HomeMy WebLinkAbout20170886.tiffRESOLUTION
RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR SITE
SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0079 - RLU HOLDINGS, LLC, C/O NORTHWINDS OF WYOMING, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on March 30, 2016, the Weld County Board of Commissioners approved Site
Specific Development Plan and Use by Special Review Permit, USR15-0079, for RLU Holdings,
LLC, c/o Northwinds of Wyoming, P.O. Box 599, Douglas, WY 82633, for Mineral Resource
Development Facilities, including Oil and Gas Support (multiple office trailers, roust -a -bout,
pipeline construction, construction and excavating company; outdoor storage of equipment and
materials and more than one conex container) in the A (Agricultural) Zone District, on the following
described real estate, to -wit:
Lot A of Recorded Exemption, RE -4306; being part
of the NE1/4 of Section 30, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements Agreement According to Policy Regarding Collateral for Improvements
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and RLU Holdings, LLC, c/o Northwinds of Wyoming, with terms
and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Company Check #1549, from Northwinds
of Wyoming, P.O. Box 599, Douglas, WY 82633, in the amount of $3,600.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Company Check, as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral
for Improvements between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and RLU Holdings, LLC, c/o Northwinds of Wyoming,
be, and hereby is, approved.
BE IT FURTHER RESOLVED that Company Check #1549, from Northwinds of Wyoming,
P.O. Box 599, Douglas, WY 82633, in the amount of $3,600.00, be and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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2017-0886
PL2417
IMPROVEMENTS AGREEMENT - RLU HOLDINGS, LLC, C/O NORTHWINDS OF WYOMING
(USR15-0079)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of March, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COU,P/JTY, COLORAQO
ATTEST: da40, �C ` %
Weld County Clek to the Board
BY:
AP
arbara Kirkmeyer
ty Attorney
Date of signature: --I/(9 f (1
Julie A.Gozad, Chair
22f.cet-e-i-to`
Steve Moreno, Pro-T�n
Sean P. Conway
roTn
Freeman
2017-0886
PL2417
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For:
RLU Holdings, LLC c/o Northwinds of Wyoming, Inc. — USR15-0079
DEPARTMENT: Public Works DATE: 3/6/2017
PERSON REQUESTING: Evan Pinkham
RECEIVED
MAR 07 2017
WELD COUNTY
Brief description of the issue: comMISSIONERS
The Department of Public Works received a request from the applicant, Northwinds of Wyoming, Inc., requesting
that the Board of County Commissioners consider approving the Improvements Agreement for the pipeline
construction company vehicle storage and staging facility (USR15-0079), located west of and adjacent to CR 39,
and south of CR 42.
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.
The Department of Public Works received a request from the applicant, Northwinds of Wyoming, Inc., requesting
that the Board of County Commissioners consider accepting off -site collateral in the form of a company check
(Converse County Bank, 001549) in the amount of $3,600.00, for the above -mentioned Improvements
Agreement.
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 and the acceptance of off -site collateral for (USR15-0079), and that this item be
placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Approve Schedule as Regular
Recommendation BOCC Hearing Item Other/Comments:
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Y-
O: IBOCC PassAroundl USR/5-0079 Passaround-BOCC Hearing Request 2017.docx
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
RLU Holdings, LLC c/o Northwinds of Wyoming, Inc. — USR15-0079
THIS AGREEMENT is made this V't day ofo.fe.k., 201, by and between RLU
Holdings, LLC, hereinafter referred to as "Property Owner," Northwinds of Wyoming, Inc.,
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 USR15-0079, 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 USR15-0079, the Lessee agrees to complete the
improvements required by this Agreement, pursuant to Exhibit A (Costs), Exhibit B (Schedule), and
Exhibit C (Plat Map), located at reception number 4293296 and Exhibit D (Construction Plans),
found at reception number N/A respectively N/A which are each incorporated herein,
and
WHEREAS, the parties agree that the Lessee shall provide collateral for all off -site
improvements required by this Agreement before the Lessee submits and receives approval of an
application for a Grading Permit, Building Permit or for a Right -Of -Way Permit for construction of
accesses and work within the County and/or State of Colorado Right -Of -Way, or at a time determined
acceptable by the Board of County Commissioners.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
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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:
1.1 Construction of adequate turning radii of not less than sixty (60) feet at the main
entrances and exits which extend partially into CR 39 right-of-way (ROW);
1.2 Drainage installations;
1.3 Stop sign at the entrance onto CR 39 for vehicles leaving site, in addition to any
signage that may be needed in the future.
