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Home My WebLink About20194458.tiffRESOLUTION RE: APPROVE PARTIAL RELEASE OF COLLATERAL AND ACCEPTANCE OF WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR11-0027 - M & M EXCAVATION COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on March 21, 2012, the Weld County Board of Commissioners approved a Site Specific Development Plan and Use by Special Review Permit, USR11-0027, for M & M Excavation Company, 1856 Balsam Avenue, Greeley, Colorado 80631, for an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business in the A (Agricultural) Zone District, on the following described real estate, to -wit: Lot B of Recorded Exemption #4762; being part of the E1/2 NW1/4 of Section 17, Township 5 North, Range 64 West of 6th P.M., Weld County, Colorado WHEREAS, on June 11, 2012, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and M & M Excavation Company, with terms and conditions being as stated in said agreement, to include collateral in the form of company check #17057 from M & M Excavation, 1856 Balsam Avenue, Greeley, Colorado 80631, drawn on Bank of Colorado, in the amount of $50,000.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend a partial release of the project collateral in the amount of $42,500.00, thereby reducing the amount of collateral to be retained as warranty collateral to $7,500.00, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said project collateral in the amount of $42,500.00 and that warranty collateral in the amount of $7,500.00 be retained. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the collateral in the form of company check #17057, drawn on the Bank of Colorado, in the amount of $50,000.00 be, and hereby is, reduced by releasing the project collateral in the amount of $42,500.00, and retaining and accepting warranty collateral in the amount of $7,500.00. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 4533348 Pages: 1 of 2 10/18/2019 11:01 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell Mi r a 1iii w a !wing ��ti�i�iih��Yl sill CC. PW(ERIC'-I/TJ), cx.crebct a c , IOraait9 2019-4458 PL2153 PARTIAL RELEASE OF COLLATERAL AND ACCEPT WARRANTY COLLATERAL - M & M EXCAVATION COMPANY (USR11-0027) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of October, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WF D COUNTY, COLQRADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APP' e v ► AS TO ounty Atte ey Date of signature: to/I6/i°I 4533348 Pages: 2 of 2 10/18/2019 11:01 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO Bill A.fc.41iA.-- arbara Kirkmeyer, Chair 0 rue -- Mike Freeman, Pro -Tern Sean . Conway Steve Moreno 2019-4458 PL2153 Q4&4 "3itib BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular Agenda REQUEST RE: BOCC Agenda Item —Reduce Project Collateral to Warranty Collateral For: M & M Excavation Company — USR I 1-0027 DEPARTMENT: Public Works DATE: September 4, 2019 PERSON REQUESTING: Tisa Juanicorena Brief description of the issue: The Department of Public Works received a request from Patrick Groom, on behalf of M&M Excavation Company, requesting that the Board of County Commissioners release the currently held project collateral of $50,000.00, for M&M Excavation Company - USR11-0027, and reduce it to warranty collateral. Warranty collateral in the amount of $7,500.00 is required to be held for the duration of the warranty period. We request the Board approve a cash release from the trust fund in the amount of $42,500.00, and approve retaining the warranty collateral portion in the amount of $7,500.00. Weld County Public Works and Planning Department performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit A, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document #2012-1461, have been completed and are found to be acceptable. Bob Choate/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and recommends this release of project collateral and acceptance of warranty collateral. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld County Collateral List: M & M Excavation Company (PL2153, #2012-1461) 06/11/2012 USR11-0027, Improvements Agreement — Check #17057 from M & M Excavation Company Deposited 06/11/2012 $50,000.00 Recommendation: The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the release of project collateral and acceptance of warranty collateral for M&M Excavation Company - USR11-0027, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Schedule as Regular Agenda BOCC Item Other/Comments: Sean P. Conway Scott K. James Steve Moreno Mike Freeman, Pro -Tern Barbara Kirkmeyer, Chair tOf09 2019-4458 pLal53 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 November 4, 2019 M & M Excavation Company Attn: Terry Miller 25490 County Road 58 Greeley, CO 80631 RE: Partial Release to M & M Excavation Company, USR11-0027 Dear Mr. Miller: Enclosed please find a copy of the Board of County Commissioner's Resolution, dated October 9, 2019, authorizing the partial release of project collateral in the amount of $42,500.00 and that warranty collateral in the amount of $7,500.00 be retained. Also enclosed please find Weld County Check No. 3349184, addressed to M & M Excavation Company, in the amount of X42,500.00. If you have any questions, please contact me at (970) 400-4227, or email choffman@welcigov.com. V7 truly yours, ri -Itet/C.) g Cheryl L. offman Deputy Clerk to the Board Enclosure cc: Tisa Juanicorena, Department of Public Works Tom Parko, Department of Planning Services Clerk to the Board File PL2153 Weld County, Colorado WARRANT NUMBER 3349184 INVOICE NUMBER INVOICE DATE INV0-ICF AMOUNT - DISCO1 INT OR "° .. "� . IlFi :t-I.C TIONS ADDITIONAL:.‘,..z*", -AMflt.INT "- NET ; ,•. c: •' '`AMft INT COLLATERAL2019 I 10/31/19 42,500.00 0.00 0.00 42,500.00 Y Vi. eir`argb Greeley, CO 80634 REMOVE DOCUMENT ALONG ` DS PERFORATIION ray' II I Illiill(:ir• II III' Ifllil�° .I I �I Ali , I �� Ii��ll III ;,� 'liter of The ird Of County (4.1:1" Irtsionors Iljj�li,��ll, P.O. Box 75.3 iI Giree(e , CO 8063'2lli;1d (970) 356-4000 FAX: t (970)1352-0242 I DATE 11/4/2019 ate. Awoginem,: Forty Two Thousand Five Hundred Dollars PAY TO THE ORDER OF M & M EXCAVATION COMPANY ATTN: TERRY MILLER 25490 COUNTY ROAD 58 GREELEY CO 80631 82-91 1021 WARRANT NUMBER 3349184 OUT OF MONIES IN THE TREASURY APPROPRIATED THEREFOR AND CHARGEABLE TO THE PAY EXACT( Y . $*****42,500.00 VOID IF NOT CASHED IN 60 DAYS a AThs T AI4 _ A _ "'CHAIRMAN BOARD OF COUNTY COMMIERS .stwevc.:5941 '87;f. r CLERK OF THE BOARD tits-elL, '23 ti-¢'. I _-4k -=.T�l•u--•�c�...r_ ..