HomeMy WebLinkAbout20182960.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item — Road Maintenance Agreement for:
DCP Operating Company, LP — USRI 8-0018
DEPARTMENT: Public Works DATE: 9/5/2018
PERSON REQUESTING: Evan Pinkham
Brief description of the issue:
The Department of Public Works received a request from the applicant, DCP Operating Company, LP,
requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for
the oil and gas facility (USR18-0018).
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.
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 I. 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 USRI 8-00 18, and that this item be placed on the next regularly scheduled BOCC
Hearing, as part of the Consent Agenda.
Approve
Recommendation
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Schedule as Regular
BOCC Hearing Item Other/Comments:
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2018-2960
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
DCP Operating Company, LP — USR18-0018
THIS AGREEMENT is made this Z-1 day of kSk.." , 2018, by and between DCP
Operating Company, LP, a Delaware limited partnership, whose address is 3026 4th Ave., Greeley, CO
80634, hereinafter referred to as "Operator," authorized to do business in the State of Colorado, and the
County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as
"County."
WITNESSETH:
WHEREAS, Operator is the Lessee of the following described property in the County of Weld,
Colorado:
Subdivision Exemption, SUBX18-0001; being part of the NE 1/ of
Section 2, Township 6 North, Range 65 West of the 6th P.M., Weld
County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Operator has received Board of County Commissioner approval of USR18-0018, and
WHEREAS, Operator acknowledges that the final approval of USR18-0018 is conditional upon
Operator's funding and/or construction of the off -site improvements described in this Agreement and
depicted in the following incorporated exhibits:
Exhibit A-1 — Off -Site Costs of Construction,
Exhibit B-1— Off -Site Construction Schedule,
Exhibit A-2 — Future Improvements Costs of Construction (to be attached per section B.3.0),
Exhibit B-2 — Future Improvements Construction Schedule Triggers (to be attached per section B.4.0),
Exhibit C — Construction Plans,
Exhibit D — Plat Map (recorded simultaneously with this Agreement), and
WHEREAS, Operator acknowledges it may not operate its facilities as permitted under USR18-
0018 until said improvements have been completed and accepted by County, and
WHEREAS, Operator acknowledges that pursuant to the provisions of Weld County Code Sec. 23-
2-290, the failure to commence construction of the improvements outlined herein within three (3) years of
the approval of USR18-0018 may result in the revocation or suspension of USR18-0018, upon
consideration and order of the Board of County Commissioners, and
WHEREAS, the parties agree that the Operator shall provide collateral for off -site improvements
required by this Agreement when the Board of County Commissioners approves this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant and agree as follows:
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PART 1: SITE SPECIFIC PROVISIONS
A. Off -Site Improvements (as required by the BOCC): Operator 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 (60) 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. Operator 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. Operator 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, Operator shall provide an updated construction cost estimate prior to the start of construction.
3.0 Construction Schedule Exhibit. Exhibit B-1 is provided by Operator indicating the construction
schedule for all off -site improvements, including an anticipated completion date. Operator shall not
commence construction of any improvements, record plat, or receive any permitting prior to approval of
the of this Agreement, the attached Exhibit C, receipt of the appropriate Grading Permit, Access Permit,
and/or ROW Permit, if applicable. Operator 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, Operator 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 Operator has completed improvements as described in Part II.B, Subsection
3.2.3, of this Agreement. Operator 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: Operator shall be financially responsible for its proportional share of the County's
costs associated with maintaining and/or improving designated haul/travel routes during construction.
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property:
1) North and south along CR 47
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2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 47 and travel north -south
to the nearest paved road for further dispersal. Any County roads used by USR18-0018 traffic may become
part of the established haul/travel routes.
3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds per axle
and axle configurations unless overweight permits have been applied for and granted.
4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above -
mentioned haul/travel route for a limited period (six months or less), Weld County Public Works may
authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county roads
whenever possible. A deviation from the established haul/travel route lasting more than six (6) months or
requests for one (1) or more deviations within a 12 -month period shall authorize the County to change the
haul/travel routes designated herein, and provide notice to Operator.
