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Home My WebLink About20182759.tiffRESOLUTION RE: APPROVE SECOND AMENDMENT TO IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, ACCEPT INCREASED OFF -SITE COLLATERAL AND RELEASE ON -SITE COLLATERAL FOR MUSR15-0020, AS RELATED TO USE BY SPECIAL REVIEW PERMIT, USR-1687 - JOURNEY VENTURES, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on April 22, 2009, the Weld County Board of Commissioners approved a Site Specific Development Plan and Use by Special Review Permit, USR-1687, for Journey Ventures, LLC, P.O. Box 129, Greeley, Colorado 80632, for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants, along with importation of resource material, in the A (Agricultural) Zone District, on the following described real estate, to -wit: Lots A and B of Recorded Exemption, RE -4744; located within the SE1/4 and SE1/4 NE1/4 of Section 7, Township 5 North, Range 64 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, on September 7, 2011, the Board 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 Journey Ventures, LLC, with terms and conditions being as stated in said agreement, and accepted Performance Bond #34BCSFX7461 from Hartford Casualty Insurance Company, One Hartford Plaza, Hartford, Connecticut 06155, in the amount of $31,800.00, and WHEREAS, on December 27, 2017, the Board approved a First Amendment to said Improvements Agreement to establish a secondary haul route allowing trucks to also turn east onto County Road 58 and head to the intersection with County Road 53 and then disperse, and WHEREAS, the Board has been presented with new collateral in the form of a Performance Bond, #2269333, from North American Specialty Insurance Company, 5200 Metcalf Ave., Overland Park, KS 66202-1265, in the amount of $901,249.00, in conjunction with a Second Amendment to said Improvements Agreement to add Exhibits A-1 and B-1 regarding required off - site improvements and release of expired prior on -site collateral, in the form of Performance Bond #34BCSFX7461, from Hartford Casualty Insurance Company, One Hartford Plaza, Hartford, Connecticut 06155, in the amount of $31,800.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services conducted a visual inspection regarding the prior on -site improvements and recommend release of said expired collateral, and 4435052 Pages: 1 of 26 \ 10/01/2018 11:07 AM R Fee:$0.00 A : > 6 ) ) Carly Koppes, Clerk and Recorder, Weld County, CO C..� �.I VIII I rjI'Y�'�a�Ilci la ,l l�'Yh 't��,��J� I W 11111 7,0:;;:e--;s6 i /s 2018-2759 PL2007 SECOND AMENDMENT TO IMPROVEMENTS AGREEMENT - JOURNEY VENTURES, LLC PAGE 2 WHEREAS, upon recommendation of staff, the Board deems it advisable to release said expired collateral, approve the Second Amendment to the Improvements Agreement and accept said new collateral 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 Second Amendment to the Improvements Agreement According to Policy Regarding Collateral for Improvements to add new Exhibits A-1 and B-1 regarding required off -site improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Journey Ventures, LLC, be, and hereby is, approved, and Performance Bond, #2269333, from North American Specialty Insurance Company, in the amount of $901,249.00, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return expired Performance Bond #34BCSFX7461, in the amount of $31,800.00, to the appropriate issuing party, Hartford Casualty Insurance Company, One Hartford Plaza, Hartford, Connecticut 06155. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of August, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dtio 4elizi; Weld County Clerk to the Board pputy Clerk to the Board Date of signature: fa'7/ IS' 4435052 Pages: 2 of 26 10/01/2018 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IAh III II 2018-2759 PL2007 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular Agenda REQUEST RE: BOCC Agenda Item —Release of collateral and acceptance of new collateral for: Journey Ventures, LLC — MUSRI5-0020 DEPARTMENT: Public Works DATE: 8/6/2018 PERSON REQUESTING: Evan Pinkham Brief description of the issue: The Department of Public Works is requesting that the Board of County Commissioners release the currently held collateral in the amount of $31,800.00, which expires on August 19`", 2018, and accept collateral in the amount of $901,249.00 from Journey Ventures, for off -site improvements associated with MUSR15-0020. County Staff has worked closely with Journey Ventures and its representatives to determine the appropriate amount of collateral to complete the improvements for this project. The improvements are scheduled to be completed in 2020. Assistant County Attorney Frank Haug has reviewed the Improvements Agreement and Collateral requirements and recommends acceptance of the 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: Journey Ventures, LLC: (P1,2007) #2011-2374 USR #1687 Imps Agrmt Performance Bond from Hartford Casualty Ins Co. Renews automatically until Release by Obligee $31,800.00 Recommendation: The Department of Public Works, and the County Attorney's Office are recommending approval of the collateral release and acceptance of new collateral for Journey Ventures, LLC — (MUSR15-0020). Schedule as Consent Schedule as Regular Agenda BOCC Item Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkrneyer, Pro-Tem Steve Moreno, Chair BOCC I (caring Item Other'Comments: omments: 2018-2759 MEMORANDUM TO: Don Dunker, P.E., Public Works DATE: March 1, 2018 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Proportional Share Calculations for Journey Ventures Pit between WCR 49.5 and CR 51 on CR 58 This memo is intended to document the procedures used to determine the proportional share for the roadway improvements identified in the USR-1687 Improvements Agreement. The agreement outlines which improvements are required and who is responsible for paying for the construction of those improvements. Per Section A.2.2 of the agreement, a left turn lane on CR 53 for northbound traffic turning west onto CR 58 and wider shoulders on CR 58 from CR 53 to the pit access are to be constructed. The existing asphalt road shall be overlaid as well. These improvements are the only improvements identified as being proportional share between the owner and the County. The improvements agreement also states the traffic count data used in the determination of proportional share shall be current and shall be based on the ESAL Calculation Method. Discussions for the need to install the improvements outlined above started in July of 2016. Weld County performed current traffic counts starting on September 19, 2016 and ending on September 21, 2016 to establish the background traffic on CR 58. Traffic counts starting on October 12, 2016 and ending on October 14, 2016 were taken to establish the trucking into and out of the Journey Ventures facility. Counts were taken immediately east and west of the gravel pit entrance. Table 1: Traffic Count Data for CR 58 CR 49.5 to Journey Ventures Driveway Date ADT (vpd) Percent Trucks t Truck Total Truck Count Based on ESAL Conversion Factor of 1.2 9/21/2016 295 36 106 127 10/14/2016 609 59 359 431 Journey Ventures Driveway to CR 51 9/21/2016 286 41 117 141 10/14/2016 736 61 449 539 Once the total number of trucks was known, the number was adjusted using the FHWA Class 9 (Single trailer truck) conversion factor of 1.2 ESALs per vehicle. For the purposes of determining proportional share, it was determined the background truck traffic was the responsibility of Weld County. Therefore, the background truck traffic was 127 to the west of the pit entrance and 141 to the east of the pit entrance. Truck traffic above the background level is the traffic being added by activities at the Journey Ventures Pit. Trucks exiting the pit were required to turn east onto CR 58 and go to CR 53. Trucks entering the pit could come from the east or west direction depending on if they were concrete trucks returning to the pit for another load of concrete or not. All improvements which require proportional share are located east of the pit. Therefore, for this portion of the analysis, only the counts from the Journey Ventures Driveway to CR 51 were used. Page 1 of 2 C:\Users\ddunker\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\7JHHP6EO\Proportional Share Memo to Don D.docx According to Table 1, the background truck traffic was 286 vpd with 41% trucks which equates to 117 trucks per day. When multiplied by the FHWA ESAL conversion factor of 1.2, the background truck traffic equates to 141 vehicles per day. Using the same methodology, the truck traffic for the October 14, 2016 date equates to 539 vehicles per day. The numbers above were used to determine the proportional shares shown in Table 2. Table 2: Proportional Share Responsibilities Based on 2016 Traffic Data Journey Ventures Driveway to CR 51 Adjusted Truck Count Proportional Share (%) Background 141 26.16 Pit Active 539 73.84 In order to