HomeMy WebLinkAbout20180335.tiff/ 5Z
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements Agreement for:
Saddle Butte Rockies Midstream, LLC — 2MUSR17-15-0012
DEPARTMENT: Public Works DATE: 1/23/2018
PERSON REQUESTING: Evan Pinkham
Brief description of the issue:
The Department of Public Works received a request from the applicant, Saddle Butte Rockies Midstream, LLC,
requesting that the Board of County Commissioners consider approving the Improvements Agreement
amendment for the oil and gas facility (2MUSR17-15-0012). This amendment adds additional requirements to
the existing Improvements Agreement. No additional collateral is required at this time.
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -
mentioned signed original document and observed the following:
All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy
Regarding Collateral For Improvements", are found to be acceptable.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements for (2MUSR17-15-0012), and that this item be placed on the next regularly
scheduled BOCC Hearing, as part of the Consent Agenda.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
Schedule,as Reptlar
BOcc.fitatingitem Other/Comments:
Ar
2018-0335
FIRST AMENDMENT TO
IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS
(Saddle Butte Rockies Midstream, LLC — 2MUSR17-15-0012)
THIS FIRST AMENDMENT TO IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS (this "First Amendment") is made and entered
into thisZEtlay of Dc , 2017 by and between Saddle Butte Rockies Midstream, LLC "Property Owner",
and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners "County".
WINESSETH:
WHEREAS, the County and Saddle Butte Rockies Midstream, LLC, a Colorado limited liability
company entered into an IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS FOR USR15-0012 dated July 20, 2015, recorded September 29,
2015, at reception number 4146004 of the Weld County, Colorado records (the "Improvements
Agreement").
WHEREAS, the parties hereto desire to amend and modify certain terms and provisions of the
Improvements Agreement to include the obligation of the Property Owner to abide by cert traffic triggers
that would require off -site improvements to County Road 30 ("CR 30") under this Improvements
Agreement amendment.
NOW THEREFORE, for and in consideration of the mutual promises and covenants herein
contained and other good and valuable consideration, the receipt and adequacy of which are hereby
confessed and acknowledged, the parties agree to amend and modify the Improvements Agreement as
follows:
1.0 Traffic Triggers_ When the Property's traffic reaches certain safety thresholds as set forth in this
agreement, the Property Owner shall design and construct certain road improvements based on the amount
of traffic being generated by the site. Property Owner's development may not currently meet the traffic
safety triggers requiring the improvements specified below. However, future off -site or phased
improvements may be warranted in the future.
Property Owner is required to design, obtain right-of-way, relocate utilities, and construct said
auxiliary lanes into their site when all traffic to/from the Property meets the following traffic triggers:
1) Property Owner shall design and construct a left deceleration/turn lane on CR 30 whenever
traffic exceeds 10 vehicles per hour (VPH) turning left into the Property for an average daily
peak hour.
2) Property Owner shall design and construct a right deceleration/turn lane on CR 30 whenever
traffic exceeds 25 VPH turning right into the Property for an average daily peak hour.
3) Property Owner shall design and construct a right acceleration lane on CR 30 whenever traffic
exceeds 50 VPH turning right out of the Property for an average daily peak hour.
4) Property Owner shall design and construct a left acceleration lane on CR 30 whenever such a
lane would be a benefit to the safety and operation of the roadway. The County, in its sole
discretion, shall determine if a left acceleration lane is required.
4378238 Pages: 1 of 3
02/27/2018 12:25 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
•ii � IA 10 614 11111
Page 1 of 3
2.0 Except as expressly amended or modified herein all terms and provisions of the Improvements
Agreement shall remain the same. In the event of any conflict between the terms and provisions of this
First Amendment and the terms and provisions of the Improvements Agreement, the terms and provisions
of this First Amendment shall control and supersede over the terms and provisions of the Improvements
Agreement.
IN WITNESS WHEREOF the parties have executed this First Amendment as of the day and year
first above written.
4378238 Pages: 2 of 3
02/27/2018 12:25 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
IIII !PAT& JIONIC6114 Bill
Page 2 of 3
PROPERTY OWNER:
Name: j{ 'cu 1.;4:..6;17—
Title:
STATE OF COLORADO
County of Weld- DENdr7L.
Date 17
ss.
tk
The foregoing instrument was acknowledged before me this O7- day of 2 e .if ft,
2011, by '"-rifai T . i/��
WITNESS my hand and official seal.
PAMELA L THOMAS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID # 20104058815
MY COMMISSION EXPIRES JANUARY 05, 2019
COUNTY:
ATTEST:
Notary Public
BOARD OF COUNTY COMMISSIONERS,
WELD COUNTY, COLORADO
We reno, Chair
eputy CleA to e Boar
4378238 Pages: 3 of 3
02/27/2018 12:25 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
11111 11111
JAN 29203
Page 3 of 3
c72,042, 5e
Hello