-eJ2s'r - —�JA ES, immetarsazsmassaanuals WHENNININIEIMISHIS CASICfe Plieligeggairoqw Completeitems 1, 2, and 3. LE Print your name and address on the reverse so that we can return the card to you. ci Attach this card to the back of the mailpiece, or on the front if space permits. CI lD N N ru ru a LEI N Gag 0 1. Article Addressed to: M4 -M C)LL!I Ati;',O1/21 ; it' Lit arta' OZ6--e- O Ci€ e_ro go &oi 1l 1 it i 9590 9402 4445 8248 1216 29 D p LAI H D N Certified Mail Fee _ �, � ,,'tee„ -�� _- , �: ��'�C f.. ;; -. For delivery information, visit o;tebster �` ur sps=com Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees S et;. rid A. f. fi1o:, Po Boa' No. • A. Signature x B. Received by (Printed Name) I/ ostmark Here ® Agent • Addressee C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: O No • 2. Article_Number (Transfer from service label} 7017 1459 0000 9675 2705 PS Form 38111, July 2015 PSN 7530-02-000-9053 • 1150 O STREET PG BOX 758 GREELEY CO 80632-0758 3. Service Type ❑ Adult Signature ❑ Ar�ult Signature Restricted Delivery ertified Mail® ❑ ertified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mall Express® ❑ Registered MailTM C! Registered Mail Restricted' Delivery - ❑ Return Receipt for Merchandise ❑ Signature Confirmation -cm ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt M & M EXCAVATION COMPANY ATTTE''` Y MILLER 2549 COUNTY ROAD 58 GREELEY, C 30631 D N Lc) ric aill Er lid D D D Ui r9 H D N Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) ❑Return Receipt (electronic) ® Certified Mail Restricted Delivery oAduit Signature Required $ [l Adult Signature Restricted Delivery $ Postage Iota@ Postage and Fees Se t etend AAt. Na Ci `' -4 -sit om :-alCsari ohm 3800, April 2.015 PSN 7530-02-000-9047 ro c%26- r, ostmark Here bau r-� • Complete items 19.2; and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: iAiA-r20 -MY Ain/ / " Iette I:) 4'5/ IIIIIIIIIIII IIIIIIIIIIIIII IlI 9590 9402 4445 8248 1216 29 .4 • ON DELIVERY COMPLETE THIS SECTION it' ature ,,�: I/ Agent Addressee ��Receiv Y (Print d a { y . ' -f/.r e) C. Date of Delivery �. 0 0 D. Is delive address difl:e ent from item 1? If YES, ebter delivery address below; des 1 No 2. Article Number (Transfer from service.label) JI 1450 0000 9675 2705 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ertified Mail® ertified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) PS Form 38115 July 2015 PSN 7530-02-000-9053 didNIQF Vs.34ai1�'' ❑ Priority MaH Express® ❑ Registered Mailrm ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery .4Darhestic Return Receipt E=N 1x; I till lSP1i F-7da4elq:41l!-74.1.1:1 WI.1i I RA9 11371lU i1 �7mb7sy.a.um. MI CI.1Nj;11N.= Pl1lyi11 Ca..1,1.1.1....•I v� _ BANK OF COLORADO GREELEY, CO 80634 82-24411070 17057 M&M Excavation 1856 Balsam Avenue Greeley, CO 80631 PAY TO THE Weld County ORDER:OF Fifty Thousand and 00/100************* Weld County Weld County M&M Excavation Bond for new building Checking -Bank Of Col 3858544 Pages: 24 of 24 07/12/2012 12'14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder: Weld County: CO dill f�f �I �I4� ai l ti 1 tiViAl AOC lriO11L II 111 * 6/6/2012 $ *50,000.00 **************** DOLLARS 6/6/2012 NP 17057 50,000.00 50,000.00 RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR11-0027 - M & M EXCAVATION COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on March 21, 2012, the Weld County Board of Commissioners approved a Site Specific Development Plan and Use by Special Review Permit, USR11-0027, for M & M Excavation Company, 1856 Balsam Avenue, Greeley, Colorado 80631, for an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business in the A (Agricultural) Zone District, on the following described real estate, to -wit: Lot B of Recorded Exemption #4762; being part of the E1/2 NW1/4 of Section 17, Township 5 North, Range 64 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and M & M Excavation Company, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with check #17057 from M & M Excavation, 1856 Balsam Avenue, Greeley, Colorado 80631, in the amount of $50,000.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said check #17057 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 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 M & M Excavation Company, be, and hereby is, approved. BE IT FURTHER RESOLVED that check #17057 from M & M Excavation, 1856 Balsam Avenue, Greeley, Colorado 80631, in the amount of $50,000.00, be and hereby is, accepted. 3858544 Pages: 1 of 24 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1101 es, - ev) -7-r8-1a 2012-1461 PL2153 Date of signature: P -1-A) IMPROVEMENTS AGREEMENT — M & M EXCAVATION COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of June, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board J BY: Deputy Cto the Board 0 6` lain, 3858544 Pages: 2 of 24 07/12/2012 12:14 Pik R Fee:$0.00 Steve Moreno, Clerk and Recorder Weld County, CO ''� dill iGErlvenikriviroIM1:Gomiciluimiii gI III a Kirkmeyer tkAi. J id E. Long 2012-1461 PL2153 MEMORANDUM TO: Clerk to the Board DATE: 6/7/2012 FROM: Richard Hastings, Public Works Department SUBJECT: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For: M & M Excavation Co. - (USR11-0027) Request for Approval of Improvements Agreement: The Department of Public Works received a request from the applicant's representative, Patrick Groom/Witwer, Oldenburg, Barry & Johnson, LLP, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the Office/repair shop with vehicle/equipment storage and staging area with an excavation business (USR11-0027), located on CR's 51 & 58, east of the city of Greeley. Weld County Public Works Department reviewed the above -mentioned signed original document and observed the following: • All Public Works related items, of the "Improvements Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. Request for Acceptance of Collateral: The Department of Public Works received a request from the applicant's representative, Patrick Groom/Witwer, Oldenburg, Barry & Johnson, LLP, requesting that the Board of County Commissioners consider accepting collateral in the form of a Company Check — (Bank of Colorado) in the amount of $50,000.00, for the above -mentioned Improvements Agreement. Recommendation: The Department's of Public Works and Planning Services are recommending approval of the Improvements Agreement According To Policy Regarding Collateral For Improvements and the acceptance of collateral, in the amount of $50,000.00 for M&M Excavation Co. - (USR11-0027). pc: Heidi Hansen, Public Works Chris Gathman, Planning Services 2012-1461 M:\1'LANNING — DEVELOPMENT REVIEW \-201 I Planning Referrals\USRI I\USR11-0027 M&M Excavatingtlmprovements Agreement Approve IA & Accept Collateral (USRI1-0027) - M&M Excavating- MEM0.docx WITWER, OLDENBURG, BARRY & JOHNSON, LLP Attorneys at Law 822 7th Street, Suite 760 Greeley, CO 80631 STOW L WITMER, JR. R. SAM OLDENBURG JOHN J. BARRY JACQUELINE JOHNSON PATRICK M. GROOM KENT A.NAUGHTON June 6, 2012 VIA Hand -Delivery Richard Hastings Compliance Analyst & Construction Inspector Weld County Public Works 1111 H Street Greeley, CO 80632 Dear Richard: TELEPHONE: (970) 352-3161 FACSIMILE: (970)352-3165 SENDER'S E-MAIL ADDRESS PGROOM @ WOBJLAW.COM Re: USR 11-0027 M&M Excavation, Inc. Improvements Agreement Enclosed please find the Improvements Agreement for USR 11-0027, executed by Terry Miller as President of M&M Excavation Co. In addition, please find a check in the amount of $50,000.00 payable to Weld County. If