5.0 Haul Route Signage. Operator shall install travel route signs, if applicable, as per Manual of
Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by
drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
D. Maintenance Requirements:
e, if applicable, as required by the Board:
2.0 Dust Control. During construction, Operator shall be financially responsible for its proportional
share of dust control on unpaved designated haul/travel routes after commencement of operation. The
amount and extent of dust control will be determined by site -specific conditions at the time, as determined
exclusively by County personnel. Dust abatement along the relevant haul/travel routes is expected to occur
approximately two to five times per year. Dust abatement is required for roads with more than 200 vehicles
per day, per section 8-6-100 of the Weld County Code.
2.1 Dust Control During Construction. If necessary, as determined by the County, Operator
shall cause to be performed within 30 days of notification, at its sole expense, dust control by a
contractor approved by Weld County Public Works during the construction period of the
development.
3.0 Repair. During construction, Operator 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.
4.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project
traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Operator of such Significant Damage.
Operator shall identify the repair required and shall consult with County on the extent, type, timing,
materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt
of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If
such repair is not commenced within such forty-eight (48) hour period, County shall have the right to draw
on the Road Maintenance Collateral and use such funds to perform such repair. If Operator identifies
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Significant Damage prior to receiving notice thereof from County, Operator may commence repair of such
Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality
of repair (i.e. temporary versus permanent).
5.0 Calculation of Operator's Proportional Share of Costs. The County shall notify Operator of
County's preliminary determination and assessment of Operator's proportional share of costs of
maintenance, repair, or improvements to Operator's designated haul/travel routes. Prior to County's final
determination and assessment, County shall provide Operator with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and determinations. The County
shall review and consider Operator's input prior to making a final determination and assessment. The
County shall have sole responsibility for determination of Operator's proportional share of costs. Operator
agrees to pay such proportional share of costs within 30 days of receiving an invoice from County.
6.0 Notification. The County shall notify Operator of County's preliminary determination and
assessment of Operator's proportionate share of costs of maintenance, repair, or improvements to
Operator's designated haul/travel routes. Prior to County's final determination and assessment, County
shall provide Operator with a reasonable opportunity to review, comment upon and supplement County's
data, collection methodology, and determinations. The County shall review and consider Operator's input
prior to making a final determination and assessment.
PART 2: GENERAL PROVISIONS
A. Engineering and Construction Requirements:
1.0 Engineering Services. Operator 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, Operator 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 Operator. 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. Operator 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 Operator. Said construction shall be in
strict conformance to the plans and drawings accepted by the County and the specifications adopted by the
County.
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4.0 Testing. Operator 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, Operator 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 Operator's expense. Any material or work not conforming to the approved plans and specifications,
including but not limited to damages to property adjacent to the construction plan area shall be repaired,
removed or replaced to the satisfaction of the County at the expense of Operator.
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, Operator 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. Operator shall provide to County collateral to guarantee all
of Operator'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; and (3) Road Maintenance Collateral is required to be
kept in place for the life of the permit/project. 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 Operator 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.
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 Operator 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.
1.3 Road Maintenance Collateral shall be submitted and held by County for the life of the
development. Road Maintenance Collateral is $3,600 for developments with paved designated
travel routes, and $2,400 for developments with unpaved designated travel routes. The Road
Maintenance Collateral may be accessed by County if, following notification to Operator of
required roadway safety related repairs or maintenance (including dust control), Operator fails to
perform said repairs within the time allowed in County's notification. If any of this collateral shall
be collected by County, Operator shall replace the amount, plus interest, within six (6) months. If
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no Project Collateral is required to be submitted, Road Maintenance Collateral shall be submitted
at the time of execution of this Agreement.
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 Operator. 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 withheld
from and at the time of release of Warranty Collateral, or may be submitted separately by Operator.
