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Home My WebLink About20173721RESOLUTION RE: GRANT APPEAL OF WELD COUNTY INDUSTRIAL PARK ASSOCIATION / PECKHAM DEVELOPMENT CORPORATION, C/O MARK GOLDSTEIN, AND APPROVE ACCESS PERMITS AP17-00493 AND AP17-00494 FOR SITE PLAN REVIEW, SPR17-0014 (LOT 5) AND SPR17-0015 (LOT 8) 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 October 18, 2017, pursuant to Sections 2-4-10 and 12-5-100 of the Weld County Code, the Board of County Commissioners considered the appeal of the decision by the Department of Public Works to deny Access Permits AP17-00493 and AP17-00494 for Site Plan Review, SPR17-0014 (Lot 5) and SPR17-0015 (Lot 8) submitted by the appellant, Weld County Industrial Park Association / Peckham Development Corporation, do Mark Goldstein, and WHEREAS, the Board heard testimony and took evidence from Public Works staff, Mark Goldstein, and his attorney James Martell, and WHEREAS, the Board deemed it advisable to continue the matter to October 30, 2017, to allow the appellant and staff to revise a new Improvements Agreement in order to provide additional safety measures, and WHEREAS, on October 30, 2017, upon consideration of such appeal, including a review of all information submitted by the appellant and the Department of Public Works, the Board deems it advisable to grant the appeal of Weld County Industrial Park Association / Peckham Development Corporation, c/o Mark Goldstein, and approve issuance of Access Permits AP17-00493 and AP17-00494 for Site Plan Review, SPR17-0014 (Lot 5) and SPR17-0015 (Lot 8). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal of Weld County Industrial Park Association / Peckham Development Corporation, c/o Mark Goldstein, be, and hereby is, granted, and Access Permits AP17-00493 and AP17-00494 for Site Plan Review, SPR17-0014 (Lot 5) and SPR17-0015 (Lot 8) are approved. cc.t PWC £RI "rJ/ £P), GaCcx•II), O.-PPI- II /Cot (7 2017-3721 EG0074 RE: GRANT APPEAL FOR ACCESS PERMITS - WELD COUNTY INDUSTRIAL PARK ASSOCIATION / PECKHAM DEVELOPMENT CORPORATION, CIO MARK GOLDSTEIN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of October, A.D., 2017. ATTEST: di: i.. tD•ak. Weld County Clerk to the Board BY: AP uty Clerk to the Board County Attorney can P. Conway Date of signature: ( I 1 a / i 7 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO C°21,4e; Julie 9, Cozad, Chair Mate~iel- Steve Moreno, Pro-Tem Freeman arbara Kirkmeye '41) C- 2017-3721 EG0074 MEMORANDUM TO: Board of County Commissioners DATE: October 30, 2017 FROM: Elizabeth Relford, Public Works SUBJECT: Appeal of Access Permit Denial for SPR 17-0014 & SPR 17-0015 While an access permit is required in accordance with Section 12-5-30I of the Weld County Code, it can also be required when there is an increased amount of traffic using an existing access. The previous access permit issued to Lot 5 was for 2 truck trips per day. The new access permit application for Lot 5 identified 60 truck trips per day, which is a 97% increase in traffic than was previously identified. Regardless, of the overall traffic counts being less than what was identified in the original traffic study, Public Works observed the existing subdivision traffic triggering the need for safety improvements to WCR 33. Therefore, to address the identified safety concern discussed at the October 18, 2017 hearing, Weld County has been working with the Appellant to develop a maintenance plan for WCR 33, which would allow the subdivision to utilize WCR 33 south out of the subdivision to WCR 42 to US 85. The difference between the attached Resolution and their IA is the level of detail for identified for maintaining WCR 33. In accordance with the attached Resolution, the following maintenance plan is recommended for WCR 33: Initial Preparation: Four (4) inches of recycled asphalt pavement (RAP) spread evenly across a minimum twenty four (24) feet wide road surface then uniformly incorporated eight (8) inches deep (reclaimed) for the entire length of WCR 33 south of Niobrara until intersecting with WCR 42. Then blade, water, and compact to a smooth 4% cross slope with a crowned surface in the center of the roadway leaving no windrow. Routine Maintenance: Blade road surface every two (2) weeks on or about Wednesday of each week, spreading all material on the road surface leaving no windrow when completed, apply dust mitigation (Durablend) every four (4) weeks immediately after blading at a rate of 0.25 gal/sqyd. Intermediate Maintenance: If it appears the routine maintenance plan isn't addressing the increased traffic to WCR 33 accordingly, Weld County may request additional maintenance in the interim to address the existing maintenance concerns. Any intermediate maintenance will be at Weld County's request based on the maintenance level of surface needed to address any additional subdivision traffic on WCR 33. Such maintenance shall include blading with compaction and may include reclaiming the road surface