HomeMy WebLinkAbout20173256.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements Agreement for:
Alvin Dechant c/o NBL Midstream Holdings LLC — USR16-0042
DEPARTMENT: Public Works DATE: 9/6/2017
PERSON REQUESTING: Evan Pinkham
Brief description of the issue:
The Department of Public Works received a request from the applicant, NBL Midstream Holdings LLC,
requesting that the Board of County Commissioners consider approving the Improvements Agreement for the oil
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and gas facility (USRl6-0042), located south of and adjacent to CR 30, and west of CR 49.
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. The Agreement has been signed
by Jay McDonald/Public Works Director.
During the BOCC hearing, it was determined that collateral is not required as a part of this Improvements
Agreement.
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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.
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Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's 's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding
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Collateral For Improvements for (USRl6-0042), and that this item be placed on the next regularly scheduled
BOCC Hearing, as part of the Consent Agenda.
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Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Consent Agenda
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New Business Agenda Other/Comments:
O: BOCC Puss, !round' OI7 (. R16-0042 Passaround-BOCC' Hearing Request 2O7.docx
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2017-3256
PL -014-67
Karla Ford
From:
Sent:
To:
Subject:
Barbara Kirkmeyer
Thursday, September 14, 2017 10:48 AM
Karla Ford
Re: Please Reply - Collateral Pass Around
Ok you can initial for me. Thanks
Have a great day
On Sep 14, 2017, at 10:17 AM, Karla Ford <kford@weldgov.com> wrote:
Here it is....
Karla Ford A
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(a.weldgov.com :: www.weldgov.com
Please Note: My working hours are Monday -Friday 7:30a.m.-4:00 p.m.
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
From: Barbara Kirkmeyer
Sent: Thursday, September 14, 2017 9:53 AM
To: Karla Ford <kford@weldgov.com>
Subject: Re: Please Reply - Collateral Pass Around
Could you send me the original PA
Have a great day
On Sep 13, 2017, at 3:49 PM, Karla Ford <kford@weldgov.com> wrote:
Barb —
Could you let me know if the answer below is sufficient enough for you — if ok, can I put
your initials down for approval? Please advise. Thanks!
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(@@weldgov.com :: www.weldgov.com
1
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Alvin Dechant c/o NBL Midstream Holdings g�LLC — USR16-0042
1rl
THIS AGREEMENT is made this 1 �% day of oy/ , 2017, by and between Alvin
Dechant Jr., hereinafter referred to as "Property Owner," NBL/Midstream Holdings LLC, hereinafter
called "Lessee", and the County of Weld, by and through its Board of County Commissioners,
hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the property described in the application to Use
by Special Review USR16-0042, referred to as "the Property," which has been approved by the
County, and
WHEREAS Lessee has leased the Property from the Property Owner and
WHEREAS, as a condition of approval of USR16-0042, the Lessee agrees to complete the
improvements required by this Agreement; pursuant to Exhibit A (Costs) and Exhibit B (Schedule)
which are included, and depicted in the Plat Map copies of which shall be attached to this Agreement
as they become available and made a part hereof, as Exhibits C (Plat Map), found at reception number
4337031 ,and
WHEREAS, the parties recognize that, once construction is complete, the USR16-0042
facility will have a minimal traffic impact; if either party anticipates that facility traffic will increase
for any reason to meet the traffic triggers defined herein, the Lessee shall provide collateral for all
off -site improvements required by this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
Part 1 (of 2): Site Specific Provisions
A. Required Off -Site Improvements:
1.0 Weld County Roads: The Lessee shall be responsible for the construction and maintenance of
the following off -site safety improvements, as described in the accepted Exhibit C (Plat Map):
1.1 Construction of adequate turning radii sixty (60) feet at the main entrances and exits
which extend partially into County Road 30 right-of-way (ROW);
1.2 Drainage installations;
1.3 Signage Installations;
1.4 Standard County approved tracking control, placed across the entire width of the
roadway, in order to eliminate the tracking of mud and debris onto the adjacent Public Road;
Granting of any new point of access may generate additional obligations with County for Off -
Site Improvements and the need to post additional "Road Maintenance Collateral", if applicable. A
County access permit is needed for every access to a County road.