check the reasonableness of the above methodology, a check was performed using the traffic generated by IHC truck traffic and County truck traffic coming out of the pit in July of 2017. Table 3 outlines the various truck traffic. Table 3: 2017 Hauling Activit 2017 Hauling from Journey Ventures Pit Truck Trips From West To East IHC fly ash and cement deliveries 60 0 60 IHC concrete deliveries 500 250 250 County gravel hauling 90 0 90 Background 141 141 141 Total 791 391 541 Background traffic remains unchanged for the 2017 example because the 2016 counts are still considered as current. Table 4 shows the proportional share based on the 2017 hauling activity. Table 4: Proportional Share Responsibilities Based on 2017 Data Adjusted Truck Count Proportional Share (%) Background 141 26.06 Pit Active 541 73.94 The proportional share based on the 2017 data is virtually identical to the proportional share based on the 2016 data. Therefore, the proportional share for the County is 26% (rounded) and Journey Ventures is 74% (rounded). Per the improvement agreement, Journey Ventures shall post collateral equal to 100 % of their proportional share of the improvements outlined above. They are also responsible for posting collateral equal to 100% of the improvements for which they are wholly responsible. These improvements include but are not limited to: a westbound deceleration lane on CR 58 at their entrance, an eastbound deceleration lane on CR 58 at their entrance, and an eastbound acceleration lane at their entrance. Finally, per Section A.2.0 of the improvements agreement, Journey Ventures is responsible for all costs associated with the design, survey, utility relocates (includes irrigation), past and future ROW clearances and permits, coordination, traffic control, and project safety during construction. Page 2 of 2 C:\Users\ddunker\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\7JHHP6EO\Proportional Share Memo to Don D.docx tij IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Journey Ventures LLC. — USR-1687 THIS AGREEMENT, made and entered into this ,7 -4 day of ,Spit"-rdj,i,, , 2011, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and Journey Ventures LLC., hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Lots A & B of Recorded Exemption RE -4744 in Parts of Sections 7, Township 5 North, Range 64 West of the 6th P.M. Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for a Mineral Resource Development Facility including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants along with importation of resource material on approximately 84.63 acres on the above described real property, and the County is currently in the process of considering a Use -by -Special Review for the Property, and WHEREAS, the Property Owner acknowledges that the issuance of USR-1687 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans", a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner acknowledges that it may not engage in any activity described in USR-1687 until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall not be required to commence work on the on -site or off -site improvements, nor to provide collateral for said improvements until Property Owner submits and receives approval for a grading permit or for a Right -Of -Way permit for construction of accesses and work within the County Right -Of -Way . 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 1.0 Weld County Road (WCR) 58 & Weld County Road 53: The Property Owner shall be responsible for the construction of certain on -site and off -site safety 1 3791261 09/09/2011 11:42A Weld County, CO 1 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder improvements which shall include: 1.1 Construction of 60 -foot turning radii at the intersection of WCR 58 and WCR 53 1.2 Construction of a left turn lane on WCR 53 for northbound traffic turning west onto WCR 58. The left turn lane shall be 400 feet in length including the beginning of taper. The re -direct taper will be additional length. 1.3 Construction of acceleration and deceleration lanes at the USR entrance on WCR 58. 1.4 Construction of (40) feet turning radii, drainage and signage installations, at the main gravel pit entrance and exit onto WCR 58, as indicated on the approved construction plans. The entrance improvements shall include asphalt paving from the access point to the existing cattle guard (minimum 100' x 24'). 1.5 Construction of road safety improvements to WCR 58 including paving and wider shoulders between the USR site entrance and WCR 53, approximately 1.2 miles according to pavement design and construction plans prepared by the Property Owner submitted to and accepted by the Department of Public Works. 1.6 Installation of a `Trucks Turning' signs on WCR 58 at a locations east and west of the gravel pit entrance at distances determined by the Weld County Department of Public Works. 2.0 Road Improvements Responsibilities: 2.1 Property Owner is solely responsible for all designated improvements, as specified above in Section A.1.0, on WCR 58 and WCR 53, which responsibilities include, but are not limited to the following: design, survey, utility locates, present and future right-of-way clearances and permits, coordination with oil and gas operators and facilities, affected railroad facilities and affected irrigation facilities, traffic control, and project safety during construction. Any other future USR or amended existing USR abutting and/or adjacent to the designated improvements above shall pay a proportionate cost share of the improvements which shall be reimbursed to the Property Owner. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory agencies. 2.2 For the Improvements detailed under sections A.1.2 and A.1.5 above, Property Owner shall pay a proportionate cost share based on the number of truck trips entering and exiting Property Owner's site using the then current traffic count data on the haul route and calculated using the ESAL Calculation Method. County personnel alone shall make all determinations regarding the gathering and use of traffic data when making decisions regarding cost sharing. As mutually agreed under a future separate agreement, payment for Property Owner's cost share of improvements may be provided by in -kind contributions of work, materials or both. 4435052 Pages: 4 of 26 10/01/2018 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii INIMIICIMIIri Mili :0414 ilk Bill 2 11111111111111111111111 IIII 11111111111 III 11111 1111 IIII 3791261 09/09/2011 11:42A Weld County, CO .. _� .� n n nn n n nn c►.,.m RAnrnnn f'IavIi £ RPPArfIPY 3.0 Engineering Design and Construction Plans: All engineering designs and construction plans provided by Property Owner shall include, at a minimum, geotechnical data, ingress/egress entrance intersection layouts, existing and proposed grading, drainage designs, storm drainage pipe sizings and inverts, a cross section of the base/asphalt, approach roads and adequate turning radii, and pavement markings. In addition, a geotechnical asphalt pavement design to accommodate heavy truck traffic, prepared by a Professional Engineer licensed to practice in Colorado, is required for WCR 58 and WCR 53. 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 right-of-way 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 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 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. 5.0 Traffic Control: Prior to 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, 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 - Not Applicable as the haul route is paved 7.0 Future Improvements: Future improvements to the haul route(s) may be required by County for reasons related to: changes in site activity or truck circulation patterns and numbers, roadway classification changes, and newly permitted facilities affecting the haul route traffic usage. Property Owner shall pay a proportionate cost share of future improvements not described herein based on the Property Owner's percentage of total truck trips using then current data on the haul 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. 8.0 Timing of Improvements: Property Owner shall not be required to complete the aforementioned offsite improvements until the occurrence of the triggering event for each improvement which shall be the issuance of the grading permit or Right -Of -Way access permit resulting from the commencement of activities on the property(s) or as described below. At that time, Property Owner agrees that the required collateral will be posted and all on -site and offsite improvements shall commence and shall be completed within the parameters established in Section E.-7.2 and Exhibit B, herein. In the event weather or other conditions, circumstances or events beyond the control of Property Owner prevent completion of offsite improvements prior to issuance of a grading permit or Right -Of -Way permit, Property Owner shall be allowed to post required collateral for the completion of such offsite improvements as a temporary substitute for such completion, under terms and conditions that are acceptable to Property Owner and County. 