to the bottom of pot holes, compaction, Durablend application, water application prior to blading, and pulling of foreslopes. Roadway Audit: The County and Peckham or their representatives will be present to perform an inspection of CR 33 south from Niobrara to CR 42 to establish a record of the oPo17- 3'7a/ existing condition (baseline) of the roadway. Upon the opening of the CR 44/Niobrara Intersection to traffic, an additional roadway inspection will be performed to determine the extent and type of repairs, if any, which will be necessary to ensure the roadway is returned at an equal condition to the baseline condition. This foregoing Additional Maintenance is in addition to any maintenance required by the Improvements Agreement. This schedule and its requirements may only be modified by written agreement of the parties. The current ADT on WCR 33 south of the subdivision entrance is 283 vehicles per day with 23% of those vehicles being trucks. The following list identifies other county roads Public Works has milled RAP into the road surface: • CR6 from CR 29-21 ADT 259, 14% trucks • CR4 from CR45-47 ADT 260, 16% trucks • CR26 from CR 19-21.5 ADT 235, 22% trucks • CR28 from CR 19-21 ADT 280, 34% trucks • CR42 from CR 45-49 ADT 131, 44% trucks • CR 17 from CR 100-104 ADT 420, 20% trucks Public Works purpose of having RAP reclaimed into the subsurface is to reduce the level of maintenance which would be required if it's not included. That means Public Works would have to either add more chemical or increase the blading frequency during the winter months. Upon completion of Niobrara Blvd to WCR 44, it is my understanding the proposed maintenance responsibility for WCR 33 will shift from Peckham Development Corporation to Weld County Industrial Park Association. Public Works believes this proposed maintenance plan addresses the subdivision's safety concern in the interim and therefore, recommends approval of the Resolution. Brownstein Hyatt Farber Schreck October 26, 2017 VIA EMAIL ONLY Weld County Board of County Commissioners Attn: Esther Gesick, Clerk 1150 0 Street Greeley, CO 80632 egesicknweldgov.com Catherine A. Hildreth Attorney at Law 303.223.1263 tel 303.223.8063 fax childreth@bhfs.com Re: Appeal. of Denial. ofAccess Permit SPR 17-0014 and SPR 17-0015 Lots 5 and 8 Weld County Industrial Park Supplemental Letter ffor Hearing Continued to October 30, 2017 To the Honorable County Commissioners: This matter comes before you on appeal pursuant to Section 12-5-120 of the Weld County Code (the "Code") by Peckham Development Corporation ("Peckman") of the access permits (the "Lot 5 and Lot 8 Access Permits") from Niobrara Boulevard onto County Road 33 ("CR33") in conjunction with the updated site plan application for Lot 5 ("Lot 5") of the Weld County Industrial Park ("WCIP") and the new site plan application for Lot 8 ("Lot 8") of the WCIP. Please accept this letter on behalf of Peckman as a supplement to the record for the appeal of the denial of an access permit for SPR 17-0014 and SPR 17-0015. I. SUMMARY OF THE PROJECT Peckman is the owner of WCIP, which is real property located in Weld County, Colorado (the "County"). Peckman has submitted two site plan applications, referred to as SPR 17-0014 and SPR 17-0015, for Lot 5 and Lot 8 (the "Project"). Upon completion of the Project, both Lot 5 and Lot 8 will be used for outdoor storage of oilfield and construction equipment. IL THE APPROVED WELD COUNTY ACCESS PERMITS 2017-3721 As demonstrated on page 2 of the Memorandum to the Board of County Commissioners dated October 13, 2017 from Elizabeth Rel ford of Public Works regarding the Appeal of Access 410 Seventeenth Street, Suite 2200 Denver, CO 80202-4432 main 303.223.1100 bhfs.cc.rn Brownstein Hyatt Farber Schreck, LLP Permit Denial for SPR 17-0014 & SPR 17-0015 (the "Staff Appeal Memo"), the County has previously approved the following site plans for lots within the WCIP: • SPR 12-0010 for Lot 1 • SPR 15 -0001 for Lot 6 • SPR 14-0011 for Lot 3 • SPR 15 -0021 for Lot 3 • SPR 15 -0002 for RECX12-0056 6 • SPR16-0002 for Lot 4 • SPR16-0008 for Lot 2 • SPR16-0007 for Lot 5 Collectively, all of the above are referred to herein as the "Approved Site Plans". Pursuant to the Approved Site Plans, the following Weld County Access Permits were issued for WCIP's access on to CR33: • AP 12-00008 (for all of the property within WCIP, pursuant to MINT 12-0001) ("WCIP Access Permit") • AP 16-00267 ("Lot 5 Existing Access Permit") • AP16-00268 ("Lot 2 Access Permit") Accordingly, the WCIP subdivision has an existing access permit to CR33 and Lot 5 has an access permit pursuant to its existing approved site plan. III. THE DENIAL OF THE NEW ACCESS PERMIT While it is arguable whether or not Peckman was required to apply for a new access permit in addition to the WCIP Access Permit and the Lot 5 Existing Access Permit when applying for the Lot 5 and Lot 8 site plan approval, Peckman complied with the County staffs interpretation