1.3 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;
Page 1 offik
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.
2.0 Road Improvements Responsibilities: Lessee is solely responsible for all improvements
required by this Agreement 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 Routes
1.0 Established Haul Routes from the approved facility access point extend north on CR 39 to and
including the intersection with CR 42, and south on CR 39 to and including the intersection with CR
40. For purposes of this provision, "to and including the intersection" means extending 100 feet in
all four directions from the center of the intersection.
1.1
Exiting or entering the site: haul vehicles shall enter or exit the site at the approved access
onto CR 39 for further dispersal north to CR 42or south to CR 40. 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 Established
Haul Routes, the County may approve an Alternate Haul Route for a limited period of time
(not more than thirty days). If County approves such Alternate Haul Route, haul vehicles
will utilize paved county roads whenever possible. A deviation from the Established Haul
Routes 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 Established 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 Established 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, in accordance with the methods and procedures)
provided in Section B.9.0 of this Part 1. The amount and extent of dust control and/or paving measures
will be determined by site -specific conditions at the time, as reasonably determined by County
personnel.
5.0 Off -Site Dust Control/Abatement: The Lessee is required to provide dust abatement along
Established Haul Routes approximately two to five times per year, as reasonably determined by the
County based on site -specific conditions at the time. County will determine the proportionate share
of dust control to be paid by Lessee in accordance with the methods and procedures provided in
Section B.10.0 of this Part 1. 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 and Repair Established and Future Haul Routes: Lessee will be
financially responsible to maintain and repair Established or Future Haul Routes to the extent that its
operations, in the reasonable opinion of the County, are responsible for the conditions requiring
maintenance and repair. Should Lessee's site activities or vehicle circulation patterns change in the
future so that County approves a Future Haul Route, and all or a significant portion of Lessee's
sourced traffic no longer utilizes the Established Haul Routes and instead utilizes other portions of
County roads, Lessee shall cooperate with County in maintenance and repair of said roads which are
included within the Future Haul Route. Except as indicated otherwise below, the type and method of
maintenance or repair will be determined by the County Engineer or his representative, and shall
reasonably relate to the road wear at issue.
6.1 Routine Repairs: The County Engineer or his representative shall determine the type
and method of routine repair, which shall reasonably relate to the road wear at issue.
Lessee shall commence such routine repairs within thirty (30) days of receiving written
notification from the County requiring the repairs.
6.2 Emergency Repairs: In the event that damage to a Haul Route by traffic from Lessee's
facility causes an immediate threat to public health and safety or renders the road
impassable ("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 of receipt of County's notice. Lessee
shall commence the identified repairs within forty-eight (48) hours of receipt of
County notice. If Lessee does not commence repairs within such forty-eight (48) -hour
period, County shall have the right to draw on the Road Maintenance Collateral. 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).
6.3 Major Repairs: 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, or portion thereof, will require major repairs in order to protect the public
health, safety, and welfare, and has budgeted sufficient funds for the following
calendar year to pay for its share of the major repairs, County shall notify Lessee in
writing that the major repairs shall be undertaken. Lessee shall have sole responsibility)
to complete the major repairs on or before December 15 of the year following County's
notice of need for such repairs.