4435052 Pages: 5 of 26 10/01/2018 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Vlinhitif 1I III 3 1 1111111 11111 111111111111111111111111111 III 1111111111111 3791261 09/09/2011 11:42A Weld County, CO ,.f 17 R n nn n n nn Ste:P_ Mnrenn Clerk & Recorder Triggers for Improvements: On -site: 1. Prior to mining and stockpiling: construct interior haul roads, interior haul road signs, and screening fence. 2. Prior to hauling out of USR-1687/Journey Ventures pit: construct entrance road pavement. Off -site: 1. Construction of (40) feet turning radii, drainage and signage installations and other improvements at the main gravel pit entrance and exit onto WCR 58, per section A.1.4 of this Agreement shall completed prior to commencement of hauling out of USR- 1687/Journey Ventures Pit. 2. Turning radii at intersection of WCR 58 and WCR 53 per section A.1.1 shall completed prior to commencement of hauling out of USR-1687/Journey Ventures Pit. 3. Installation of warning signage for trucks turning at the gravel pit entrance on WCR 58 per section A.1.6 shall be completed prior to commencement of hauling out of USR- 1687/Journey Ventures Pit. 4. Design and collateralization of left turn lane improvements on northbound WCR 53 per section A.1.2 shall be commissioned when County notifies Property Owner that peak hour turning trucks exceed 10 haul trucks per hour turning from WCR 53 to westbound WCR 58 as determined by the County. Construction of WCR 53 left turn lane improvements shall be completed within one (1) year of notification. 5. Overlay and Widened Shoulders of WCR 58 per section A.1.5 shall be designed, collateralized, and constructed when WCR 58 peak hour haul truck trips accessing Property Owner's site exceed 10 trucks per hour as determined by the County. The improvements shall be based on geotechnical pavement and shoulder designs performed by the Property Owner's Colorado Registered Professional Engineer and presented and accepted by the County. 6. Acceleration and deceleration lanes at the gravel pit entrance on WCR 58 shall be designed, collateralized, and constructed per section A.1.3 when warranted per the guidance in the 2002 CDOT State Highway Access Code, Volume 2, CCR 601-1, Section 3.8, Category R -A, part 5. 9.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Journey Ventures 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 for in Paragraphs E.6.0, sections 6.1-6.3. 9.1 All references in this Agreement to "Acceptance of Improvements" shall 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 for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. 4 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3791261 09/09/2011 11:42A Weld County, CO d of 17 R n nn n n nn RtPVP Mnrann Clark 2. Rarnrrinr B. Haul Routes: 1.0 Established Haul Routes: a. Exiting or entering the site: WCR 58 between the gravel pit entrance and the intersections of WCR 51 and WCR 53. b. No haul truck may exceed CDOT required specifications for pounds per axel. c. In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned haul route for a limited period of time (which is defined in the Agreement as a period of not more than thirty days) Property Owner may request a temporary alternative haul route, which shall be established by County at the time that the deviation is allowed. If County approves such deviation, trucks will utilize paved county roads whenever possible. A deviation from the established Haul route lasting more than thirty (30) days or requests for two or more deviations within a twelve month period shall be subject to the terms of Paragraph 4.0 of this Section B. In the event that haul truck traffic, in excess of 15% of the daily facility truck trips, utilizes alternate haul routes, the provisions of Paragraph 4.0 of this Section B shall be triggered. 2.0 Haul Route Signage: Property Owner shall install haul route signs at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Property Owner or site operator to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilized any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said haul route roads, Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current truck trip counts that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner agrees to excavate, repair, or patch any damage on current or future haul route roads, which in the sole opinion of County has been created by heavy truck hauling from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes 5 i iniii nuuiiiii iimuni iiim unuii nm iui uu 3791261 09/09/2011 11:42A Weld County, CO .r, of 17 R n nn n n nn Steue Mnrenn Clerk R Rer_nrrler other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads. The type and method of repair will be determined by the County Engineer or his representative, and may require a written amendment to this Agreement executed by County and Property Owner. All repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall pay a proportionate cost of a complete restoration based on the number of then current truck trips on the haul route. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is anticipated that Property Owner and other Property Owners and/or Lessees subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner and other Property Owners and/or Lessees shall be conducted pursuant to separate agreements between the Property Owner and other Property Owners and/or Lessees. County shall approve the Agreements only to determine whether the required improvements and maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 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 revocation of USR-1687 as it now exists or may, from time to time, be amended in accordance with the procedures of the Weld County Code. D. On -Site Improvements: 1.0 Landscaping Requirements: Property Owner shall landscape and/or maintain the landscaping and re -seeding of the property where applicable as shown on the accepted construction plans and site plan drawings. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and reseeding where applicable as shown on the accepted construction plans and site plan drawings. Additionally, the Property Owner shall install and maintain fencing to screen the property where applicable as indicated on the accepted construction plans and site plan drawings. Some of these improvements may include work extending into the County Right -of -Way in which case a Right - Of -Way permit is required. 6 unoi nm mill lino mi min unuii nisi iui mi 3791261 09/09/2011 11:42A Weld County, CO 6 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its own expense, grade, pave specified roadway portions, accesses and parking areas, and install accepted drainage facilities, adjacent to or within the interior portion of the property in accordance with the accepted construction plans. Refer to Section A., paragraph 1.0 of this agreement for specific paving requirements extending into the facility site from WCR 58. Additional infrastructure improvements will be addressed at the time of application for an amended USR. Some of these improvements may include work extending into County Right - Of -Way in which case a Right -Of -Way permit is required. 3.0 Timing of Improvements: Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely commencement of activities at the site, the approval of the grading permit, or an amendment to the existing USR. No grading permit will be approved until collateral is posted for the associated improvements. 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 pre -approved in writing by the Planning and Public Works Departments. At that time, 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 acceptance process 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. 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 to the interior of the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -Way and Easements: The existing WCR 58 and WCR 53 Right -Of - Way are anticipated to be sufficient for construction of the required roadway improvements. 7 111111 IIIII IMIlI 111111 IIII IiIIII IIIII III 11111 IIII IIII 3791261 09/09/2011 11:42A Weld County, CO 7 of 17 R n nn n n nn Cfai,a 6Anrann Marl' A. Rarnrrlar However, before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at its own expense, 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, costs listed on Exhibit "A", and described in parts A and D of this agreement, which is 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 stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings approved 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. 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, to include but not limited to damages to property adjacent to the construction plan area shall be repaired, shall be removed and replaced to the satisfaction of the County at Property Owner's expense. 