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Carly Koppes, Clerk and Recorder, Weld County, CO
irfiih1IJLIliII II
020/7- 5 5"1-
2.0 Road Improvements Responsibilities: Lessee is solely responsible for all designated
improvements and for all expenses associated therewith.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any conditions
or considerations granted by the Board of County Commissioners, Lessee shall not be required to
complete the aforementioned offsite improvements until the occurrence of the triggering event for
each improvement, namely the application for the Grading Permit, Building Permit or Right -Of -Way
access permit or the commencement of activities on the property(s).
B. Haul/Travel Routes
1.0 Established Haul Routes from the facility approved access point:
1.1
Exiting or entering the site: haul vehicles shall enter or exit the site at the approved accesses
onto County Road 30 for further dispersal. Any County roads routinely utilized by USR
haul traffic may become part of the established haul routes.
1.2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
1.3 In unusual or rare occasions, if particular projects mandate deviation from the above -
mentioned haul route, the County may approve a deviation for a limited period of time (not
more than thirty days). If County approves such deviation, haul vehicles 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 Section B.4.0. In the event that haul route traffic, in excess
of 15% of the daily facility haul vehicle trips, utilizes alternate haul routes, the provisions
of Section 4.0 of this Section B shall be triggered.
2.0 No Deviation from Approved Haul Routes: Except under the provisions provided in Section
B.1.3, 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.
3.0 Haul Route Signage(If Applicable): Lessee shall install haul route signs, as per MUTCD
standards, 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.
4.0 Effect of Future Changes to Haul Routes: Any future changes to haul routes requiring use of
unpaved County road may require dust control or paving of such roads, as defined by an amended
agreement. In such circumstance, County will determine the proportionate share of dust control
and/or paving costs to be paid by Lessee based upon then current vehicle trip counts that identify
traffic loading due to Lessee's facility. The amount and extent of dust control and/or paving measures
will be determined by site -specific conditions at the time, as determined exclusively by County
personnel.
5.0 Off -Site Dust Control/Abatement: The Lessee is required to provide dust abatement along
affected Haul Route Roads approximately two to five times per year, as determined by the County.
County will determine the proportionate share of dust control to be paid by Lessee. The amount and
extent of dust control measures will be determined by site -specific conditions at the time, as
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 ii)r.ttrVIA{IWPf1I�h�tl�
determined exclusively by County personnel. The County reserves the right to install traffic counters
on the driveway(s) of the Lessee's facility. The County will have sole responsibility for determination
of the percentage of haul route traffic on all affected roads.
6.0 Obligation to Maintain Current and Future Haul Routes: Lessee will be financially responsible
for the excavation, repair, and patching of any damage on current or future haul route roads, which in
the sole opinion of County has been created by vehicle traffic to and from the Property. Should
Lessee's site activities or vehicle circulation patterns change in the future so that County approves an
alternate haul route, and all or a significant portion of Lessee's sourced traffic no longer utilizes the
above -described haul route and instead utilizes other portions of County roads, Lessee shall cooperate
with County in maintenance of said roads which are included within the new haul route. The type
and method of repair will be determined by the County Engineer or his representative. Repairs shall
commence within 48 hours of notification by the County for any roadway damage that exposes the
driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty
(30) days of receipt of Weld County's written notice.
