# 199340Q8114 M Commission Expires 08-25-2921 Form 13 closing/deeds/wd. html 25148387 (293610) 111 1 Ell 111111 111111111 Exhibit A PARCELI: LOT D,RECORDED EkEMPTION NO. 1473-33-4 RE-4994,RECORDE❑MAY 20,2fl10 AT RECEPTION NO.3694453, BEING LOCATED IN THE SOUTH 1/2 OF SECTION 33,TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUMY OF WELD, STATE OF COLORADO Form 13 closing/deeds/wd.html 25148387 (293610) Hello