3.4 Said USR improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on the accepted construction plans with associated costs shown on Exhibit "A" upon application of the Property Owner subject to the terms of Section 6 herein. 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim. 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. 8 ' o mN • 1!" ▪ 2 O-0 slna 3A Q a -l' Ka: ✓ m n Err (9 pa MI -- N. a �C) -t o Era,S 7 or;o 111111111111 IlIII VIII IIII 111111 VIII III VIII Illl IIII 3791261 09/09/2011 11:42A Weld County, CO 8 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 5.0 Warranty of Road Improvements: Property Owner shall warranty all improvements to public rights -of -way, including 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 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 constitute an acceptance of said portions. 6.2 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 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 re -inspect 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. 6.3 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 re -inspect 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 9 I 11111 111111 111111 liii 111111 11111 ui 11111 1111 liii 3791261 09/09/2011 11:42A Weld County, CO Q of 17 R 11 nn n n 1111 StP_1JP_ Mnrenn Clerk & Rernrder 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 improvement 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 to be kept in place for the life of the USR permit. 7.2 Collateral submitted to Weld County to guarantee completion of the improvements identified on the accepted construction plans and further enumerated in the costs listed in Exhibit "A", must be equivalent to One - Hundred percent (100%) of the value of the improvements as shown in this Agreement. Collateral for Off -Site improvements mentioned in Section A., 1.0 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 on Exhibit "A" On -Site Improvements of this Agreement. Such collateral shall be provided to the County on the dates set forth herein and shall be held in total until all improvements have been completed. This collateral must be submitted to County upon the submission of the Property Owner's application of a grading and/or right- of-way permit. 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 Road maintenance collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners. The amount of the collateral required for road maintenance shall be established by the Weld County Department of Public Works based upon its determination of the anticipated expenses, and its determination of the amount shall be final. Road maintenance collateral shall be held by County as long as this Agreement is in effect. If any of this collateral shall be collected by County, Property Owner shall replace the amount within six (6) months. 7.5 Road maintenance collateral shall be adjusted annually, during the month of January, for inflation. The First adjustment shall be made no less than twelve months after, and in no event later than twenty-four months from the execution of this Agreement. The adjustment shall be equal to the 10 111111111111111111111111 III 111111 11111111 III'II III I"I 3791261 09/09/2011 11:42A Weld County, CO 10 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. 7.6 Acceptable collateral shall be submitted prior to commencement of Site Preparation, as herein defined. No grading or building permits shall be issued for sand and gravel mining, processing operations improvements, or other site related activities, on the property and no Site Preparation shall commence until collateral is provided in the amount of One -Hundred percent (100%) of the 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" hereto. If improvements are not completed within these time frames, the County, at its discretion, may make demand on all or a portion of the site collateral and take steps to see that the improvements are made. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Applicant's planned sand and gravel mining and processing or related operations pursuant to USR-1687 that require a grading or building permit from the County pursuant to the Weld County Code. 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; 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 a LOC: (IRREVOCABLE 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. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. 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. 7.10 The Board of County Commissioners of Weld County 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. 11 3791261 09/09/2011 11:42A Weld County, CO 11 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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 of 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 (hereafter "Engineer"), that the project or a portion of the project has been completed in substantial compliance with approved 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. 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. 8.5 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. 8.6 For all off -site and on -site improvements (including improvements to public rights -of -way or easements), the 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. 12 1111111 IIH 111111 lino inuuuuini III 111111 II liii 3791261 09/09/2011 11:42A Weld County, CO 12 of 17 R 11.00 D (1.00 Steve Moreno Clerk & Recorder 8.7 "Road Maintenance Collateral" shall be maintained as long as the USR is active. It shall be adjusted annually by the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. Road Maintenance Collateral shall be adjusted annually, during the month of January, for inflation. The First adjustment shall be made no less than twelve months after, and in no event later than twenty-four months from the execution of this Agreement. 9.0. Successors and Assigns: Except as specified below, this Agreement may not be delegated or assigned in whole or in part by either party hereto without the express written consent of the other party 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.. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the 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 thirty (30) days within which to either cure the violation or demonstrate compliance with this Agreement. lf, after thirty (30) 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. 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 USR- 1687 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. 13 I 11111 11111 111111111111111 1111111111III 3791261 09/09/2011 11:42A Weld County, CO ,7 ..f 17 12 fl nn n n nn Steve Moreno Clerk & Recorder 1.2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1687 by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1687 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 — USR-1687 by New Operator: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1687 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 14 I111111 liii 111111111111111111111111111 III 111111 III VIII 3791261 09/09/2011 11:42A Weld County, CO 14 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Agreement According to Policy Regarding Collateral for Improvements — USR-1687 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. 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 — USR-1687 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 - USR-1687 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 USR-1687. 5.0 Consequence of Termination Pursuant to Paragraph E.11.0: In the event that activities related to USR-1687 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 15 1111111 nuniiiii miu liii 111111 11111 III 111111 IM liii 3791261 09/09/2011 11:42A Weld County, CO i� „f 17 R n nn n n nn Ctaua Mnrann CIark R Rernrder J. Authority to Sign: Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: PROPERTY OWNER: Subscribed and sworn to before me this day of , 2011_ ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO LLL Weld County Clerk to the Boa �� ,-� ,;� Barbara Kireyer, Chair BY:-at`%31A —'' Deputy Clerk to the Board/ APPROVED AS TO FORM: SEP 7208 County Attorney ll lIIl IIIIII lIl III 111111 IIIII III 111111 III (III 3791261 09/09/2011 11:42A Weld County, CO 16 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 4435052 Pages: 18 of 26 10/01/2018 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •�� QW��hWiLi Rf�=I � r��iMi�1h'��Yi �� II EXHIBIT A Journey Ventures USR 1687 CR 58 Widening Improvements Qty Unit Unit $ Est $ Item County Road 58 Roadway Shoulder Embankment Fill 4370 CY $ 10.00 $ 43,700. County Road 58 Roadway Paving (4' Width with 3" Grading S HBP and 2" Grading SX HBP)* 2854 SY $ 18.00 $ 51,372 Fill Grading and Subgrade Prep 1 LS $10,000. $ 10,000. Traffic Control For Widening WCR 58 1 LS $10,000. $ 10,000 Relocate Traffic Sign 5 EA $ 125.00 $ 625. Total: $ 115,697. * Final pavement design pending accepted geotechnical report Journey Ventures USR 1687 Offsite Improvements Item Qty Unit Unit $ Est $ Traffic Control For 60' Radii work - WCR 58 1 LS $1,200.00 $ 1,200. Relocate Traffic Signs 1 EA $ 125.00 $ 125. Fill Grading and Subgrade Prep- WCR 58 1 LS $3,400.00 $ 3,400. Pave 60' Radii on WCR58 at WCR53 Intersection (— 5" Thick) 349 SY $ 19.50 $ 6,805. Total: $11,530 * Final pavement design pending accepted geotechnical report Journey Ventures USR 1687 On -site Improvements Item Qty Unit Unit $ Est $ 6' Privacy Fencing 543 LF $ 23.00 $ 12,489. Signage for Pit Interior and Trucks Turning Signs 5 EA $ 200.00 $ 1,000. Grade Prep and Pave Entrance area with 4" Grading G HBP 411 SY $ 16.50 $ 6,781. Total: $20,270. 