you need any additional information, please do not hesitate to contact me. Yours very truly, WITWER, OLDENBURG, BARRY & JOHN $ ?N, JLP Patrick M. Gro PMG/js cc: Terry Miller IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS M & M Excavating Co. — USR11-0027 THIS AGREEMENT, made and entered into this 11 zbday of _S u ru, 40M, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and M & M Excavating Co., hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption #4762; being part of the E2SW4 of Section 17, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, County has approved land use permits for a (Office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business), on approximately 76.33 acres on the above described real property, and the County is currently in the process of considering an Use -by -Special Review for the Property (USR11- 0027), and WHEREAS, the Property Owner acknowledges that the issuance of USRl1-0027 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in the USR Plat Map and the set of accepted Construction Plans provided by Property Owner, copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibits C and D, respectively, and WHEREAS, Property Owner acknowledges that it may not engage in any activity described in USRI 1-0027 and/or any activity related to the businesses described above until said improvements have been completed, and WHEREAS, Property Owner agree that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein to nti conence the use of the Property as approved in USRl1-0027 within three (3) years of the approval of the permit issued under USR11-0027, may result in the revocation of USR11-0027, upon consideration and order of the Board of County Commissioners, and WHEREAS, the Property Owner agrees that the failure to record the plat within the time limits imposed by the Weld County Board of County Commissioners, may result in the revocation of USR11-0027, upon consideration and order of the Board of County Commissioners, and M:\PLANNING -- DEVELOPMENT REVIEW \-2011 Planning Referrals \USRI l\USR11-0027 M&M Excavating\Improvements Agreement \M & M Excavating (USRI 1-0027) Final IA (6-4-12).docx 3852644 Pages: 1 of 21 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno: Clerk and Recorder, Weld County, CO '7L•/%X -//e/ ail WHEREAS, the parties agree that Property Owner shall provide collateral for all on -site and off -site improvements required by this Agreement when the Property Owner submits and receives approval of an application for a Grading Permit, Building Permit or for a Right -Of -Way Permit for construction of accesses and work within the County and/or State of Colorado Right - Of -Way, or at a time determined acceptable by the Board of County Commissioners. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off -Site Improvements: (At this time, non -applicable. The language in this Section is retained in the event the applicant revises the conditions of operation in the future.) 1.0 CR 58: The Property Owner shall be responsible for the construction of certain on -site and off -site safety improvements, which shall include: construction of adequate turning radii sixty (60) feet at the main entrances and exits which extend partially into CR 58 right-of- way (ROW), drainage and signage installations, as indicated on the accepted Construction Plans. The main entrance improvements will include asphalt paving a minimum of (100 x 30) feet into the site from the CR 58, to ensure a complete revolution of tires in order minimize the tracking of mud and debris onto the adjacent road. (See Section D.2.0 of this Agreement). Granting of any new point of access may generate additional obligations with the County, and Colorado Department of Transportation (CDOT) for Off -Site Improvements and the need to post additional "Road Maintenance Collateral". 2,0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated improvements, as specified above in Section A.1.0, and for any construction improvements mandated by the County, CDOT, and for all expenses associated therewith. These responsibilities include, but are not limited to the following: design, surveys, utility locates, present and future right-of-way clearances and permits; coordination with oil and gas operators and facilities, and affected irrigation facilities; traffic control; and project safety during construction. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory agencies. 3.0 Engineering Design and Construction Plans: All engineering designs and construction plans must be provided by Property Owner. These Plans, when reviewed and accepted by the Weld County Engineer, shall be a part of the Plans, which are a part of this Agreement. All plans showing work within the County shall be reviewed and accepted by Weld County, prior to the start of construction. For all construction in the County right-of-way, prior to the issuance of any access permit or right-of-way permit, a construction schedule giving times and locations of all proposed improvements shall be provided to Public Works for review and acceptance. 4.0 Construction Standards: All construction and materials controls for a project and any designated improvements shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 2 M:\PLANNING-- DEVELOPMENT REVIEW -2011 Planning Referrals \USRI I\USRl1-0027 M&M Excavating\Improvements Agreement \M & M Excavating (USR11-0027) Final IA (6-4-12).docx 3852644 Pages: 2 of 21 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO 5.0 Traffic Control: Prior to any construction in the County Right -Of -Way and as a condition of issuance of any access permit or Right -Of -Way permit, the applicant 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". 6.0 Off -Site Dust Control/Abatement and/or Paving (Not Applicable): The Property Owner is required to provide dust abatement along affected County Roads approximately two to five times per year, as determined by the County. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Property Owner - sourced traffic. The amount and extent of dust control will be determined by site -specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Property Owner traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of traffic utilizing County roads in the vicinity of the site attributable to Property Owner (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County on the primary and requested alternate or revised traffic routes. The County will have sole responsibility for determination of the percentage of traffic on all affected roads. 