6.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by
Project traffic that causes an immediate threat to public health and safety or renders the
road impassible ("Significant Damage"), County shall, after inspection, notify Lessee of
such Significant Damage. Lessee shall identify the repair required and shall consult with
County on the extent, type, timing, materials and quality of repair (i.e. temporary versus
permanent) within twenty-four (24) hours after receipt of such notice and shall commence
such repair within forty-eight (48) hours after receipt of such notice. If such repair is not
commenced within such forty-eight (48) hour period, County shall have the right to draw
on the Road Maintenance Collateral and use such funds to perform such repair. If Lessee
identifies Significant Damage prior to receiving notice thereof from County, Lessee may
commence repair of such Significant Damage and shall concurrently notify County of the
extent, type, timing, materials and quality of repair (i.e. temporary versus permanent).
6.2 Repair of Road: On or before December 31 of the calendar year in which County staff
has determined through site analysis and/or pavement testing that a particular haul route
road portion will require paving measures in order to protect the public health, safety, and
welfare, and has budgeted sufficient funds for the following calendar year to pay its share
of the Off -Site Improvement/Repair Costs, County shall notify Lessee in writing that the
Off -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt
of County's notice of the need to undertake the road maintenance repairs and/or
improvements, Lessee shall submit Off -Site Construction Plans and Cost Estimates to
County for review. Lessee shall have sole responsibility for the completion of the repairs
and/or improvements on or before December 15 of the year following County's notice of
the need for repairs.
6.3 In County's sole discretion, County may undertake the repairs and/or improvements.
Lessee's payment for its Proportionate Share of the road repairs/improvements will be
calculated as described in this Agreement.
7.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation
of Lessee 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
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Carly Koppes, Clerk and Recorder, Weld County, CO
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repair/improvement/maintenance work is to be performed during that construction season.
Notification to the Lessee of the required roadway repairs will be given as soon as the data becomes
available.
8.0 Future Improvements to Haul Routes: If traffic volume or conditions require future
improvements to be made to the haul route(s), including intersections, the County may require Lessee
to pay a proportionate share of the cost of the entire project. Future improvements will be subject to
any Federal, State or County regulations in place at the time the improvement project is initiated.
The following is a list of the American Association of State Highway & Transportation Officials,
(hereinafter `AASHTO') site -specific triggers for turn lanes:
a. 25 vph turning right into the facility during a peak hour.
b. 50 vph turning right out of the facility during a peak hour.
c. 10 vph turning left into the facility during a peak hour.
9.0 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, Lessee shall pay a proportionate cost of a complete road restoration. Notification to the
Lessee of the required roadway replacements will be given as soon as the data becomes available and
typically takes place before the end of the year prior to the start of the replacement project.
10.0 Proportionate Share of Road Maintenance Responsibilities:
10.1 Lessee shall pay its Proportionate Share of costs of dust control/abatement, paving,
repairs, maintenance, improvements, or future road replacement of any particular Haul
Route Road. Lessee's Proportionate Share shall be based upon the percentage of traffic on
the road that is attributable to Lessee's facility. County personnel will determine the
percentage based on then current Equivalent Single Axle Load (ESAL) Counts. Lessee
shall not be responsible for traffic that is not sourced from the Lessee's facility.
10.2 The County shall notify Lessee of County's preliminary determination and assessment of
Lessee's proportionate share of costs. Prior to County's final determination and
assessment, County shall provide Lessee with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and
determinations. The County shall review and consider Lessee's input prior to making a
final determination and assessment. The County shall have sole responsibility for
determination of Lessee's proportionate share of costs.
11. Road Maintenance Collateral: Lessee shall post Road Maintenance Collateral once traffic
from the facility has been increased to 21 round truck trips per day or higher, for longer than 5 days
in any given 30 day period.
"End of Part 1"
U:\Engineering\PLANNING — DEVELOPMENT REVIEW\ -2016 Planning Referrals \USR16\USR16-0042 Roan\Improvements Agreement\Noble
Midstream Holdings LLC (USR16-0042) - Part 1 Final IA (5-16-17).docx
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Carly Koppes, Clerk and Recorder, Weld County, CO
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Alvin Dechant do NBL Midstream Holdings, LLC — USR16-0042
Part 2: General Provisions
A. General Requirements:
1.0 Engineering Services: Lessee 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.
1.1
The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission of
necessary documents to the County.