1111111 nunuiii lino mi iiiin imi ui niiii iu mi 3791261 09/09/2011 11:42A Weld County, CO 17 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 4435052 Pages: 19 of 26 10/01/2018 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII Mildilf a I'IIIIIIHMINII'IVIMYN«+14Y h BM I Exhibit A-1 , USR 1687 Estimated Cost of Improvements Summary WCR53 and 58 Intersection J2 2018 Estimate of County's Requested Scope 5/7/18 $ 284,850 2" Intersection Mill 5" Overlay, add Left Turn Lane at J-2 Proportional Share 14% ,J2 Calculated Proportional Share of Costs $ 39.879 + WCR58 Widening and Paving J2 2018 Estimate of County's Requested Scope 5/7/18 $ 1.032,360 Widen Road 4' On each side, 2" Mill 5" overlay J2 Calculated Proportional Share 50% J2 Calculated Proportional Share of Costs $ 516.180 USR Entrance Improvements J2 2018 Estimate of County's Requested Scope 5/7/18 $ 345,190 Reconstruct Intersection to add Left Turn Decel / Accel J2 Calculated Proportional Share 100% J2 Improvements Calculated Proportional Agreement Share Scope of Costs of Original $ 345.190 Total J2 Estimated Proportional Share of Costs $ 901,249 1 , 4435052 Pages: 20 of 26 10/01/2018 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO id JET Consulting, Inc. Opinion of Probable Construction Costs 0 2018 .J&T ('onsuttinul Journey Ventures 5120 18 C R 53 & CR 58 improvements Item Number Description Quantity Unit CR 53 - Addition of Left Turn Lane with Tapers and 5" intersection Overlay QSrtera/ Items Unit Price Total Price 1 Project Mobilization/Demobilization 1 1 $10,465 15' $10,466 LS 2 Traffic Control 1 LS I $20,932 30 $20,932 3 Erosion Control 1 LS $6,279 69 $6,280 4 Construction Staking 1 LS $4,186 46 $4,186 Roadway Infrastructure 5 202-00220 REMOVAL OF ASPHALT MAT 315 0 SY $2.30 $724 50 6 202-00240 Rem Asphalt Mat (Planing) _ 5,330 0 SY 4 $2.64 $14,203.20 7 202-00250 Rem Pavement Marking 4 1,815.0 SF $0.71 $1,28865 8 202-05026 Sawing Asphalt Mat (6 In) 2,800 0 ' LF $3.09 $8,652.00 9 203-00100 Muck Excavation Unsuitable Material (Contingency) 715 0 CY 4 $10.00 $7,150 00 10 420-00132 Geotextile (Class 1) 2,145 0 SY $4.00 S8,580.00 11 203-00000 UNCLASSIFIED EXCAVATION (1035 CY Cut 220 CY Fill) 1,250 0 CY $7.00 $8,750.00 12 210-00810 Res Ground Sign 10 EA 5247.67 $247 67 13 212-00032 SOIL CONDITIONING 0 8 AC $3,300.00 $2,640.00 141 212-00006 SEEDING ;NATIVE) 0 8 AC $500.00 $400.00 15 `213-00002 MULCHING (WEED FREE HAY) 0 8 1 AC $850.00 $680.00 16 304-06000 AGGREGATE BASE COURSE (CLASS 6) 1,742 5 . TON $23.00 $40,077.50 17 403-33841 HOT MIX ASPHALT ;GRADING S) (100) (PG 64-22) 589.9 TON e-$70.00 $41,291 25 18 403-34751 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) 824 5 TON $85.00 $70,078.25 $4,560.00' 19 627-00005 EPDXY PAVEMENT MARKING s 48 0 GAL $95.00 • Sub Total $251,188 4435052 Pages: 21 of 26 10/01/2018 11:07 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder; Weld County, CO Construction Contingency (5%) Construction Costs Plus Contingency Construction Engineering / Materials Testing (8%) Construction and Engineering Total III )Pj' IIctI1p .M1S !Ii .34 liii $12,560 $263,750 $21,100 I $284,850 J&T Consulting, Inc. Opinion of Probable Construction Costs 2018 .I. t Consulting., Inc. Journey Ventures 7/5/2018 CR 53 & CR 58 Improvements Item Number Description Quantity Unit Unit Price Total Price CR 58 - 4' Paved Shoulders and 5" Overlay Per County Requirement General Items 1 Project McbilizationiDemobifization 1 LS $37,932.00 $37,932 2 T ratttc Control fr 1 LS 375,864 01 $75,864 3 Erosion control 1 LS $22,759 20 $22,759 4 Construction Staking I 1 1 • $15 172 80 LS $15,173 Roadway Infrastructure 5 202-00220 REMOVAL OF ASPHALT MAT 655 0 sv $2.30 Si, 506.50 6 202-00240 Rem Asphalt Mat (Planing) 16,445 0 SY $2.64 $43,414.80 7 202-05026 Sawing Asphalt Mat (6 In) 6,400.0 LF $3.09 4 $19,776.00 8 203-00000 UNCLASSIFIED EXCAVATION (3235 CY Cut 885 CY Fill) 4,120 0 CY $7.001 $28,840 00 9 203-00100 Muck Excavation Unsuitable Material (Contingency) 1,925 0 CY $10.00 $19,250.00 10 420-00132 Geotextile (Class 1) 5,775.0 SY $4.00 S23.100.00 11 ,210-00810 Res Ground Sign 6 0 EA $247.67 $1,486.02 12 212-00032 SOIL CONDITIONING 2 8 AC $3;300.00 $9,240.00 13 212-00006 SEEDING (NATIVE) 2 8 AC $500.00 $1,400 $2,380.00' 00 14 213-00002 MULCHING (WEED FREE HAY) 1 2 8 4 AC 1 $850.00 15 4 304-0600C AGGREGATE BASE COURSE (CLASS 6) 5,015 0 TON 4 $23.00' $115,345 00 16 403-33841 HOT MIX ASPHALT (GRADING S) 4 (100) (PG 64-22) 3,983 9 TON $70 00. S278,874.75 17 403-34751 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) 2,444 2 1 TON $85.06 $207,757.00 18 _627-00005 EPDXY PAVEMENT MARKING 66 0 GAL $95.00 $6,270.00 Sub Total $910,368 Construction Contingency (5%) Construction Costs Plus Contingency Construction Engineering / Materials Testing (8%) Construction and Engineering Total 4435052 Pages: 22 of 26 10/01/2018 11:07 AMd P Fee $0.0 Weld County, CO Carly Koppes, C1 'R� IIII Illl� d��Mi� .YI $45,520 $955,890 $76,470 $1,032,360 i 1 ill Consulting, Inc. Opinion of Probable Construction Costs O 2018 Jai i Consulting, Inc. Journey Ventures ',5/2018 CR 53 & CR 58 -mprovoments Item Number Description Quantity Unit Unit Price Total Price Reconstruct Intersection to add Decel Lanes at Entrance, Left Decel, Right Decel General Items Project Mcbilization/Demobilization 1.0 LS $12,683 41 $12,683 r 2 Traffic Control 1 0 LS $25,366 82 $25,367 3 Erosion Control 10 LS $7,610.05 $7,610 4 Ccnstruction Staking 1 0 LS $5,073 36 $5,073 Roadway Infrastructure 5 201-00001 CLEARING AND GRUBBING 0.6 AC 35,000 00 $3,000.00 6 607-01000 Fence BW MP 495 0 s LF $5 36 $2,653 20 7 210-00810 Res Ground Sign 1 0 EA $247 67 $247 67 8 ,627-00005 EPDXY PAVEMENT MARKING 37 0 GAL $95.00 $3 515 00 9 202-00240 Rem Asphalt Mat (Planing) 3.520 0 SY $2 64 $9.292 80 1 u 203-00'00 Muck Excavation Unsuitable Material (Contingency) 1,087.8 CY $10 00 $10 877.78 1 420-00132 Geotextile (Class 1) 3,263 3 I SY $4 00 $13,053 33 12 304-06000 AGGREGATE BASE COURSE (CLASS 6) 2,414 0 TON $23 00 $55 522 00 13 403-33841 HOT MIX ASPHALT (GRADING S) (10C) (PG 54-22) 717 9 TON $70 00 $50,255 33 14 403-34751 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) 746 2 TON $85 00 $63,424 17 15 203-00000 UNCLASSIFIED EXCAVATION (1420 CY Cut, 30 CY Fill) * 1,450 0 CY $7 00 $10,150 00 $8,064.90 16 202-05026 Sawing Asphalt Mat (6 In) 2,610 0 LF $3 09 17 202-00220 REMOVAL OF ASPHALT MAT 290.0 I SY $2 30 $667.00 18 212-00032 SOIL CONDITIONING 0.5 AC 4 $3,300 00 $1,650 D0' 19 212-00006 SEEDING (NATIVE) 0 5 AC I $500 00 $250 00 20 213-00002 MULCHING (WEED FREE HAY) 0.5 AC $850 00 $425 00 21 ROW Acquisition 10 310 0 I SF $2.00 $20,620.00 Sub Total $304,402 Construction Contingency (5%) Construction Costs Plus Contingency Construction Engineering t Materials Testing (8%) Construction and Engineering Total 4435052 Pages: 23 of 26 10/01/2018 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County: CO Fd11:17,114101114LIAIIINMIlli liNTA IA 11111 • $15,220 $319,620 $25,570 $345,190 WCR53/58 Bridge Project Contract Unit Costs 201-00001 CLEARING AND GRUBBING 202-00220 REMOVAL OF ASPHALT MAT 203-00000 UNCLASSIFIED EXCAVATION 203-00060 EMBANKMENT MATERIAL (COMPLETE IN PLACE) 212-00032 SOIL CONDITIONING 212-00006 SEEDING (NATIVE) 213-00002 MULCHING (WEED FREE HAY) 304-06000 AGGREGATE BASE COURSE (CLASS 6) 403-33841 HOT MIX ASPHALT (GRADING S) (100) (PG 64-22) 403-34751 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) 627-00005 EPDXY PAVEMENT MARKING $ 5,000.00 $ 2.30 $ 7.00 $ 12.00 $ 3,300.00 $ 500.00 $ 850.00 $ 23.00 $ 70.00 $ 85.00 ACRE SY CY CY ACRE ACRE ACRE TON ton ton 203-00100 Muck Excavation Unsuitable Material (Contingency) $ 10.00 CY 420-00132 Geotextile (Class 1) $ 4.00 SY 2017 CDOT Cost Data used in Caluculations 202-00240 Rem Asphalt Mat (Planing) 202-05026 Sawing Asphalt Mat (6 In) 210-00810 Res Ground Sign 607-01000 Fence BW MP 202-00250 Rem Pavement Marking 2.64 3.09 247.67 5.36 SY LF EA LF 0.71 SF % of Construction Cost Assumptions Project Mobilization/Demobilization Traffic Control 5% 10% Erosion Control 3% Construction Staking 4435052 Pages: 24 of 26 10/01/2018 11:07 AMnd R Fee:$0.00 Carly Koppes, Clerk aRecorder, Weld County, CO VIII �� IL''I�iY��h4�Yh till 2% EXHIBIT A-1 - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements all be completed according to the construction schedule set out in Exhibit B Applicant By: "ff/ZZs LEory Title Applicant Title 4435052 Pages: 25 of 26 10/01/2018 11:07 AM R Fee:$0.00 Carty Koppes, Clerk and Recorder, Weld County, CO VIII FOAM PI NY 14‘'1F#.kit:1 4411MM II II Date .F/ZO//y , 20 /a Date . 