6.4 Repairs made pursuant to Sections 6.1, 6.2, or 6.3 may be made either by the County,
with the Lessee paying its proportionate share, or by the Lessee upon notification and
approval by the County. The County makes the initial decision as to whether to
undertake the repairs, or to require or allow the Lessee to make the repairs. If the
County undertakes the repairs, Lessee's payment for its Proportionate Share of the road
repairs will be calculated in accordance with the methods and procedures provided in
Section B.9.0 of this Part 1. If the County requires or allows Lessee to make such
repairs, Lessee shall consult with County on the types and methods of repairs required
for the wear/damage at issue, consistent with the relevant timeframes outlined in
Sections 6.1, 6.2, and 6.3. Unless the County waives such requirement due to the
nature of the underlying repairs, the County shall require Lessee to submit Off -Site
Construction Plans and Cost Estimates for County review, consistent with the
foregoing timeframes. In cases where the County requires or allows Lessee to make
repairs, Lessee shall be solely responsible to complete such repairs. Notwithstanding
the foregoing, under no circumstances shall Lessee be responsible for more than its
Proportionate Share of such repairs.
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 roadwork
(maintenance/repair/improvement/replacement) is to be performed during that construction season.
Notification to the Lessee of the required roadwork will be given as soon as the data becomes
available.
8.0 Future Improvements to Established or Future Haul Routes: If traffic volume or conditions
require future improvements to be made to the Established or Future Haul Route(s), including
intersections, drainage installations, signage requirements, or other required offsite improvements,
the County may require Lessee to pay its 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.
The County will use the following traffic counts on the Established or future Haul Routes near the
facility as triggers for evaluating the need for the indicated improvements to County Roads 39, 42,
and 40 in the area of the facility entrance:
a. 200 vehicles per day Mag-Chloride
b. 300 vehicles per day Alternate Pavement
c. 400 vehicles per day Asphalt Pavements
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 its 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 Roadwork Responsibilities:
10.1 Lessee shall pay its Proportionate Share of the costs of all roadwork required by this
Agreement. Lessee's Proportionate Share shall be based upon the percentage of traffic on
the Established or future Haul Routes 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 as described by
Part 2 of this Agreement.
"End of Part 1"
Page 5 ofel
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Carly Koppes, Clerk and Recorder, Weld County, CO
IliiiirlitirtnillaADCVIANti'i IIII ilPOI hi Iiiii 11II1
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
RLU HOLDINGS, LLC C/O NORTHWINDS OF WYOMING, INC. - USR15-0079
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 as part of this
Agreement, when requested by County.
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 County Clerk and Recorder.
3.0 Construction: Lessee shall furnish and install, at its own expense, the improvements
2 identified on the accepted Exhibits, and be solely responsible for all associated costs. All
8 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
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by the Lessee.
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m • Mr 3.1 Said construction shall be in strict conformance to the plans and drawings accepted by
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the County and the specifications adopted by the County.
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o:O 3.2 Lessee shall employ, at its own expense, a qualified testing company previously
m°C,r-- approved by the County to perform all testing of materials or construction; and shall
aa;le furnish copies of test results to the County. If County discovers inconsistencies in the
fsm L testing results, Lessee shall employ at its expense a third party qualified testing
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N a l such testing to the County.
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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 except to the extent that such liability, loss, or damage arises
from or is attributable to the negligent, grossly negligent, or willful acts or omissions of the County
or its officers, agents, or employees. 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. 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:
Page IIof•
• The off -site improvements have been completely constructed;
• 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
11111 VW' Wino hokayi 11 II1
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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 may be 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: 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.
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Carly Koppel, Clerk and Reoorder, Weld County, CO
Page 0 of se
4.0 County Completion of Improvements / Accessing Collateral: County reserves the right to
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 acting 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 or Property Owner without the express written consent of County and
the written agreement of the party to whom the obligations under this Agreement are assigned.
Lessee's release of its obligations shall be accomplished by County's execution of a new
Improvements Agreement with a successor entity or 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
4312212 Pages: 10 of 14
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Carly Koppes, Clerk and Recorder, Weld County, CO
"Ill
Page 'Boffin
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
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 Severabilityj 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 the parties 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.