1.3 Lessee shall furnish construction drawings for the road improvements on public rights -
of -way or easements and all improvements interior on the Property for approval prior
to the letting of any construction contract.
1.4 Construction Standards: All improvements shall conform to the "Standard
Specifications for Road and Bridge Construction" provided by CDOT.
2.0 Rights -of -way and Dedication of Right -of -Way: If necessary, Lessee agrees to acquire any
property interests, such as right-of-way, utility or access easements, necessary to complete any
improvements required by this Agreement. Any rights -of -way to be dedicated to the County shall
be conveyed by appropriate deed and, after acceptance by the County, recorded in the records of
the Weld Count Clerk and Recorder.
3.0 Construction: Lessee shall furnish and install, at its own expense, the improvements
identified on the accepted Construction Plans and Plat Map, be solely responsible for all associated
costs. All improvements must be completed in accordance with the schedule set forth in Exhibit
"B". The Board of County Commissioners, at its option, may grant an extension of time upon
application by the Lessee.
3.1 Said construction shall be in strict conformance to the plans and drawings accepted by
the County and the specifications adopted by the County.
3.2 Lessee shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction; and shall
furnish copies of test results to the County. If County discovers inconsistencies in the
testing results, Lessee shall employ at its expense a third party qualified testing
company approved by County. Such third party shall furnish the certified results of all
such testing to the County.
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Carly Koppes, Clerk and Recorder, Weld County, CO
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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 Lessee's expense. Any
material or work not conforming to the approved plans and specifications, including
but not limited to damages to property adjacent to the construction plan area shall be
repaired, removed or replaced to the satisfaction of the County at the expense of Lessee.
3.4 Permits. Lessee must still apply for and abide by the terms of any necessary right-of-
way permits, grading permits, and building permits. No work may occur in the
County's right-of-way without a County -issued right-of-way permit and access permit.
4.0 Release of Liability: Lessee 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, together with all reasonable expenses and attorney fees incurred by County
in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises
out of the negligence of the County or its officers, agents, employees, or otherwise except for the
liability, loss, or damage arising from the intentional torts or the gross negligence of the County
or its employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's
compensation insurance and public liability insurance coverage, and shall operate in strict
accordance with the laws and regulations of the State of Colorado governing occupational safety
and health.
4.1 Lessee shall indemnify and hold harmless the Property Owner from any and
all liability loss and damage Property Owner 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 Property Owner on account
of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by Property Owner in defending such suit, action or
claim whether the liability, loss or damage is caused by, or arises out of the
negligence of the Property Owner or its officers, agents, employees, or
otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the Property Owner or its
employees while acting within the scope of their employment. All
contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance
and public liability insurance coverage, and shall operate in strict
accordance with the laws and regulations of the State of Colorado governing
occupational safety and health.
4.2 The Property Owner consents to Lessee entering into this Agreement. The
Property Owner shall incur no obligation, liability or financial responsibility
under this Agreement.
5.0 Acceptance of Off -Site Improvements by the County: Upon written request by the Lessee,
the County shall accept the Lessee's off -site improvements, if the following conditions are met:
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Carly Koppes, Clerk and Recorder, Weld County, Co
II
• The off -site improvements have been completely constructed, and
• The Lessee's Engineer has filed a Statement of Substantial Compliance, and
• The County Engineer has inspected the improvements and agrees they are complete.
5.1 The County does not represent that the improvements will be constructed and/or
available for their intended use(s). The County does not assume liability for
improvements designed and/or constructed by others.
5.2 If approved by the County Engineer, portions of the improvements may be placed in
service, but such use shall not constitute an acceptance by the BOCC.
5.3 County may, at its option, issue building permits for construction for which the
improvements detailed herein have been started but not completed according to the
schedule shown on Exhibit "B," and may continue to issue building permits so long as
the progress of work on the USR improvements in that phase of the USR is satisfactory
to the County, and all terms of this Agreement have been faithfully kept by Lessee.