7.0 Future Improvements: Future improvements to the Property Owner -sourced traffic route(s) may be required by County. Property Owner shall address all County access issues associated with afore -mentioned traffic route. Future County mandated measures may include improvements to any traffic route intersections or roadways then utilized by Property Owner. Property Owner shall pay a proportionate cost share based on the number of ESAL Counts using then current data on the traffic route in the implementation of the above -mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. In order to accurately determine percentage of Property Owner traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. mm U ii 4. m L •2 zi ova in mom. ze 01 t No N2g � N 0 in WV.ogg 8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to complete the aforementioned offsite improvements as described in Section A 1.0 until the occurrence of the triggering event for each improvement, namely the application for the Grading Permit, Building Permit or Right -Of -Way access permit or the commencement of activities on the property(s). At that time, Property Owner agrees that the required collateral will be posted and all on -site and off -site improvements shall commence and shall be completed within the parameters established in Section E.-7.2 and Exhibit B, herein. 9.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact a representative of the Weld County Department of Public Works and request an inspection of the off -site improvements described in paragraph A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth in Paragraphs E.6.0, sections 6.1-6.3. 9.1 All references in this Agreement to "Acceptance of Improvements" shall 3 M:\PLANNING — DEVELOPMENT REVIEW \-2011 Planning Referrals \USR11\USR11-0027 M&M Excavating\Improvements Agreement\M & M Excavating (USR11-0027) Final IA (6-4-12).docx 3852644 Pages: 3 of 21 06/14/2012 11:38 PM R Fee:$0.00 Steve Moreno Clerk and Recorder, Weld County, CO gill h'iri�4�1wL��I�d:lf Li4r�LatOTIElifiili lii Bill refer to the County confirming completion of said improvement(s) according to the accepted construction plans. By accepting any improvement, the County does not thereby accept said improvement far purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: (At this time, non -applicable) 1.0 Established Haul Routes: 2.0 Haul Route Signage: 3.0 No Deviation from Permitted Haul Routes: 4.0 Effect of Future Changes to Haul Routes: C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: (At this time, not applicable) 2.0 Annual Road Inspection: (At this time, not applicable) 3.0 Future Road Replacement: (At this time, not applicable) 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: (At this time, not applicable) 5.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in this Agreement and Exhibits A and B such non-performance will constitute a violation of Property Owner's land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for setting a probable cause hearing according to the procedures described in Section 2-4-40 of Weld County Code. Revocation of USR11-0027 as it now exists -e' or may, from time to time, be amended is a remedy which County may impose. D. On -Site Improvements: U 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or 13 °.a maintain the landscaping and re -seeding of the property where applicable as shown on the Nm4 $ accepted Construction Plans and USR11-0027 plat map. Specifically, Property Owner shall at its vroown expense, plant, install and/or maintain all grass and other landscaping and re -seeding where ° LL 3,7 applicable as shown on the accepted Construction Plans and USR11-0027 plat map. U co Additionally, the Property Owner shall install and/or maintain fencing to screen the property da ro f where applicable as indicated on the accepted Construction Plans and USR11-0027 plat map. In * v the event any of these improvements may include work extending into State or County Right -Of - EL ci 4 ,,,EM:\PLANNTNG — DEVELOPMENT REVIEW\ -2011 Planning Referrals\USR1I\USRI I-0027 M&M Excavating\improvements Agreement\M Z & M Excavating (USR11-0027) Final IA (6-4-12).docx n N d a 3852644 Pages: 4 of 21 06/14/2012 11:38 AM R Fee:$0.00 m = Steve Moreno: Clerk and Recorder, Weld County, CO � n@M llil rill UYl�,1�1 'Lfi ' I'i1i.vilrhgC `lifili gUiii 11111 Way in which case a Right -Of -Way or access permit is required. 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Construction Plans and USRI 1-0027 Plat Map. If driving related safety issues arise, due to the tracking of debris onto CR 58 from the facility, the main entrance improvements will include; construction of adequate turning radii at the main site entrance onto the CR 58, an appropriately sized drainage culvert, and asphalt paving a minimum of (100 x 30) feet into the site from the CR 58, to ensure a complete revolution of the tires to minimize the tracking of mud and debris onto the CR 58. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Property Owner shall be responsible for all maintenance of the on -site improvements. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. Some of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way or access permit is required. 3.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit or an amendment to the existing USR. Except with prior County consent, no grading permit will be released until collateral is posted for all on -site and off -site improvements and the final Construction Plans have been submitted to and accepted by the Department of Public Works. Access and/or Right -Of -Way permits might also be required prior to approval of the grading permit. Grading shall not commence until Construction Plans are accepted. Any alterations to the accepted Construction Plans must be accepted in writing by the County Planning and Public Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all landscaping and other on -site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. 4.0 Acceptance of On -Site Improvements: Upon completion of the on -site improvements, Property Owner shall contact the Weld County Department of Planning Services and the Weld County Department of Public Works and request an inspection of the on -site improvements described in Paragraph D.1.0 and D.2.0 above. The County's representatives may then initiate the process for "Acceptance of Improvements" set forth in Paragraphs E.6.0, sections 6.1-6.3. E. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted Construction Plans according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 5 M:\PLANNING — DEVELOPMENT REVIEW\ -2011 Planning Referrals \USRI1\USR11-0027 M&M Excavating\improvements Agreement1M & M Excavating (USR11-0027) Final IA (6-4-12).docx 3852644 Pages: 5 of 21 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder Weld County, CO � I nY4rroadp L+4 11111 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at the sole expense of Property Owner, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and USR11-0027 Plat Map, be solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement, which are attached hereto and/or incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On - site), and improvements to public rights -of -way or easements being completed also in accordance with the schedule set forth in Exhibit "B" (Off -site). The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in Exhibit B stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed 6 M:\PLANNING - DEVELOPMENT REVIEW\ -2011 Planning Referrals \USRI I\USR11-0027 M&M ExcavatinglImprovements Agreement\M & M Excavating (USRI 1-0027) Final IA (6-4-12).docx 3858544 Pages: 8 of 24 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 3852644 Pages: 6 of 21 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County; CO VIII Pi Pfi i111/2.1M l+ MI IrIC riur:It',iII' +t�I EE DI or replaced to the satisfaction of the County at the expense of Property Owner. 