of the Code and submitted a request for additional access permits to CR33 within the existing access point for the new Lot 5 and Lot 8 site plan applications. The County denied the access permit request, citing an unsupported "safety issue" for the County's Public Works department and for "first responders". IV. LOSS OF ACCESS IS A GOVERNMENTAL TAKING The Colorado takings clause provides, in relevant part, "[p]rivate property shall not be taken or damaged, for public or private use, without just compensation. Colo. Const. Art. II, §15. Moreover, the Colorado Supreme Court has recognized that a landowner who abuts on a street or highway has a right to reasonable ingress and egress. Radinsky v. City and County of Denver, 159 Colo. 134, 410 P.2d 644 (1966); Minnequa Co. v, City and County of Denver, 67 Colo. 472, 186 P. 539 (1920); Pueblo v. Strait, 20 Colo. 13, 36 P. 789 (1894); City of Denver v. Bayer, 7 Colo. 113, 2 P.6 (1883). It is also recognized that the right to access is not absolute because it may be reasonably regulated under the government's police power. I-Jayutin v. Highway Dep't, 175 Colo. 83, 485 P.2d 896 (1971). However, if a regulation goes too far, it will be recognized as a taking. State Department of Highways v. Davis, 626 P.2d 661, 664 (Colo. 1981), citing U.S. Supreme Court's decision in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922). More particularly to the point, the issue whether a takings argument applies is "whether there has been. a substantial limitation or loss of access which is compensable." Dep 't of Highways v. Interstate - Denver West, 791 P.2d 1119, 1.1.21. (Colo. 1990). Here, the WCIP Access Permit granted access to CR33 to the entire WCIP subdivision, which includes Lot 5 and Lot 8. CR33 is the only currently existing access point to WCIP. By denying Lot 5 and Lot 8 access to CR33, the County is depriving Peckman of its current and exclusive access. In compliance with Radinsky, the County must provide Peckman, a landowner who abuts a public road, reasonable ingress and egress. Here, the County has outright denied the request after previously approving such access with the WCIP Access Permit, and again approving with both the Lot 5 Existing Access Permit and the Lot 2 Access Permit. The County has not demonstrated through any factually supported assertions that safety is an issue for access to CR33. Therefore, in accordance with Dept of Highways v. Interstate -Denver West, a compensable taking has occurred because the County's denial of the requested access permits is p both a substantial loss to the property owner and a complete loss of access to the property. V. THE CR44 CONSTRUCTION CONDITION IS AN IMPROPER EXACTION UNDER RIPRA The County Staff Memo states that: Public Works recommends denying the access permits for Lots 5 & 8 until either the connection of Niobrara Boulevard is constructed to WCR 44 or a new traffic study is submitted providing information which accurately reflects the subdivision traffic at WCR 33 to ensure auxiliary lane safety improvements are being addressed. Peckman has already submitted a traffic study that "accurately reflects the subdivision traffic." See Trek Letter Dated October 17, 2017, attached as Exhibit A. Therefore, the condition should be satisfied. To the extent the County still requires Peckman to make several off -site improvements to County Road 44 ("CR44") and onsite improvements to enable access to CR44 (the "CR44 Improvement Condition") in order to have any access for Lots 5 and 8, Peckman objects to this requirement as a regulatory taking. a. The Nollan/Dolan Test for Regulatory Takings is Codified in Colorado Under RIPRA Under the Regulatory Impairment of Property Rights Act ("RIPRA"), individual private property owners are not required to bear the burdens for the public good that should be more properly borne by the public at large under the guise of police power regulation for the use and P Y development of property. See C.R.S. §29-20-201 et seq. The Colorado Supreme Court states that R.IPRA's practical effect is to codify the test for regulatory takings announced by the United States Supreme Court in Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994). See Wolf Ranch, LLC. v. City of Colorado Springs, 220 P.3d 559, 563 (Colo. 2009)(citing Krupp v. Breckenridge Sanitation Dist., 19 P.3d 687, 695 (Colo. 2001). In Colorado, if a local government conditions approval of a proposed development on an exaction of property for public use, a compensable taking is presumed to have occurred. See Wolf Ranch, 220 P.3d at 563. An exaction of property can be the payment of money. Id (Wolf Ranch involved the payment of a drainage fee). This presumption can only be overcome if such local government proves that: (1) there is an "essential nexus" between the exaction/dedication and a legitimate state interest, and (2) such dedication is "roughly proportional" both in nature and extent to the impact of the proposed use or development