20 EXHIBIT B -I - Time Schedule (OFF -SITE) Name of Subdivision, PCD, CSR, RE, SPR: 0S/2 /6'8 9 Filing/Case #: Location: Intending to be legally bound, the undersigned .-lpplicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit A-1 shall be completed as follows: Improvements (Leave spaces blank where they do not apply) Time Schedule (OFF -SITE) jPUBLIC WORKS j Survey, Street Monuments/Boxes %0/3//24Lo / d /gJ/22J Street Grading Street Base i/..7//Z-0 ZO Street Paving /0/3//Z6Z0 Pavement Marking /6/3f/ZOZO Entrance/Access Improvements /6/,3//ZGZ.GS �//4 Road Culvert Sidewalks, Curbs, Gutters, and Culverts (OFF -SITE) NA Dust Control (per Sec. E.-7.5.2) ON 60.C/,,G Road Maint. Collateral (per Sec. E.-7.5) 7/3//,20/9 .PLANNING SERVICES,1, Sidewalks, Curbs, Gutters, and Culverts (ON -SITE) Fire Hydrants Site Grading Retention / Detention Ponds Stormwater/Drainage Facilities Erosion Control Measures/BMP's Grass Lined Swale Subsurface Drainage Ditch Improvements Parking Area, Curb Stops, Bus Kiosks, Mailboxes Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails .Health Department j Septic Systems Final Completion Date for Entire Project A ages: 10/01/2018 11:07AM R FFee:$0.00 1111 Carly Kopp '«�Clerk �and iReKo e Weld Couy, r�4O'�fl 11111 PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO BOND #2269333 ov .1k1 J KNOW ALL PERSONS BY THESE PRESENTS, that Journey Ventures LLC, a Limited Liability Company, organized under the laws of the State of Colorado, with its principal office located at Post Office Box 129; 450 E. 16th Street; Greeley, CO 80632, hereinafter called "Principal", and North American Specialty Insurance Company, hereinafter called "Surety" are held and firmly bound unto Board of County Commissioners of Weld County, Colorado, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the full and penal sum of Nine Hundred One Thousand, Two Hundred Forty -Nine and no/100ths Dollars ($901,249.00), lawful money of the United States for the payment of which well and truly made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above -bound Principal has obtained or is about to obtain from the Obligee a land use permit, namely Journey Ventures LLC Mineral Resource Development Facility, and pursuant to the requirements of said permit, has entered into an Improvements Agreement, dated September 7, 2011, with Obligee, and WHEREAS, The Improvements Agreement requires Principal to obtain a performance bond in an amount equal to the total cost of the improvements for which Principal is responsible and naming Obligee as beneficiary, and WHEREAS, the value of improvements for which Principal is responsible equals Nine Hundred One Thousand, Two Hundred Forty -Nine and no/100ths Dollars, ($901,249.00). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set forth in the Improvements Agreement, and if Principal shall satisfy all claims and demands set forth in said agreement, and shall fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of Principal's failure to perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee may incur in making good any default, then this obligation shall be null and void; PROVIDED FURTHER, that if Principal shall default in any of its obligations set forth in the Improvements Agreement, and thereafter fail to fully indemnify and save harmless Obilgee from all costs and damages which it may suffer by reason of said default, this obligation shall remain in full force and effect; PROVIDED FURTHER, that Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvements Agreement to the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew annually automatically, from the date of this bond until its release by Obligee, to guarantee that Principal shall well, truly and faithfully perform its duties, and all of the undertakings, covenants, terms, and conditions set forth in the Improvements Agreement, and any extensions thereof which may be granted by Obligee with or without notice to Surety. The parties to this Performance Bond acknowledge that through the Improvements Agreement, Obligee reserved the right to require Principal to obtain a different Performance Bond from a financial institution other than Surety in the event that the rating of Surety by AM Best falls below a B+ rating. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 20th day of July, 2018. Principal Secretary/Witness (SEAL) Address Greeley, CO 80632 Address Journey Ventures LLC Principal By: / %0Aa.34 /;d0rM Title North American Specialty Insurance By: J -L JVI ' • 1 I, -C C.ti/'t/S�" Dlc Huggins, One Hartford Plaza Address Hartford, CT 06155-0001 Address IMPORTANT: Surety company executing bond must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. Bond must be accompanied with Attorney -in Fact's authority from the surety company certified to include the date of the bond. SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POVWPR OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in. the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make Constitute and appoint: RUSSELL D. LEAR, DARLENE KRINGS,IK'ANNE,E. VOGEL, ROYAL R. LOVELL, KELLY T. URWILLER, WESLEY J. BUTORAC, STEVEN I. BLOHM, DULCE R. HUGGINS, and KRISTEN PERELRO JOIN I;LY OER,Stirvi4RALL•Y Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each ofsaid Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount Of FIFTY MILLION (550,00.0,000..00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Companyat meetings duly called and held on the 9th of May, 2012: -RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary -or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power ofAttorney and to- attach therein the seal of the Company; audit is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal cilAll be binding upon the Company regard any bond, undertaking or contract of surety to which it is attached." ding pang when so affixed and in the future with to By Steven P. Anderson, Senior VicePresidad of Washington International Insurance Company & Senior Vice President of Kurth American Specialty Insurance Company By Michael A. Ito, Senior Vice President ashmgtonIntemationtlInsurance Company & Sailor Vice President of North American Specialty Insurance Company S assaatilano r SEAL s 44 ‘,), \t„ IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 01 day of JANUARY , 2018 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 03 day of JANUARY , 201$ ; before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers .of and acknowledged said instrument to be the voluntary act and deed of their respective companies, OFFIc1ALSEAL M. KENNY Notary Public • State cif -Minds My Catamission.Eapncs 12100021 M. -Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Assistant. Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorneygiven by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies th_of ` L ; 201576 . J Jeffrey Cloldberp, Vice President & Assistant Secretary pi Washin&ton Intematimal insurance'Cooipiny & Ncr hAmerican tpecialty insuranceCompany CLERK TO THE BOARD PHONE: (970) 400-4217 FAX: (970) 336-7233 1150 O STREET P O. BOX 758 GREELEY, CO 80632 October 9. 2018 Hartford Casualty Insurance Company One Hartford Plaza Hartford. CT 06155-0001 RE: Bond No. 34BCSFX7461 By Resolution dated August 29. 2018, the Board deemed it appropriate to release the enclosed Bond No. 34BCSFX7461, in the amount of $31.800.00, and accept new collateral. Enclosed you will find the original Bond No. 34BCSFX7461. and a copy of the Resolution for your files. If you have any questions. please contact me at (970) 400-4217. or email tjuanicorena@weldgov.com. Very truly yours, Tisa Juan' rena Deputy Clerk to the Board Enclosure cc: Evan Pinkham, Department of Public Works Tom Parko, Department of Planning Services Clerk to the Board File PL2007 Journey Ventures, LLC ay PERFORM- 'E BOND FOR BOARD OF COUNTY COMM- 1S OF WELD COUNTY, COLORADO d ire ,or our heir ,erally, firml '30241 0 ey d of _L of Weld BOND #34BCSFX , that Journey Ventures , a r the laws of the Star of id at Post Office Br' 129; 450 _einafter called "Pri pal", and hereinafter called rety" are County Commissioner of Weld County, Colorado, -reinafter .e full and penal sum of Thirt .ne Thousand, /100ths Dollars ($31,800.00), ful money of the e payment of which well and •ly made, we bind administrators, successor nd assigns, jointly by these presents. WHEREAS, the abo obtain from the Oblige Mineral Resource Develo• of said permit, has ente -bound Principal h land use permit nt Facility, a into an Im with obtained or is about to amely Journey Ventures LLC pursuant to the requirements vements Agreement, dated ligee, and WHEREAS, The Improvem. is Ag, -ment requires Principal to obtain a performance bond in an amo► t e• .1 to the total cost of the improvements for which Princi s responsible and naming Obligee as