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, Operator 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 Operator'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 Operator 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. Operators 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, Operator
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
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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, Operator shall submit to the Weld County Department of Public Works a
Statement of Substantial Compliance by Operator'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 Operator
to correct the deficiencies. If the County determines the improvements were constructed in
accordance with the Construction Plans, the County shall initially approve the Off -Site
Improvements.
2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period.
Upon completion of the two-year warranty period, County Public Works personnel shall, upon
request by Operator, inspect the subject improvements, and notify the Operator of any deficiencies.
If any deficiencies are discovered, Operator shall correct the deficiencies. County personnel shall
re -inspect the improvements after notification from Operator 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 Operator
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
Operator 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 Operator.
D. Access and Right -of -Way Permits:
1.0 Access Permits. Operator 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, Operator has violated any of the terms
of this Agreement, County shall notify Operator of its belief that the Agreement has been violated and shall
state with specificity the facts and circumstances which County believes constitute the violation. Operator
shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after
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fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may
consider Operator to be in breach of this Agreement.
2.0 Remedies for Breach by Operator. In the event that County determines that Operator 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.
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. Operator 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
Operator'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 Operator 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. Operator 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 operator who has purchased the Property
or has assumed the operation of the business permitted by the USR, and intends to make use of the
rights and privileges available to it through the then existing USR.
3.4 Revocation of USR. This Agreement shall terminate following County's revocation of
Operator's USR, except that Operator shall only be released from this Agreement after the
successful completion of all improvements required under this Agreement, which may be
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completed by County after accessing Operator's collateral if Operator fails to complete such
improvements.
F. General Provisions:
1.0 Successors and Assigns.
1.1 Operator may not delegate, transfer, or assign this Agreement in whole or in part, without
the prior express written consent of County and the written agreement of the party to whom the
obligations under this Agreement are assigned. Consent to a delegation or an assignment will not
be unreasonably withheld by County. In such case, Operator's release of its obligations shall be
accomplished by County's execution of a new Improvements Agreement with the successor owner
of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of
the parties.
3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
5.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
6.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District
Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
7.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Operator, 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.
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8.0 Release of Liability. Operator 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.
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, Operator
shall provide the County with proof of Operator's authority to enter into this Agreement within five (5)
days of receiving such request.
11.0 Acknowledgment. County and Operator 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.
4434251 Pages: 10 of 11
09/27/2018 11:02 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII Mr..4'C7 HtiiIM.WiAltlitlih'ill' �IUR NICV Yiyi III III
Page 10 of 11
OPERATOR:
By:
Name:
a,z/.1 2;7
r D T ct d ilk 3-64
Title: O l c e ‘P V LG4- et-i+
STATE OF COLORADO
County of Weld
Date
SS.
A �.�5 i 23,E 2c y
J
NICOLAS D. HAGENLOCK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20094004084
MY COMMISSION EXPIRES FEB. 11, 2021
The foregoing instrument was acknowledged before me this ow/ of August,
2018, b let o�
WITNESS my hand and official seal.
Notary Public
WELD COUNTY:
ATTEST:. t ° BOARD OF COUNTY COMMISSIONERS
Weld Guns �'erk to the Bo. rd WELD COUNTY, COLORADO
BY:
Deputy Cler?'o tl e Boar
4434251 Pages: 11 of 11
09/27/2018 11:02 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
kratItrPiqly'firilirMlitilillgill. l BIM
I
teve Moreno, Chair
Page 11 of 11
SEP 17 2013
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Cheryl, Esther,
Tisa Juanicorena
Friday, November 09, 2018 12:46 PM
Frank Haug; Esther Gesick; Cheryl Hoffman; Evan Pinkham
Dawn Anderson
RE: please advise
Follow up
Flagged
OK, so based on Frank's direction — the three that have already received Board approval and have either been signed or
signed and recorded are going to remain as is. Frank is confident the reso trumps the IA and we can put those behind us.
None of them have exhibits.
For the three that have to go on the Agenda, I will rewrite them with the agreed upon revisions and with Evan's input
and then resend to the applicant for signature and then we can move forward with those. None of these have exhibits
either.