of such property. Id. Thus, under RIPRA, a local government that requires a landowner to improve a public road at the landowner's cost must first satisfy each prong of the Nollan/Dolan test, as codified in RIPRA. See C.R.S. §29-20-203(1.); see also Wolf Ranch, 220 P.3d at 563. b. The CR44 Improvement Condition Is Improper Under RIPRA The CR44 Improvement Condition is improper because there is not a legitimate government interest, and therefore no nexus to CR44 Improvement Condition. In Nollan, the United States Supreme Court determined that the California Coastal Commission's requirement that the landowner provide the public with a lateral access easement across its property as a condition to issuance of a building permit constituted an unconstitutional taking because of the "lack of nexus between the condition and the original purpose of the building restriction..." See Nollan, 483 U.S. at 837. The Court argued that unless the permit condition served the same legitimate purpose as the greater ban on coastal development, the permit condition was not a valid land use regulation but an "out and out plan of extortion." Id. In summary, there was no nexus between the permit condition -- lateral public access along the ocean — and the legitimate government interest of regulating development to allow visual access to the ocean. Here, while the nexus between road improvements and traffic safety on said road are usually acknowledged, the County has mandated an additional access point (CR44) whenone already exists (CR33). The argument from the County has been that the additional use will cause unsafe conditions on CR33 if it remains the only access point. However, this argument is unsupported by previous County approvals and the CDOT's State Highway Access Code (as adopted by the County). Therefore, the safety concern is not a legitimate government concern. Specifically, the Approved Site Plans indicate a total of 1319 vehicle per day through the Niobrara and CR33 access point. See County Staff Memo, at p. 2. Based on the traffic study, only 554 vehicles per day currently traverse the Niobrara and CR33 access point as of today. Traffic Letter Dated October 17, 2017. Even assuming the County's assertion that the Lot 5 and Lot 8 site plan application uses will add an additional sixty (60) vehicles per day to the Niobrara and CR33 access point, the total vehicle per day would be 614, well below the already approved 1319 vehicles per day for the CR33 access point. Stated another way, the County has already acknowledged that it is safe for 1319 vehicles per day to access CR33 from the WCIP, and that threshold has not and will not be met with the anticipated additional use of Lot 5 and Lot 8. Accordingly, safety is not a legitimate governmental concern for these access permits and a denial of same is a governmental taking. VI. REMEDY FOR ENFORCEMENT UNDER RIPRA In Colorado, private property owners may exercise a remedy against enforcement of any land use regulations or conditions in violation of the statutory test set forth in RIPRA. Under C.R.S. §29-20-204, local governments bear the burden of establishing, based upon substantial evidence appearing in the record, that any required exaction (such as the requirement to improve a public road) is roughly proportionalto the impact of the proposed use of the subject property. See C.R.S. §29-20-204(2)(c). In determining whether the property owner should be granted relief from the local government's enforcement or application of the land use regulation, the court is required to consider the following: (1) whether such enforcement or application has been accomplished pursuant to a duly adopted law, regulation, policy or requirement; (2) whether such enforcement or application advances a legitimate local government interest; (3) whether any required dedication of property is roughly proportional to the impact of the proposed use of the subject property; and (4) whether there are adequate legislative standards and criteria to ensure that the requirement is rationally and consistently applied. See C.R.S. §29-20-204(2)(d). Finally, it should be noted that, under a RIPRA enforcement action, the court may in its discretion award the prevailing party its costs and reasonable attorneys' fees. See C.R.S. §29-20-204(2)(f). VII. CONCLUSION The denial of the access permits requested pursuant to SPR17-00014 and SPR17-00015 amount to a loss of access to Lot 5 and Lot 8. As fully set forth above, such loss of access, under the circumstances presented, is a compensable governmental taking. Sit ' " 1 y Catherine A. Hildreth, Esq. cc: Mark Goldstein James Martel, Esq. Frank Haug, Esq. EXHIBIT A Tel: 303-792-2450 P.O. Box 630027 EUGENE G. C0PP0LA P.E., PTOE Fax: 303-792-5990 Littleton, Co 80163-0027 October 17, 2017 Mark Goldstein Goldstein Enterprises 2850 McClelland Drive, Suite 2400 Fort Collins, CO 80525 RE: Daily Traffic on Area Streets Weld County Industrial Park Dear Mark: I am writing to