beneficiary, and WHEREAS, the value of prements for which Principal is responsible equals Thirty -I - Tho and, Eight Hundred and no/100ths Dollars, ($31,800.00). NOW, THEREFORE, THE CO Principal shall well, of its undertakings, the Improvements A and demands set f save harmless Ob reason of Prin and repay Obl making good TION OF THI my and faith ovenants, terms, BLIGATION IS SUCH, that if ly perform its duties, and all d conditions as set forth in ement, and if Princ h in said agreement, ee from all costs and •al's failure to perform e all outlay and expense whi y default, then this obligation al shall satisfy all claims d shall fully indemnify and d. .ges which it may suffer by as •reed, and shall reimburse Obligee may incur in all be null and void; PROVIDED . THER, that if Principal shall default •n any of its obligat s set forth in the Improvements Agreeme and thereafter fail t• ully indemnify and save harmless Obilgee m all costs and damag- which it may suffer by reason of said defaulthis obligation shal remain in full force and effect; IDED FURTHER, that Surety, for value received hereby tipulates and ees that no change, extension of time, alteration or as tion to the erms of the Improvements Agreement to the work to be perf• med thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. iv a . WITNESS WHEREOF counterparts, each day of AO61/57- N0NCANCELLABLE, and shall renew of this bond until its release by shall well, truly and faithfully ertakings, covenants, t-rms, and s Agreement, and any - tensions with or without no e to .Lance Bond acknowledge that rough the , Obligee reserved the right require Principal .nt Performance Bond from a finial institution in the event that the rating or urety by AM Best ating. this instrument is exec -d in four (4) ��17'id of which shall be d• ed an original, this 2011. Pri cipal S=cretary/Witness (SEAL) This rney Ventures LLC artford Casualty Insurance Company By � Qfl Witness as to Sure K Ine E. Vogel, Attorney -in - Greeley, CO •0632 Address ford Plaza Hartford, Address 06155-0001 IMPO " I T: Surety company executing bond must a• -ar on the Treasury Dep ment's most current list (Circular 570 amended) and be a orized to transact business in the State of Colo •o. and must be accompanied with Attorney -in Fact's au •rity from the surety company certified to include the date of the bond P t WER OF ATTORNEY KNOW ALL PE X X X 1 Ha Hartf Hartfor Goo) G Her' �orets keVerSeVN 1GOB oktia oer 9 NS BY THESE PRESENTS THAT. d Fire Insurance Corr �Oa'< to Casualty Ir ft �yO to Y eoa re of E. Dill, .,nris Richmond, Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 34-340869, 34-342316, 34-341738, 34-343634 irganized under the laws of the State of Connecticut lily organized under the laws of the State of Indiana 'n duly organized under the laws of the State o ecticut duly organized under the laws of the St. . Connecticut sized under the laws of the State o ana .,ion duly organized under the laws of .4 est, a corporation duly organized under ale Southeast, a corporation duly organized . inecticut, (hereinafter collectively referred to as t their t...e and lawful Attorney(s)-in-Fact, delineated above by ®, and to execute, nature thereof, on behalf of the Companies executing or guaranteeing bonds and underta Witness Whereof, and as authoriz have caused these presents to be signed by its Secretary. Further, pursuant to Resolution of the and will be bound by any mechanically applied sig Scott Sadows STATE OF CONNECTICUT COUNTY OF HARTFOR On - 3`d day of March, 2008, before me personall depose and say: th . e resides in the County of Hartford, State of Con corporations des d in and which executed the above instrument; that h said instrumen - such corporate seals; that they were so affixed by autho his name the • by like authority. ne E. Vogel, Loree Vanderhye, Melanie ell Michels, Darlene Krings, Diane C of Denver, Fort Collins e in their separate capacity if I and acknowledge any and i eir business of guarant- derta • s required or permit - by a Resolution istant Vice P •ard of Di res a► ate of Illinois s of the State of Indiana the laws of the State of Florida ompanies") do hereby make, constitute and appoint, ouwers, Russell D. Lear, Brandi Tetley, entson, Kelly T. Urwiller, Jennifer Winter eeley, CO than one is named above, to sign its name as surety(ies) only as bonds, undertakings, contracts and other written instruments in the the fidelity of persons, guaranteeing the performance of contracts and n any actions or proceedings allowed by law. e Board of Directors of the Companies on January 22, 2004 the Companies 'dent and its corporate seals to be hereto affixed, duly attested by its Assistant ors of the Companies, the Companies hereby unambiguously affirm that they are d to this Power of Attorney. CJ•J 7 q jY S'• 297 ill :tti967 Q�:s's ssistant Secretary M. Ross Fisher, Assistant Vice President ss. Hartford ame M. Ross Fisher, to me known, who being by me duly sworn, did ticut; that he is the Assistant Vice President of the Companies, the ows the seals of the said corporations; that the seals affixed to the of the Boards of Directors of said corporations and that he signed CERTIFICATE I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CE copy of the Power of Attorney executed by said Companies, which is still in full force effectiv Signed and sealed at the City of Hartford. 2f • 2979 'q_4tgOt5 Scott E. Paseka Notary Public My Commission Expires October 31. 2012 FY that the above and foregoing is a true and correct of.A /8.40.1 ayyeet "s 0 3 a LPs J7 • x 1:• • ;area 'ea I; 197 ./I foieCtli - 191 Gary W. Stumper, Assistant Vice President CLERK TO THE BOARD PHONE: (970) 400-4217 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 October 9. 2018 North American Specialty Insurance Company 1450 American Lane, Suite 1000 Schaumburg. IL 60173 RE: Bond No. 2254386 Rider and Rider #2 By Resolution dated August 29. 2018. the Board deemed it appropriate to release the enclosed Bond No. 2254386 Rider and Rider #2. in the amounts of $31 800.00. and $147 497.00. and accept new collateral, Bond No. 2269333, in the amount of $901,249.00. Enclosed you will find the original Bond No. 2254386 Rider and Rider #2, and a copy of the Resolution for your files. Both the recorded Resolution and Improvements Agreement may be accessed at weldgov.com. If you have any questions. please contact me at (970) 400-4217, or email tjuanicorena@weldgov.com` Very truly ours. Tisa Juanicbrina Deputy Clerk to the Board Enclosure cc: Evan Pinkham, Department of Public Works Tom Parko. Department of Planning Services Clerk to the Board File PL2007 Journey Ventures, LLC 1 "It O � treoaaally agreed and understood by and between me Ventures LLC, the O an A rican Specialty Insurance Company, the S =ty, that instead of as originally BOND #2254386 placed Bond #34B5B 351 issued by Hartford Fis nsurance Company The Bond Limit has be increased to read: One, "Hundred Forty -Seven Thousand Four Hundred Ninety -Seven and no/ '0ths Dollars ($147,497) No further changes other th. • above. Nothing herein contained shall to vary, alter, waive or extend any of the terms, limits or condition of the Bond, except as here' •'.ve set forth. This Rider becomes effectiv- n the 7t •ay of June, 2018. Attached to and forng part of Bond 2254386 issued by North American Specialty Insurance Com •any; 1450 erican Lane, Suite 101 ' Schaumburg, IL 60173 to Board of County Commissioners of Weld nty, Colorado, on behalf of eld County, Colorado. Signed thi h day of June, 2018. North Ame an S•ecialt Insurance Company l K'Anne E. Vo: Attorney -in -Fact NORTH CAN SPECIALTY INSLJP ' oo WASHING INTERNATIONAL P eO vi 4)-# laws the State �`O ALL MEN B% wit" ett, Company, a cri,v O`_�� S Park, Ka. sp G". oft' O,4 GO' 'S GO`�� BP ILO" sane �ottd xnry e t ��R �Lv �rv+e r_•� Sys" CORPORATE SOLUTIONS to OF ATTORNEY Insurance Company, a corporation duly organized and existing under .-y of Overland Park, Kansas, and Washington International Insurance .ate of New Hampshire and having its principal office ' - the City of Overland K'ANNE E. VOGEL, ROYAL R. LOVELL, KELLY T ' WILLER, EN J. BLOHM, DULCE R. HUGGINS, and KRIST• EREIRO .a Gee .,ond on be 0,1 . or otherwise, pr make, execute, seal and deliver, for and on its behalf and as its ac f of each of said Companies, as surety, on contracts of surety 'ded that no bond or undertaking or contract or suretyship e FIFTY MILLION (550,000,000.00) DOLLA deed, bonds or other writings s are or may be required or permitted by ted under this authority shall exceed the This Power of Attorney is granted and is n : e by facsimile under and by the authority . ' - following Resolutions adopted by the Boards of Directors of both North American Specialty Ins t e Company and Washington Internatio ' urance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, : i Managing Director, any Seni. ice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each . of them hereby is : t .