6.0 Warranty Period: Lessee agrees to warrant the improvements for two years from the date
the improvements are accepted by the County. Upon completion of the two-year warranty period
and at the request of the Lessee, the County Engineer shall inspect the improvements and direct
the Lessee to correct any deficiencies. The County Engineer shall re -inspect after all corrections
have been completed. If the County Engineer finds that the improvements are constructed
according to County standards and the accepted Construction Plans, he/she shall recommend full
acceptance. Upon receipt of the County Engineer's unqualified recommendation for acceptance,
the BOCC shall accept the improvements.
7.0 General Requirements for Collateral: County requires Lessee to provide collateral to
guaranty all of Lessee's obligations under this Agreement: (1) Project Collateral for completion of
off -site improvements described in this Agreement; (2) Warranty Collateral required for all
improvements during the warranty phase; and (3) Road Maintenance Collateral (If Applicable) to
be kept in place for the life of the permit.
7.1 Project Collateral — Lessee shall submit Project Collateral in a form accepted by Weld
County to guarantee completion of any off -site improvements. Such collateral must be
equivalent to One -Hundred Percent (100%) of the value of the improvements as shown
in this Agreement. This collateral must be submitted to County upon the execution of
this Agreement, or at a time determined acceptable by the BOCC, and shall be held in
total by County until such improvements are accepted and collateral is released by the
BOCC.
7.2 Warranty Collateral for all 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).
7.3 If required by Part 1 of this Agreement, Road Maintenance Collateral shall be
submitted to County at the time of approval of this Agreement. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
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Carly Koppes, Clerk and Recorder, Weld County, CO
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submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads.
7.4 Collateral maybe in any form permitted by Weld County Code Chapter 2, Section 3.
7.5 The Board of County Commissioners reserves the right to reject collateral as permitted
by Weld County Code Chapter 2 Section 3.
7.6 Collateral shall be released in accordance with the provisions of Weld County Code
Chapter 2 Section 3.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement: If in County's opinion, Lessee has violated any of the
terms of this Agreement, County shall so notify Lessee and shall state with specificity the facts
and circumstances which County believes constitute the violation. Lessee shall have thirty (30)
days within which to either cure the violation or demonstrate compliance. Thereafter, County may
seek any remedy described in this Agreement or otherwise provided by law.
2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the
earliest of the following events:
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur
upon Lessee's complete cessation of all activities permitted by the USR. 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. Unless informed in
writing by the Lessee of cessation of activities, and verified by the County, cessation
shall be presumed if the County determines that the USR has been inactive for three
(3) years. Lessee shall not be entitled to a release of Project or Warranty Collateral
unless and until the improvements required by this Agreement are completed.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new Lessee or Operator
who has purchased the Property or has assumed the operation of the business permitted
by the USR, and intends to make use of the rights and privileges available to it through
the then existing USR.
2.3 Revocation of USR: This Agreement shall terminate following County's revocation of
Lessee's USR, except that the Lessee shall only be released from this Agreement after
the successful completion of all improvements required under this Agreement, which
may be completed by County after accessing Lessee's collateral if Lessee fails to
complete such improvements.
3.0 Revocation of USR: Lessee acknowledges that failure to comply with the terms of this
Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole
discretion by proceeding with revocation under the then current provisions of the Weld County
Code.
4.0 County Completion of Improvements / Accessing Collateral: County reserves the right to
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Carly Koppes, Clerk and Recorder, Weld County, CO
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access any collateral provided by Lessee in order to complete the improvements required under
this Agreement, if Lessee fails to do so for any reason, after receiving notice of a violation of the
terms of this Agreement as provided herein.
5.0 Court action: Upon notice of violation and failure to cure within the time permitted by this
Agreement, County may seek relief in law or equity by filing an action in the Weld District Court,
except that no such civil action or order shall be necessary to access collateral for the purpose of
completing improvements as described above.