document daily traffic currently using CR 33 in the area of Weld County Industrial Park (WCIP). Traffic counts were conducted at the identified locations and dates noted below. Road Date Location Daily Trips CR 33 March 2017* East (South) of U.S. 85 224 8/23/2017 South of Niobrara 218 10/12/2017 South of Niobrara 390 10/12/2017 North of Niobrara 944 * Counts conducted by Weld County. Based upon the traffic counts taken before Niobrara and after Niobrara illustrate the traffic generated by the WCIP. The traffic generated by the WCIP is approximately 554 Daily Trips or Vehicles per Day(vpd). Peak hour traffic is shown below. For definition purposes/ U.S. 85 is assumed to run in the east -west direction. Road Location AM Pk Hr PM Pk Hr CR 33 North of Niobrara 134 96 South of Niobrara 14 16 These counts are consistent with the recent peak hour manual counts conducted at the CR 33 - Niobrara intersection shown below. ," N- 1- 22 6 `I' NI LEGEND: AM/PM Peak Hour 11/13 0/0 i A II M Cu, C4 U t N Niobrara CURRENT TRAFFIC CR 33 can function at a level of service of C with a 55 MPH speed limit and a traffic volume of 1,400 vehicles per hour. Meaning/ the amount of traffic activity in the study area is minor or uninterrupted considering the available capacity of the roadway. The maximum amount of traffic to the Site from Lots 5 and 8 combined will add about 50 trips per day with an estimated 65% of these trips being large trucks. Once the rigs/equipment are moved to Lots 5 and 8 for storage the daily site traffic will drop to approximately 15 - 20 trips per day about 30% of which will be large trucks. Access to CR 44 is expected by Summer, 2018. At that time, about 50% of the traffic is expected to use CR 44. Peak hour traffic in the area of WCIP is shown below. ( LEGEND: AM/PM Peak Hour 19/19 N/N M M CL V Niobrara ;- N FUTURE PEAK HOUR TRAFFIC CDOT Access Code criteria for NR -B roadways were reviewed to determine the need for a southbound left turn lane on CR 33 at Niobrara. Per the Code: A left turn lane is required for any access with a projected peak hour left ingress turning volume greater than 10 vehicles per hour if the posted speed is greater than 40 mph. This criteria, however is subject to section 3.5 of the Access Code which reads: "The auxiliary lanes required in the category design standards may be waived when the 20th year predicted roadway volumes conflicting with the turning vehicle are below the following minimum volume thresholds. The left turn deceleration lane may be dropped if opposing traffic is predicted to be below 100 DHV (design hour volume). As indicated, the volume opposing the left turn is 10 vehicles per hour which is significantly less than the 100 vehicles per hour threshold allowing the left turn lane to be dropped. In summary, it is concluded that the southbound left turn lane on CR 33 at the Niobrara Boulevard access is not needed. This determination is based on CDOT criteria which are intended to maintain smooth traffic flow and protect the public health, safety, and welfare. I trust this letter meets your current needs. Please contact me if you have any questions or need further assistance. Sincerely, Eugene G. Coppola, P.E., PTOE MEMORANDUM TO: Board of County Commissioners DATE: October 13, 2017 FROM: Elizabeth Relford, Public Works SUBJECT: Appeal of Access Permit Denial for SPR 17-0014 & SPR 17-0015 The Weld County Department of Public Works reviewed site plan review (SPR) 17-0014 (Lot 5) and SPR 17-0015 (Lot 8) of the Weld County Industrial Park (WCIP) located in the Peckham area east of US 85 between WCR 33 and WCR 44, please refer to the attached vicinity map. Niobrara Boulevard is privately maintained and the applicant is required to get an access permit in accordance with Section 12-5-30 of the Weld County Code. A combined traffic narrative was provided for both Lots 5 & 8 and is attached for your review. As you can see from the attached traffic narrative for Lots 5 & 8, the traffic engineer who is the same person that did the original traffic study continues to identify a 50:50 trip distribution with half of the traffic utilizing WCR 33 and the other half using WCR 44. However, since Niobrara Boulevard has never been constructed to connect to WCR 44, the evaluation of the subdivision traffic is not applicable because access to the entire subdivision is solely from WCR 33. If SPR applications are going to continue to reflect a trip distribution utilizing WCR 44 then the connection of Niobrara Boulevard to WCR 44 needs to occur before adding more traffic to the intersection of WCR 33 and Niobrara Boulevard. Further, since the connection of Niobrara Boulevard's on -site improvements have never been completed, the only access available to the entire subdivision is at the WCR 33 intersection and based on the subdivision activity it appears the south bound left hand turn lane on WCR 33 is warranted now, which according to the Improvements Agreement and Weld County Code, is triggered