• - a to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of Company bonds, • . r ings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any sue •wer of Attorney : o attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such o certificate relating thereto by facsimile, and any such Power binding upon the Company when so affixed and in the future lr`\`puuKiungfij t kit gal SEAL rws 1973 arn t .4 t ,, :O s and the . f the Company may be affixed to any such Power of Attorney or to any ttorney certificate bearing such facsimile signatures or facsimile seal shall be re _ . to any bond, undertaking or contract of surety to which it is attached." By r Vice ntel %green P. Anderson, & Sniiur Vic on of NSadiinglou hrlernational Insurance Company 4meriwu Spetiaks Insurance Company 0-• vskpovweeps SEAL nett Michael A. I •r Vitt President of ' Si' International Insurance Company aaIs r.0 enlor Vice President of North an Specialty Insurance Company IN WITNESS WHEREOF, North official seals to be hereunto affixed, and th State of Illinois County of Cook On this 03 day of JA Washington Intematio Senior Vice President Company, pers. acknowledged : a ss: Specialty Insurance Compan d Washington International Insurance Company have caused their esents to be signed by their autht d officers this 03 day of JANUARY , 20 l 8 North American Specialty Insur. e Company Washington International Insura Company 1W , 20 18 , before me, a Notary Public personally appeared urance Company and Senior Vice President of North American S • ashington International Insurance Company and Senior Vice Presiden wn to me, who being by me duly sworn, acknowledged that they signed t to be the voluntary act and deed of their respective companies. teven P. , nderson , Senior Vice President of ty Insurance Company and Michael A. Ito North American Specialty Insurance • above Power of Attorney as officers of and OFFICIAL SEAL N. KENNY Notary Pubic - State al Illinois My Commission bolts 12A14/2021 . Kenny. Notary Public 1, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insur • • Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a ower of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which. is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thiIt/ ay of Z3LLJ't.L , 20 18. Ce• c Jaffrey rithioetg, Vice 1'res:dent Fc Assistant Sea-dat of Wastunittct internaornal Insurance '_oparry at Nat American Specialty lnauran:e Company O atd ire tually agreed and understood by and between •urney Ventures, LLC, the .orth • erican Specialty Insurance Company, the ety, that instead of as originally 1 #2 BOND #2254 • (Replaced Bond #34B U6351 issued by Hartford a Insurance Comp.." ) The Bond Limit has : en decreased to read: Th. -One Thousand Eight Hundred and no/100ths Dollars ($31,800). No further changes other t n above. Nothing herein contained shall . - d to vary, alter, waive or extend any of the terms, limits or condition of the Bond, except as herei •ove set forth. This Rider becomes effecti on the 2 day of July, 2018. Attached to and f • ling part of Bond 2254386 issued by North American Specialty Insurance Company; 145' • merican Lane, Suite 1i I, Schaumburg, IL 60173 to Board of County Commissioners of Wel• •unt Colorado, on behalf o + eld Count Colorado. Signed t . 20th day of July, 2018. North Am can S•ecialt Insurance Company • A K'Anne E. •gel, Attorney -in -Fact, J SWISS RE CORPORATE SOLUTIONS NO' M AMERICAN SPECIALTY INSURANCE COMPANY WAS ' GTON INTERNATIONAL INSURANCE COMPA''' GENT'<d KNOW ALL N BY THESE PRESENTS, TNT" �Oa laws of the Stat - New Hampshire, and ha,/ Q b Company, a corp • on organized and RUSSE Park, Kansas, each • hereby r- (�. RUSSE ict�rINet5 �G O ev P�' �.G�Gt�`�y� „zee, vr• O ‘40 GO��U GO e 000 lt);se‘-6 a ft a 'ate •r\V'dJ am O Director. 0 on the 9th OF ATTORNEY • Insurance Company, a corporation duly Overland Park, Kansas, and Washin • Hampshire and having its princi ROYAL R L0VELL, �CE R. HUGGINS, and . Oft SLiVLRAUN and deliver, for and on its behalf and d _ said Companies, as surety, on contracts o oar .sat no bond or undertaking or contract or sure FIFTY MILLION (S50,000,000.00) granted an a. American Specialty 1012: signed by facsimile under and by the a urance Company and Washington Int "RESOLVED, that any two of the Presiden the Secretary or any Assistant Secretary be, and eac in the given Power of Attorney to execute on behalf hereby is authorized to attest to the execution of any y Managing Director, any 'r any of them hereby is Company bonds, vii. power of Att• FURTHER RESOLVED, that the signature of such o certificate relating thereto by facsimile, and any such Power binding upon the Company when so affixed and in the future wnifo , �,.�` ov lrr �`'�4 gueookeiss cai SEAL t rl :z 1973 tat ers and tto• ed and existing under nternational Insurance ffice in the City of Overland LY T. URWILLER, STEN PEREIRO is act and deed, bonds or other writings etyship as are or may be required or permitted by p executed under this authority shall exceed the LARS ty of the following Resolutions adopted by the Boards of tional Insurance Company at meetings duly called and held or Vice President, any Vice President, any Assistant Vice President, rized to execute a Power of Attorney qualifying the attorney named dertakings and all contracts of surety, and that each or any of them and to attach therein the seal of the Company; and it is eat of the Company may be affixed to any such Power of Attorney or to any or certificate bearing such facsimile signatures or facsimile seal shall be d to any bond, undertaking or contract of surety to which it is attached." By Steven P. Anderson & Senior V - r Vice evident of N Michael A.14 • ce .. ern IN WITNESS WHEREOF, North Amen official seals to be hereunto affixed, and the State of Illinois County of Cook On this 03 day of JA Washington International Senior Vice President o Company, personally acknowledged said • ss: dent of Washington international Insurance Company American Specialty Insurance Company terna • • • ce mnpany enior Vice President d North Arne• Specialty Insurance Canpany Specialty Insurance Company . Washington International Insurance Company have caused their esents to be signed by their autho • . ' officers this 03 day of JANUARY , 2018 North American Specialty Insuran ompany Washington International Insurance mpany Y , 2018 , before me, a Notary Public personally appeared en P. Anderson , Senior Vice President of ance Company and Senior Vice President of North American Speci. urance Company and Michael A. Ito , ashington International Insurance Company and Senior Vice President of ' American Specialty Insurance to me, who being by me duly sworn, acknowledged that they signed the a e Power of Attorney as officers of and t to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary Pubic • State of Illinois My Commission Expins 12/04/2021 4 i ‘t._ ht enny, Notary Public I, Jeffrey Goldberg • the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thidp l y of V cuj Jeffrey Ooldberg Vice President &Assistant Secretary of Wadungten Intemational Insurance Company & North American Speaalty Insurance Company m D iC3 L41 rn Ll rci Q C3 C For.'delivery information, visit our website at www:usps.com® 1 I NOM 44.4 { f�2.s Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ __ ❑ Return Receipt (electronic) $ ❑ Certified Mall Restricted Delivery $ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees St To Street anA •t. No., or PCB Box c— 4State, ZIIP `� act '"r t ■ - 00 PS Form 3800, April 2015 PSN 7530 -o2 -0o0•9047 See Reverse for Instructions For delivery information, visit our webs to at www uses com® Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) ( ' Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees Street ancd---� pNNo., or PO Box N ru �fA V Er ,N ilk p D C C] t.I For•delivery• information, visit our„wet site. at wwwuspscom®. Certified Mail Fee mit ilM1VGV[ ✓ $J ..eer•rFn ou: •,k A P. Pm `v,F FC• s :. e •4� A Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ D Return Receipt (electronic) $. ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees Sspnt e trees` ;Mate ZIP+4 © , eo Ric Complete Items 1929 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: �t �� 9 J lCSVLF/ ce>.-1A51/44t, 0Do cArkosu CO ictr.43 101 11 9590 9402 1714 6053 4719 59 2. Article Number (Transfer from service label) b A. Sip ' c, B. Received by (Printed Name C.D ❑ Agent ❑ Addressee f Lpivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ® No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery certified Mail® ❑ Certified Mail Restricted Delivery O Collect on Delivery ❑ Collect on Delivery Restricted Delivery Insured Mail Insured Mail Restricted Delivery (over 5500) 7016 0750 0000 7938 4.535 D Priority Mail Express® O Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation"' D Signature Confirmation Restricted Delivery dApt. . or PO Box No. On �f W ao't?9 Rwa. b Sy B ---------------------- PS Form 38110 July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Hello