On base - #2096 can go to recording if you have the plat.
#2078 and 2079 can go back in the file room
I will rewrite #s 2167, 2225 and 2188 -- none of which have exhibits.
Let me know if you have any questions.
Tisa Juanicorena
Engineer Tech II
Development Review
Public Works
1111 H Street
Greeley, CO 80634
tjuanicorena@weldgov.com
tjuanicorena@co.weld.co.us
tel: 970.400.3778
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
From: Frank Haug
Sent: Friday, November 9, 2018 11:18 AM
To: Tisa Juanicorena <tjuanicorena@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman
<choffman@weldgov.com>; Evan Pinkham <epinkham@weldgov.com>
Cc: Dawn Anderson <dranderson@weldgov.com>
Subject: RE: please advise
If we have an IA for the construction period only, then we need to make sure that we indicate that on the improvements
agreement. I think we ought to use the pipeline template for those that are only during construction. We need to make
sure that the board specifically directed staff to do the IA for the construction period only. For those that are recorded
already, I think we just leave them alone and move on. For ones that aren't recorded, we should figure out whether
there are exhibits or not, and then correct them, and if they are for construction only, we should indicate that also. Let
me know if that makes sense or if you want to discuss it further, thanks.
From: Tisa Juanicorena
Sent: Friday, November 9, 2018 7:59 AM
To: Frank Haug <fhaug@weldgov.com>
Cc: Dawn Anderson <dranderson@weldgov.com>
Subject: please advise
Hi Frank,
Several of the lAs that we discussed in our meeting over at CTB are supposed to only be for the construction period only,
so of course there are no exhibits, but it raises the bigger question of the template. Evan told me that Elizabeth would
prefer full agreements for anything that is commercial, however the resolution clearly states for the construction period
only...??? And that is what was signed by the Board. I am a little confused how to move forward in situations like these. I
am attaching both templates which have not been revised yet, as I just reviewed my suggested amendments with both
you and Dawn for the big one and received the ok yesterday to update it... but the gist remains the same for both. The
pipeline agreement is basically construction period only, and the other is the full agreement.
Question #2.... Should we decide to use the temporary language to match the reso, do you want to add the right to
amend/modify subsection maybe to be determined upon final inspection to address the possibility of a future full
agreement being needed or do we not address that until/if they come in with an amended USR application — then we
amend or create a full agreement?
Please advise.
Tisa Juanicorena
Engineer Tech II
Development Review
Public Works
1111 H Street
Greeley, CO 80634
tjuanicorena@weldgov.com
tjuanicorena@co.weld.co.us
tel: 970.400.3778
2
Cheryl Hoffman
To:
Cc:
Subject:
Good morning, Frank and Evan,
/ Ddc079
Frank Haug; Evan Pinkham
Dawn Anderson; Tisa Juanicorena; Esther Gesick; Cheryl Hoffman; Karla Ford
Various IAs without Exhibits attached
Listed are several lAs that list Exhibits which are not attached (and say they are incorporated herein):
1. 2 that are going thru OnBase right now — Contract ID #2225 Verdad Resources LLC c/o Cureton Midstream, LLC —
USR18-0022 and Contract ID #2167 Tallgrass Terminals LLC — USR18-0035. These were sent to Karla yesterday
for passaround and are in the Finance queue in OnBase.
2. Contract ID #2188 Stroh Family Trust c/o Discovery DJ Services LLC — USR18-0039 — I have originals and signed
passaround. In Finance queue in OnBase.
3. 2 that were on consent agenda 9-17-18, approved by the BOCC and have already been recorded and finalized
without exhibits attached — Contract ID #2079 DCP Operating Company LP — USR18-0018 and Contract ID #2078
DCP Operating Company LP — USR18-0017.
4. Contract ID #2096 Anadarko E&P — USR18-0019. This one was on consent agenda 10-15-18 and approved by the
BOCC. Have not sent it to Recording because of missing Exhibits.
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
•
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
Hello