when you have more than 10 vehicles turning into the subdivision in a peak hour. In addition, since all the subdivision traffic is required to turn right onto WCR 33 and may also be triggering an acceleration turn lane onto WCR 33. To further exacerbate a potential safety issue, should Union Pacific Railroad block the WCR 33 intersection with a train, this subdivision traffic would have no choice but to utilize WCR 33 to the south, which is a gravel road treated with magnesium chloride and is not substantial enough to handle additional truck traffic. This is not only a safety issue for Public Works, but it has the potential to be a safety issue for first responders also. According to the SPR application, the proposed use of Lot 5 & 8 is storage for oil & gas equipment. The previously approved SPR application (SPR16-0007 & 8) for Lots 5 and Lot 2 was a similar use but with only 2 trips per day. An access permit was issued for the Lot 5 as AP16-00267 and Lot 2 SPR as AP16-00268. The current SPR requests for Lots 5 and 8 was submitted collectively with an increase in traffic from 2 trips per day to 30 truck trips per shift, which is 60 trips per day. Since the traffic narrative doesn't reflect current traffic operations addressing the safety concern of increasing additional traffic to the sole location of the intersection of WCR 33 and Niobrara Boulevard, Public Works recommends denying the access permits for Lots 5 & 8 until either the connection of Niobrara Boulevard is constructed to WCR 44 or a new traffic study is submitted providing information (such as traffic counts on Niobrara Blvd) which accurately reflects the subdivision traffic at WCR 33 to ensure auxiliary lane safety improvements are being addressed. 26/7- 5702-/ • 4' _ t AD: 289 Truck °/0: 14 5/25/2010 • LOT 1 SPR12-0010 PECKHAM GRADER SHED LOT 2 SPR16-0008 MINF12-0001 LOT 3 SPR15-0021 LOT 4 SPR16-0002 LOT6 SPR15-0001 12~000 Q8 kitAP pytlf 12-0001 ADT: 1246 Truck %: 44 2/10/2017 Lot # Planning Case # Total VPD Lot 1 SPR12-OO1O 260 Lot 6 5 P R 15-0001 160 Lot 3 S PR 14-0011 Lot 3 5 PR 15-OQ21 420 RECX12-0056 CX 12-0056 S P R 15-0002 390 Lot 4 S P R 16-0002 87 Lot 2 5 PR 16-0008 2 Lot 5 5 P R 16-0007 Lot 5 R 17-00014 SPR17-00014 Lot 8 SPR17-00015 60 Lot 7 Undeveloped Lot 9 Undeveloped Totals 1379 Access Perm Tel: 303-792-2450 P.O. Box 630027 EUGENE G. COPPOLA P.E., PTOE Fax: 303-792-5990 Littleton, CO 80163-0027 July 19, 2017 Mark Goldstein Goldstein Enterprises 2850 McClelland Drive, Suite 2400 Fort Collins, CO 80525 RE: Lots 5 and 8 Traffic Narrative Weld County Industrial Park Mark: I am writing to document my analysis of traffic generated by the current development proposal for Lots 5 and 8 in Weld County Industrial Park. Details are provided in the following paragraphs. Both lots will be used for outdoor storage of oilfield and construction equipment. Some light maintenance is also anticipated on -site. Typically, there will be 4 - 10 employees on -site each day with about 6 employees on -site between 7:00 AM and 6:00 PM. Employee and office trips are expected to average about 12 round trips per day. Truck trips are expected to be in the range of 30 per shift. About 20 of these will be pickups, 8 will be delivery type vehicles or pickups with trailers, and two will be semi - trucks. Site traffic is expected to access the industrial park using CR 33 in the near term. Once the CR 44 access becomes available, about 50% of the site traffic is expected to divert to CR44 resulting in about equal distribution between CR 33 and CR 44. All site traffic is expected to arrive and depart the site using U.S. 85 with 50:50 distributions to and from the north and south until the CR 44 and Niobrara access is available. At that time 15 - 20% of site traffic will come from the east. Based on the anticipated site trips and vehicle types, the proposed use is consistent with industrial park activities. These activities and associated site traffic are consistent with the Weld County Industrial Park Traffic impact study which was previously approved by Weld County. That study determined that the above site traffic can be accommodated by the available street system. I trust this traffic narrative will meet your current needs. Please contact me if I can be of further assistance. Sincerely, Eugene G. Coppola, P.E., PTOE Esther Gesick From: Sent: To: Cc: Subject: Mark, Elizabeth Relford Monday, October 9, 2017 5:10 PM Mark Goldstein; Evan Pinkham; Frank Haug; Andy Reese; Don Dunker; James A. Martell; Cinde Wright; Jay McDonald; Curtis Hall; Tom Parko Jr.; Bob Choate; Jeff Donaldson; Barb Reed; Tiffane Johnson; Michelle Martin Cinde Wright; Michelle Martin; Stephen Goldstein; Tisa Juanicorena; Esther Gesick; Larry Clark; Kathy Herder; Stephen Goldstein RE: SPRS- Lots 5&8 WCIP- Public Works referral to planning department site plan review Your interior subdivision road (Niobrara Blvd) has only one access for the entire subdivision. Every lot must use CR 33 for access, which