C. Miscellaneous Provisions.
1.0 Definitions:
1.1 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.
1.2 All references to "Haul Routes" include identified travel routes for subdivisions;
references to "haul vehicles" include subdivision vehicular traffic, as applicable.
1.3 All references to "Lessee" shall include any individual or entity, including an
"Operator", who is acts on behalf of the Lessee regarding this Agreement.
2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in
whole or in part by Lessee without the express written consent of County and the written agreement
of the party to whom the obligations under this Agreement are assigned. Lessee's release of its
obligations shall be accomplished by County's execution of a new Improvements Agreement with
the successor owner of the property. Consent to a delegation or an assignment will not be
unreasonably withheld by County. PROPERTY OWNER SHALL BE RELEASED FROM ALL
OBLIGATIONS UNDER THIS AGREEMENT UPON THE EXPRESS WRITTEN
ASSIGNMENT OF THIS AGREEMENT TO, AND ACCEPTANCE BY, A PURCHASER OF
THE PROPERTY. SUCH ASSIGNMENT SHALL NOT REQUIRE THE CONSENT OF THE
COUNTY. County's rights and obligations under this Agreement shall automatically be delegated,
transferred or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement.
All of the terms and conditions set forth in this Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of Lessee, and upon recording by the
County, shall be deemed a covenant running with the land herein described.
3.0 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.
4.0 No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
not included in this Agreement. It is the express intention of the undersigned parties that any person
or entity, other than the undersigned parties, receiving services or benefits under this Agreement
",ge9of12
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arly Koppes, Clerk and Recorder, Weld County, CO
111110'33,' MO "Ill
shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
7.0 Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Lessee agrees
that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
8.0 Severability: If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract
Professional, concerning this Agreement, the parties agree that each party shall be responsible for
the payment of attorney fees and/or legal costs incurred by or on its own behalf.
10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
11.0 Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents
and warrants that he or she is duly authorized and has legal capacity to execute and deliver this
Agreement. Each party represents and warrants to the other that the execution and delivery of the
Agreement and the performance of such party's obligations hereunder have been duly authorized
and that the Agreement is a valid and legal agreement binding on such party and enforceable in
accordance with its terms. If requested by the County, Lessee shall provide the County with proof
of Lessee'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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
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III
PROPERTY OWNERS:
PRINTED NAME
TITLE (If Applicable)
STATE OF COLORADO
County of Weld
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SS.
The fo oing instru ent was acknowled ed before me hisd3 day of
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WITNBSS RikiblicifiAnfloloWstiperAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124012487
MY COMMISSION EXPIRES MARCH 5, 2020
LESSEE:
SIGNATURE
PRINTED NAME (k /,
TITLE /f04147— - 4�7'
STATE OF COLORADO
County of Weld, v¢,y
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SS.
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The foregoing instrument was acknowledged before me this ` % day of
by c_c:V. v. vo r Decoke ) A'u'to c c e.3 - _‘. -Vatic
WITNESS my hand and official seal.
i
ALYSON OWENS
NOTARY PUBLIC - STATE OF COLORADO
My Identification # 20154017000
Expires April 29, 2019
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:arly Koppes, Clerk and Recorder, Weld County, CO
, 2017,
, 2017,
Notary Publi
11 of 12
ATTEST: diddle%)
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Weld C . • ty Clerk to the Board
BY:
Deputy C l rk to the Bo
APPROVED AS TO FORM:
r6 eVAvelaL.L.,
County Attorney
BOARD OF COUNTY COMMISSIO
WELD COUNTY, COLORADO
Julie Cozad, Chair
SE
02017
APPROVED AS TO STANCE:
El e d Offi ' or Dep tment Head
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Agreement\Noble Midstream Holdings, LLC (USR16-0042) - Part 2 Final IA (5-16-17).docx
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arly Koppes, Clerk and Recorder, Weld County, CO
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