4.0 Release of Liability: To the extent allowed by law, each party to this Agreement (the "Indemnifying Party") shall indemnify and hold harmless the other party (the "Indemnified Party") from any and all liability, loss and damage the Indemnified Party 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 negligent or intentional act of the Indemnifying Party or its officers, agents, employees, except for the liability, loss, or damage arising from the negligent or intentional act of the Indemnified Party. All contractors and other employees engaged by Applicant and County in construction of the On -Site and Off -Site 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. The obligations of the Applicant under this paragraph shall not extend to any judgments against County which are in excess of the limitations on liability set forth in the Colorado Government Immunity Act, C.R.S. Section 24-10-101, et. seq., to the maximum extent that such limitations or liability are applicable. 5.0 Warranty of On -Site and Off -Site Improvements: Property Owner shall warranty all improvements to public rights -of -way, (if any), and all privately created and maintained roads or rights -of -way, or easements, and all on -site improvements for a period of two (2) years. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of On -Site and/or Off -Site Improvements by the County: Upon compliance with the following procedures by the Property Owner, the improvements shall be deemed accepted by the County. 6.1 If requested by the Property Owner and approved by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not, alone, constitute an acceptance of said portions of the improvements. N M U g @33! �m • N tot ovamm U. • u a c oNia — toqrfM -. acv NO Nag� c o•atom- „TIN Eo♦ 03,0 = In • CO toms 6.2 County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3a Upon completion of the construction of the required off -site improvements, and the filing of a Statement of Substantial Compliance by Property Owner's engineer, the Property Owner may, as set forth in Paragraph A.9.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the 7 M:\PLANNING - DEVELOPMENT REVIEW\ -2011 Planning Referrals \USR11\USRI 1-0027 M&M Excavating\Improvements Agreement\M & M Excavating (USRI 1-0027) Final IA (6-4-12).docx 3852644 Pages: 7 of 21 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County: CO ■ill 17,61 wiif hillK ZIILICIATCliii IiY, I"1 II III County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. The County Engineer shall reinspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 6.3b Upon completion of the construction of the required on -site improvements, and the filing of a Statement of Substantial Compliance, when necessary, by Property Owner's engineer, the Property Owner may, as set forth in Paragraph D.4.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of 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. The County Engineer and /or the Department of Planning Services shall reinspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County Engineer and/or Department of Planning Services find that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 7.0 General Requirements for Collateral: 7.1 County requires Property Owner to provide collateral to guaranty all of Property Owner's obligations under this Agreement: (1) Project Collateral for completion of all improvements described in this Agreement shall be provided separately for on -site improvements and off -site improvements; (2) Warranty Collateral required for all improvements during the warranty phase; and (3) Road Maintenance Collateral (If Applicable) to be kept in place for the life of the permit. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements identified on the accepted Construction Plans and USR11-0027 Plat Map and further enumerated in the costs listed in Exhibit "A," must be equivalent to One -Hundred Percent (100%) of the 8 M:\PLANN ING - DEVELOPMENT REVIEW\ -2011 Planning Referrals \USR I I USR11-0027 ! -0027 M&M Excavating\Improvements Agreement \M & M Excavating (USR11-0027) Final IA (6-4-12).docx 3852644 Pages: 8 of 21 06/14/2012 11:38 P11 R Fee:$0.00 Steve Moreno, Clark and Recorder, Weld County. CO 1111 i �' i Wilhelli ; ljd Gi! 14titifIk` 1441 11 111 value of the improvements as shown in this Agreement. Collateral for Off - site improvements that extend partially off -site as mentioned in Section A., 1.0 (if any) or D.2.0 of this Agreement that include only improvements involving turning radii and approaches can be included as part of the On - site collateral amount, if clearly delineated on accepted Construction Plans and differentiated as "Entrance Improvements" on Exhibit "A" On -Site Improvements of this Agreement. This collateral must be submitted to County upon the submission of the Property Owner's application of a grading, building, and/or right -of way permit, or at a time determined acceptable by the Board of County Commissioners, and shall be held in total by County as provided in Paragraph E. 7.3 below until all improvements have been completed. 7.3 Warranty Collateral for all on -site and off -site improvements shall be submitted to County and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). 7.4 In the event Property Owner fails to adequately complete and/or repair improvements associated with this Improvements Agreement, County will access, in its sole discretion, Project or Warranty Collateral to the extent necessary to complete said improvements or repairs in order to preserve public interest. 7.5 Road Maintenance Collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners or at the time of approval of this Agreement, if no Project Collateral was initially submitted. Road Maintenance Collateral is held for use on roads associated with the designated haul route. The amount of the collateral required for road maintenance shall be one percent (%) of the initial Project Collateral listed on Exhibit "A" — Cost Sheet (OFF -SITE) of this agreement. If no Off -Site Collateral is submitted, the amount of Road Maintenance Collateral shall be one percent (%) of the initial Project Collateral listed on Exhibit "A"- Cost Sheet (ON -SITE). If no Project Collateral was initially submitted, the amount of Road Maintenance Collateral to be submitted at the time of approval for this Agreement shall be $3,600.00 for facilities adjacent to paved haul route roads or $2,400.00 for facilities adjacent to gravel haul route roads, and the amounts will be listed on Exhibit "A"- Cost Sheet (OFF -SITE). Road Maintenance Collateral shall be held by County as long as this Agreement is in effect and returned to the Property Owner upon vacation of associated land use agreement or permit. The Road Maintenance Collateral will only be accessed by the County, if upon notification to Property Owner of required roadway safety related repairs; Property Owner fails to perform said repairs. If any of this collateral shall be collected by County, Property Owner shall replace the amount, plus interest, within six (6) months. 