[Signatures on Following Page]
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Carly Koppel, Clerk and Recorder, Weld County, CO
Ell MIVIkMO IPA EIALIAIn10700 Il11 III
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY OWNERS: RLU HOLDINGS, LLC
By:
Name: Rea 't_. ?)rC c •.400ci
Title: Ot,3% e -c
STATE OF COLORADO
COUNTY OF WELD
)
)
)
ss.
The foregoing instrument was acknowledged before me this (SI- day of a-rO^ , 2017, by
ancito_rwand
WITNESS my hand and official seal.
ANDREA T. MOFFATT
Notary Public
State of Wyoming
County of Converse
My Commission Expires
February 02. 2019
o ary Public
LESSEE: NORTHWINDS OF WYOMING, INC.
By:
Name --gyove% L.. Ll vc e r x
Title: Vito tice,S ( v'\#
STATE OF COLORADO )
)
COUNTY OF WELD )
ss.
The foregoing instrum9nt was ackno ledged before me this )st- day of ``( SC.i\ , 2017, by
4eP 0 L. a.n r el-- 4c) OD
WITNESS my hand and official seal.
ANDREA 1. MOFFATT
Notary Public
State of Wyoming
County of Converse
My Commission Expires
February 02. 2019
Page • ofi
ATTEST: W:64214/1)v•
BOARD OF COUNTY COMMISSIONERS
Weld Cclty Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy C , rk to the Bo
ROVE AS TO FORM:
County Attorney
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Carly Koppel, Clerk and Reoorder, Weld County, Co
VIII I ��R��IV��h4�1 A'�II rFI �iCl��'�itYh��Y4�h 11111
Julie A. Cozad, Chai
MAR 292017
APPROVED AS TO SUBSTANCE:
El y: i.1 or Department Head
Page OD of
XO / 7- ofF6
EXHIBIT A - Cost Sheet
Name of Facility: /1 (,( i%-0 k to c S LL C- Filing/Case #: Location: 11101 es. It! Lc"c-oe, Ci
Personnel Contact: Name r, t_d LI i,.Dc, cJ Title: vic-e.,. rr (dr A) I. Phone:3r51- 36 i - V l 1 9
Intending to be leg fly bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements
(OFF -SITE IMPROVEMENTS)
I PUBLIC WORKS..
Road Maint. Collateral (per Sec. E.-7.5)
(Paved Road = $3600 Gravel Road = $2400)
Cost ($)
36aa°-
TOTAL COST ($)
EXHIBIT B - Time Schedule
FINAL ESTIMATED COMPLETION DATE FOR PROJECT
EXHIBIT A (Cost Sheet) & EXHIBIT B (Time Schedule) - Signature Portion
The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this
provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
By:
Li�,. t3U UC/
liigAcIA/Lu
nt/Lessee/Pro e Owner
P Prix
Printed Name
Title
By:
Applicant/Lessee/Property Owner
Printed Name
Title
Date 3 J v , 20
Date , 20
4312212 Pages: 14 of 14
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Carly Koppas, Clark and Reoorder, Wald County, CO
1111 Ira1IViklikIVAAIIIMNII afiINa 11111
Tisa Juanicorena
From:
Sent:
To:
Subject:
Kim Ogle
Thursday, June 08, 2017 11:06 AM
Tisa Juanicorena
USR MAPS - RECORDING INFO
USR15-0067 — D&C Farms LLLP c/o NGL Water Solutions DJ, LLC (Hearing date was 3/27/17) Kim REC # 4291936 DATED
4.6.2017
USR15-0079 — RLU Holdings, LLC c/o Northwinds of Wyoming (hearing date was 3/29/17) Kim REC # 4293296 DATED
4.12.2017
Kim Ogle
Planner
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.400.3549
Office: 970.353.6100 x 3540
Facsimile: 970.304.6498
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.
AThink Green - Not every email needs to be printed
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