is a safety issue. It does not make sense for Public Works to continue to exacerbate an existing safety issue by allowing more uses to generate additional traffic at a single access point. Again, you are welcome to appeal my decision to the Commissioners. They have the ultimate authority to grant you an access permit. Elizabeth Relford Deputy Director Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: erelford@co.weld.co.us Office: (970) 400- 3748 Mobile: (970) 673-5836 Web: hap://www.co.weld.co.us 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: Mark Goldstein [mailto:mark@geiresources.com] Sent: Monday, October 9, 2017 3:48 PM To: Elizabeth Relford <erelford@weldgov.com>; Evan Pinkham <epinkham@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Andy Reese <andy@northernengineering.com>; Don Dunker <ddunker@weldgov.com>; James A. Martell<jamartell@martelllawoffice.com>; Cinde Wright <cwright@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Curtis Hall <chall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Jeff Donaldson <jeffdonaldson42@aol.com>; Barb Reed <breed@martelllawoffice.com>; Tiffane Johnson <tvjohnson@weldgov.com>; Michelle Martin <mmartin@weldgov.com> Cc: Cinde Wright <cwright@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; Stephen Goldstein <stephen@geiresources.com>; Tisa Juanicorena <tjuanicorena@weldgov.com>; Esther Gesick <egesick@weldgov.com>; 1 Larry Clark <larry@geiresources.com>; Kathy Herder <kathy@geiresources.com>; Stephen Goldstein <stephen@geiresources.com> Subject: RE: SPRS- Lots 5&8 WCIP- Public Works referral to planning department site plan review Elizabeth, Can you please explain what you mean in the yellow highlighted language below " You are already meeting the capacity thresholds". If you can please explain what you mean by this and provide the supporting documentation that would be helpful. Thanks, Mark From: Elizabeth Relford [mailto:erelford@weldgov.com] Sent: Monday, October 09, 2017 9:54 AM To: Mark Goldstein <mark@geiresources.com>; Evan Pinkham <epinkham@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Andy Reese <andy@northernengineering.com>; Don Dunker <ddunker@weldgov.com>; James A. Martell<jamartell@martelllawoffice.com>; Cinde Wright <cwright@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Curtis Hall <chall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Jeff Donaldson <jeffdonaldson42@aol.com>; Barb Reed <breed@martelllawoffice.com>; Tiffane Johnson <tvjohnson@weldgov.com>; Michelle Martin <mmartin@weldgov.com> Cc: Cinde Wright <cwright@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; Stephen Goldstein <stephen@geiresources.com>; Tisa Juanicorena <tjuanicorena@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Larry Clark <larry@geiresources.com>; Kathy Herder <kathy@geiresources.com>; Stephen Goldstein <stephen@geiresources.com> Subject: RE: SPRS- Lots 5&8 WCIP- Public Works referral to planning department site plan review Mark, After reviewing your request, I do not see any benefit with phasing your improvements. You can do work on Niobrara Blvd up to our WCR 44 ROW limits on your own. If you do consider doing any work, the county would need a type 3 barricade at the WCR 44 ROW limits. This is a traffic safety issue for the entire subdivision regardless of how little traffic you will be adding to it with SPR lots for 5 & 8. You are already meeting the capacity thresholds. Therefore, please consider this Public Works official denial of your access permit. In accordance with the Weld County Code, you can appeal this decision to the Board of County Commissioners. It sounds like you want to construct your new facilities over the winter, which can also exacerbate traffic issues on county roads, however, I can offer another alternative, which may help get you through the winter months. If you agree to pave 6" of asphalt over 9" of Aggregate Base Course (ABC), class 6, on WCR 33 down to WCR 42 and WCR 42 to the existing traffic signal, I believe this would sustain the county road system until you are able to complete the needed safety improvements at the intersection of WCR 44 and Niobrara Blvd. In addition, please be aware that if you do not complete the required intersection improvements by the end of August 2018, you will be affecting another county project for replacing bridge 44/33A. I want to make you aware well in advance because we will be bidding this soon for construction next fall. If you have any additional questions, please do not hesitate to contact me. Sincerely, Elizabeth Elizabeth Relford 2 Deputy Director Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: erelford@co.weld.co.us Office: (970) 400- 3748 Mobile: (970) 673-5836 Web: http://www.co.weld.co.us 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: Mark Goldstein [mailto:mark@geiresources.com] Sent: Friday, October 6, 2017 11:59 AM To: Elizabeth Relford <erelford@weldgov.com>; Evan Pinkham <epinkham@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Andy