7.6 Acceptable Project Collateral shall be submitted when the Property Owner 9 M:\PLANNING - DEVELOPMENT REVIEW -2011 Planning Referrals \USRI1\USRI 1-0027 M&M Excavating\Improvements Agreement \M & M Excavating (USR11-0027) Final IA (6-4-12).docx 3852644 Pages: 9 of 21 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO ■!ll Ark KIY�w�4�G�Y !f�leglidirailiMieifilkaN�ri submits an application for the Grading Permit, Building Permit, or Right - of -Way Access Permit prior to commencement of Site Preparation, as herein defined. 7.6.1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for all improvements are updated and collateral is provided in the amount of One -Hundred percent (100%) of the then current value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within the time schedule set forth in Exhibit "B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Applicant's operations pursuant to USR11-0027 that require a grading or building permit from the County pursuant to the Weld County Code. In the event that the Improvements outlined in this Agreement and Exhibit A are not completed within one year of the execution of this Agreement Weld County may require Property Owner to obtain current cost figures for one or more of the Improvements. 7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to (100%) of the total value of the improvements set forth in the Improvements Agreement and the Plat; the LOC shall be subject to the requirements of Weld County Code Section 2-3-30 B. The Property Owner shall utilize only a County approved form when obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.8 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement and the Plat. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. The Property Owner shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.9 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to One Hundred Percent (100%) of the value of the improvements set forth in the Improvements Agreement. In the event the 10 M:\PLANN[NG-- DEVELOPMENT REVIEW\' -2011 Planning Referrals \USRII\USRI1-0027 M&M Excavating \Improvements Agreement \M & M Excavating (USR11-0027) Final IA (6-4- 12).docx 358544 Pages: 12 of 24 V12/2012 12:14 PM R Fee:$0.00 eve Moreno: Clerk and Recorder, Weld County, CO 3852644 Pages: 10 of 21 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO IIIIIAMIliliP4I11114Crill Bill IIII FRIvitillei:IVRIAr *JAM lI II applicant is required to warranty the improvements, the applicant shall replace the original deposit with a deposit in the amount of fifteen percent (15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7.10 The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a "three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best The Board further reserves the right to require Property Owner to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by Property Owner within sixty (60) days of the Board's notice to Property Owner that the rating has fallen and that the collateral must be replaced. Property Owner may not terminate existing collateral until replacement collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, 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: 8.1 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. 8.2 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. 0 rim,7)tr 11111 V! AilYAL Ili rill 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted. 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. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. '" _m=ft II N °c' M:\PLANNING — DEVELOPMENT REVIEw4-2011 Planning Referrals\USRI l\USR11-0027 M&M Excavatingllmprovements Agreement \M 'ft -total - ,o. No -a & M Excavating (USR11-0027) Final IA (6-4-12).docx in E mr e:c` 3852644 Pages: 11 of 21 0Dn m'� 06/14/2812 11:38 AM R Fee:$0.00 Steve Moreno; Clerk and Recorder, Weld County, CO 8.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. 8.7 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, the Property Owner (if Property Owner has supplied any or all of the collateral) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 Following the written request for partial release of the "Project Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on -site and/or off -site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the partial release of "Project Collateral". For all off -site and on -site improvements (including improvements to public rights -of -way or easements), the written request for release of "Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. However, collateral for improvements fully accepted for maintenance by a responsible governmental entity, special district or utility company will be fully refunded to Property Owner. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on -site and/or off - site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the conclusion of the Warranty period. The "Warranty Collateral" shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. J ✓ m3 - d• a rLL o% re m0. e l'* j L"'mt- No NO teLy ▪ ti i o,,>= hmN� 8.10 For all off -site and on -site improvements (including improvements to public rights -of -way or easements), the written request for release of "Warranty Collateral" shall be accompanied by "Road Maintenance Collateral" (If Applicable) as specified in Section E.7.5 of this Agreement. "Road Maintenance Collateral" for roads associated with the designated haul route shall be maintained as long as the USR is active. 9.0 Successors and Assigns: This Agreement may not be delegated, transferred or 12 M:IPLANNING — DEVELOPMENT REVIEW\ -2011 Planning Referrals \USR11\USR11-0027 M&M Excavating\Improvements Agreement\M & M Excavating (USRI 1-0027) Final IA (6-4-12).docx 3852644 Pages: 12 of 21 06/14/2012 11:38 R11 R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO assigned in whole or in part by Property Owner without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In the event of sale of the Property, County may agree to release Property Owner in whole or in part from obligations under this Agreement. County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0 County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 11.0 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 there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Paragraphs C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. F. Termination of Agreement: 1.0 Termination Event: This Agreement shall terminate upon the earliest of the following events: 1.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Operator's complete cessation of all activities permitted under USR11- 0027 or any amendments thereto. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Operator shall provide written notice to Property Owner and County of said cessation of activity, which County shall then verify. If written notice is not provided to County, Termination of this Agreement shall not occur until County has determined that the Use by Special Review is inactive, which shall be three (3) years following County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the Weld County Code. 1.2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR11-0027 by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR11-0027 13 M:\PLANNING -- DEVELOPMENT REVIEW\ -2011 Planning Referrals\USR111USR11-0027 M&M Excavating\Improvements Agreement\M & M Excavating (USR11-0027) Final IA (6-4-12).docx 3852644 Pages: 13 of 21 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld NUNCIO, CO W'` II with a new Property Owner who has purchased the Property, and intends to make use of the rights and privileges available to it through the then existing USR. 1.3 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR11-0027 by New Operator: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR11-0027 with a new operator who has assumed the operation of the business on the Property which business activities are permitted by the then existing USR. 2.0 Termination Procedures. 2.1 Termination Procedures Following Cessation of Permit Related Activities: Following the events outlined in paragraph 1.1 above, County shall conduct its annual road inspection. Said road inspection shall be conducted on or before May 31 following the announcement or determination of the cessation of permit related activities on the Property. The results of the inspection shall be delivered in writing to the Property Owner and Operator. If the County determines that pursuant to the terms of this Agreement, the Operator must complete any of the improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable period of time thereafter, but in no event later than six (6) months following the determination that permit related activities have ceased. Collateral shall not be released by County until such time as county determines that all of the improvements have been completed. 2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property or Transfer of Operations: If the Property Owner or Operator desires to assign its rights and obligations under this Agreement to a successor Property Owner or Operator, the Property Owner or Operator shall, prior to the transfer, provide County with a written Notice to Transfer, stating the date of transfer, and identifying the party to whom the transfer shall be made. Following receipt of the Notice to Transfer, County shall inspect the improvements required under the terms of this Agreement to determine whether the improvements have been completed. If the improvements have not been completed, the Property Owner and/or Operator shall either complete the improvements or post collateral equal to the cost of the completion of the improvements, if such collateral is not in place. If collateral is available at the time, County shall hold a hearing to determine whether the collateral should be called upon to pay County or a contractor of the County to complete the improvements. County shall also inspect the road(s) which are covered by this Agreement to assess the current condition of the road(s) and determine whether Operator and/or Property Owner would be required to perform road maintenance within the following twelve months had the Agreement not been assigned. If road maintenance is, in the opinion of County, required, Property Owner and/or Operator shall be required to either perform the road maintenance or to post collateral equal to the cost of said maintenance. County shall, not execute a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR11-0027 with a successor Property Owner and/or Operator prior to the performance of the road maintenance or the posting of collateral for said maintenance, unless the new Property Owner and/or Operator posts collateral for the required maintenance. 14 M:\PLANNING-DEVELOPMENT REVIEW\ --2011 Planning Referrals \USR11\USRI1-0027 M&M Excavating\Improvements Agreement\M & M Excavating (USRI 1-0027) Final IA (6-4-12).docx 3852644 Pages: 14 of 21 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder; Weld County: CO 3.0 Consequence of Termination by Cessation of Permit Related Activities: Following County's confirmation that Property Owner and/or Operator has/have ceased all permit related activities and has/have completed previously uncompleted Improvements and or completed any required road maintenance, County shall release Property Owner and/or Operator from all further obligations under this Agreement. No Further permit related activities shall be permitted unless and until approved by County following execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR1 1-0027 with a Property Owner and Operator. 4.0 Consequence of Termination by Execution of Replacement Improvements Agreement: Following County's execution of an Improvements Agreement According to Policy Regarding Collateral for Improvements — USRI 1-0027 with a successor Property Owner and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights and/or obligations under this Agreement or in USR11-0027. 5.0 Consequence of Termination Pursuant to Paragraph E.11.0: In the event that activities related to USR11-0027 cease as a result of the revocation of the permit as described in Paragraph E.11.0 of this Agreement, neither Property Owner nor Operator will be released from any of the obligations imposed by the terms of this Agreement only after Property Owner's successful completion of all improvements required under this Agreement or after County accesses the collateral to the extent necessary to complete improvements County, in its sole discretion, deems necessary to preserve public interests. G. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. H. Enforcement: If, in the 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 the County believes constitute 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 a violation of the terms and conditions of this Agreement still exists (despite cure), County may enforce by any legal means, including, but not limited to, legal action for equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral (if applicable), and/or administrative action of the County to suspend or revoke the underlying land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld County Code. Violations of the terms and conditions of this Agreement include, but are not limited to, violations of the agreements Property Owner must enter into as required by this Agreement, and/or failure to enter into such agreements in a timely manner. I. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person 15 M:\PLANNING - DEVELOPMENT REVIEW\ --2011 Planning Referrals \ USA II USR11-0027 M&M Excavating\Improvements Agreement\M & M Excavating (USRI 1-0027) Final IA (6-4-12).docx 3852644 Pages: 15 of 21 Ste eMoreno, Clerk and Recorder, Wed County. CO till or entity not included in this Agreement. It is the express intention of the undersigned parties that any person or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. J. Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 3858544 Pages: 18 of 02 0g �l ` q {�''` I }{ Clerk and Recorder, Weld R Fee:$ h I�YiRIi �I Iil 07/12/2012 12:x`14}P`M�1{�F Steve 'orengli lilki kt#t Nl a �� 111h�� 16 M:IPLANNING - DEVELOPMENT REVIEW\ -2011 Planning Referrals\USR111USR11-0027 M&M Excavating`Jmprovements Agreement \M & M Excavating (USRI 1-0027) Final IA (6-4-12).docx 3852644 Pages: 16 of 21 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder Weld County, CC 1111 II% leCji'il i 11111 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: SIGNATURE PRINTED NAME TITLE (If Other Than Property Owner) president, M&M Excavati on Co STATE OF COLORADO ss. County of Weld The foregoing instrument was acknowledged before me this day 2012, by WITNESS my hand and official seal. Notary Public My commission Expires: ATTEST: Weld County Clerk to the Board BY: Ll . 10 Deputy Clerk tthe : oard APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO P. Sean P. Conway, Chair County Attorney 1 1 2012 17 M;\PLANNING- DEVELOPMENT REVIEW\ -2011 Planning Referrals\USRI I\USR11-0027 M&M Excavating\Improvements Agreement\M & M Excavating (USRI 1-0027) Final IA (6-4-12).docx 3858544 Pages: 19 of 24 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO OWN% ��4�G'a' Z��ti'1��l G �.4, � �. � r�r. ur�� a ii i Ulin U 0=- 3 N • m 44. Oa r • LL O b _rco t No ....m®i 1O ' f♦ Nra jig Cd1� ?= LX/t9 --1 *;i EXHIBIT A - Cost Sheet (ON -SITE) Name of Subdivision, PUD, USR, RE, SPR: USR 11-0027 Personnel Contact: Name Terry Miller Filing/Case #: Location: E2SW4, S17, T5N Title President Phone 97U -)i9-2302 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. Improvements (Leave spaces blank where they do not apply) (ON. SITE) Quantity Units Unit Costs ($) Estimated Construction Cost is► Site Grading 10,000 CY 2.00 $20,000.00 Street Grading Street Base Street Paving Entrance Improvements (Per Sec. E.-7.2) Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Water Supply Erosion Control Measures/BMP's Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting 8 EA 1,250 $10,000.00 Street Names Signage & Pavement Marking Fencing Requirements 1,250 LF 16 $20,000.00 Landscaping (Seeding, Trees, etc.) Park Improvements County, CO f x. i11iii UI Ili 3852644 Pages: 18 of 21 AM R Fee:$0.00 and Recorder. Weld tlliitia whoa 24 Weld County, CO O LIiR Nil IIhi 06/14/2012 11:38 Steve Moreno, Clerk X111 Rill 1�ilhfilli Pages: 20 of 12:14 PM R Fee:$0.00 Clerk and Recorder, 'illMir MC IrN I 3858544 07/12/2012 Steve Moreno, Ell !Pi Illi Bill SUB -TOTAL: $50,000.00 Engineering and Supervision Costs Tnrnrporatpd into the costs above. (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 50.000.00 TB''=Qstietalrl') iSiliiit Pie . The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant P5l Title /17LtS-- By: Applicant Title .r_ / /�7 Date J 14,1 v-' (9 ,20 ! /, Date , 20 3852644 Pages: 19 of 21 060 SteleMorre Moreno. Cler2012 Ak and Recorder. Weld d County. CO P79114.1ilniii1t ICO, IN PI H I 3858544 Pages: 21 of 24 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld VIII " County. X911' elvil'tti IA I t NgWilk l�i'u1 II ,lill EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: USR 11-0027 Filing/Case #: Location: E2SW4, S17,T5N R64W Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. MI Improvements shall be completed within 1 years from the date of approval of the final plat Construction of the umorovements listed in Exhibit A shall be completed as follows: Improvements (Leave spaces blank where they do not apply) Time Schedule (ON -SITE) (OFF SITE) Site Grading 6/1/12 — 1/1/13 Street Grading Street Base Street Paving Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention I Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting 6/1/12 — 1/1/13 Street Names Signage & Pavement Marking Fencing Requirements 6/1/12 - 1/1/13 Landscaping Park Improvements Telephone Gas 20 of 21 AM R Fee:$0.00 and Recorder. Weld County, CO 111fiR rricl Iii hi*4 lielliiiiiiiillfill I I Electric 3852644 Pages: 06/14/2012 11:38 Water Transfer Steve Moreno, Clerk ■III I n KIIIIIiil' Final Completion Date for Entire Project 1/1 /13 3858544 Pages: 22 of 24 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO II )III Mi��li;Ch'U ��+�I' I�h+.GI �hifr I�tlHl UI II I EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant pr e s i G4 -w ei r — Title By: Applicant Title 3858544 Pages: 23 of 24 07/12/2012 12:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Date ,20 /z Date , 20 3852644 Pages: 21 of 21 06/14/2012 11:38 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■Ilf W'il%N1'�I{Ii,,M2 ��la�l�,ti�{� 1I III Tli n1e1lQLeiV1llglrllNSF1:>fI:IFM llnilWitl1141IVt•IN:ftYllalp] :fir1:13•f.MIlNVIRMaaauu.1w-7.1n7rN•agcl•r_in Mununar.r.cs... a...z......mit BANK OF COLORADO GREELEY, CO 80634 82-244/1070 17057 M&M Excavation 1856 Balsam Avenue Greeley, CO 80631 PAY TO THE ORDER of Weld County Fifty Thousand and 001100************** Weld County Weld County M&M Excavation Bond for new building Checking -Bank Of Col 3858544 Pages: 24 of 24 07/12/2012 12:14 PM R Fee :$0.00 Steve Moreno, Clerk and Recorder. Weld County: CO 111 PTIVI ,Ii VEIN WAY inn 6/6/2012 6/6/2012 $ **50,000.00 DOLLARS IW 17057 50,000.00 50,000.00 Con c Form ,.. New Contract Request Entity Information Entity Name* M & M EXCAVATION COMPANY Contract Name* RELEASE COLLATERAL Contract Status CTB REVIEW Entity ID* 41405 Contract Description* RELEASE COLLATERAL TO WARRANTY USR11-0027 Contract ,Description 2 Contract Type AGREEMENT Amount* S©.04 Renewable* NO Automatic Renewal Grant IC. Department PUBLIC WORKS De 34nt Ernail CM- PublicWorks@weldgov.com Department Head Email CM-Pub!icWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COltNTYATTORNEY@WELD GOV. COM If this is a renewal enter previous Contract ID If this is part of a MSA enter M5A Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Termination Notice Period ❑ New Entity? Contract ID 3145 Contract L *! * TJ UANICORENA Contract Lead Email tj uanicorena@co.weld_c o_ us Requested BOCC Agenda Date* 10/07/2019 Parent Contract €D Requires Board Approval YES Department Due Date a/012019 Will a work session with BOCC be required?" NO Does Contract require Purchasing Dept. to be included? NO Review Date* 0910112021 Committed Del Renewal Date Expiration Date ¢ 09126/2022 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Departrnent H .=x JAY MCDONALD DH Approved Date 10/0►2±2019 Final Approval BOCC Approved ra C Signed Date BOCC Agenda Date Originator TJ IJAN f CORENA Contact Type Contact Email Finance Approver BARB CONNOLLY Finance Appr 10/012019 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Tyler Ref* HLD4ORIG Legal Counsel BOB CHOATE Legal Counsel Approved Date 10103/201g Hello