Reese <andy@northernengineering.com>; Don Dunker <ddunker@weldgov.com>; James A. Martell<.amartell@martelllawoffice.com>; Cinde Wright <cwright@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Curtis Hall <chall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Jeff Donaldson <jeffdonaldson42@aol.com>; Barb Reed <breed@martelllawoffice.com>; Tiffane Johnson <tveohnson@weldgov.com>; Michelle Martin <mmartin@weldgov.com> Cc: Cinde Wright <cwright@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; Stephen Goldstein <stephen@geiresources.com>; Tisa Juanicorena <tjuanicorena@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Larry Clark <larry@geiresources.com>; Kathy Herder <kathy@geiresources.com>; Stephen Goldstein <stephen@geiresources.com> Subject: RE: SPRS- Lots 5&8 WCIP- Public Works referral to planning department site plan review Elizabeth, Thank you for the email. If you would be willing to take this under consideration in the near term it would be greatly appreciated. We have a couple timing sensitivities as outlined below: A. Peckham is holding a slot on the contractor's schedule and needs to let him know soon to avoid missing the opportunity. With the high construction activity in the area its difficult to hold contractor slots for very long and the weather this time of year can create delays. B. The tenant moving into the Lot 5 and 8 sites has an extreme timing sensitivity. They are a large international public company who needs to move asap. They are coming to Weld County from another municipality only if the SPRS move forward timely, and will be a nice addition to the County and will bring jobs and growth over time. The key issue is timing in that this company needs to move soon. We are under time pressure to get the SPRS finalized and the improvements made to the sites. Thank you for considering ways to assist us. Have a great day. Best Regards, Mark 3 From: Elizabeth Relford [mailto:erelford@weldgov.com] Sent: Friday, October 06, 2017 11:34 AM To: Mark Goldstein <mark@geiresources.com>; Evan Pinkham <epinkham@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Andy Reese <andy@northernengineering.com>; Don Dunker <ddunker@weldgov.com>; James A. Martell <jamartell@martelllawoffice.com>; Cinde Wright <cwright@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Curtis Hall <chall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Jeff Donaldson <jeffdonaldson42@aol.com>; Barb Reed <breed@martelllawoffice.com>; Tiffane Johnson <tvjohnson@weldgov.com>; Michelle Martin <mmartin@weldgov.com> Cc: Cinde Wright <cwright@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; Stephen Goldstein <stephen@geiresources.com>; Tisa Juanicorena <tivanicorena@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Larry Clark <larry@geiresources.com>; Kathy Herder <kathy@geiresources.com>; Stephen Goldstein <stephen@geiresources.com> Subject: RE: SPRS- Lots 5&8 WCIP- Public Works referral to planning department site plan review Mark, I will review and get back to you next week. Elizabeth Relford Deputy Director Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: erelford@co.weld.co.us Office: (970) 400- 3748 Mobile: (9 70) 673-5836 Web: http://www.co.weld.co.us 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: Mark Goldstein [mailto:mark@geiresources.com] Sent: Friday, October 6, 2017 9:47 AM To: Evan Pinkham <epinkham@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Andy Reese <andy@northernengineering.com>; Don Dunker <ddunker@weldgov.com>; James A. Martell <jamartell@martelllawoffice.com>; Cinde Wright <cwright@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Curtis Hall <chall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Jeff Donaldson <ieffdonaldson42@aol.com>; Barb Reed <breed@martelllawoffice.com>; Tiffane Johnson <tvjohnson@weldgov.com>; Michelle Martin <mmartin@weldgov.com> Cc: Cinde Wright <cwright@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; Stephen Goldstein <stephen@geiresources.com>; Tisa Juanicorena <tjuanicorena@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Larry Clark <larry@geiresources.com>; Kathy Herder <kathy@geiresources.com>; Stephen Goldstein 4 <stephen@geiresources.com> Subject: RE: SPRS- Lots 5&8 WCIP- Public Works referral to planning department site plan review Elizabeth, I am writing in regard to the referral comments P/W made on the Lot 5 of the Weld County Industrial Park site plan review. In the referral comments PW is making a condition of an access permit subject to completing the CR 44 improvements first. Peckham is planning to complete the CR 44 improvements asap but no later than August 2018. It has secured the necessary ROW from all applicable property owners, posted the Letters of Credit, etc. Peckham's counsel and Frank Haug are also in the process of finalizing the amended IA for the 44 improvements now. The issue at hand as the County is aware, is that the county approved plans require the relocation of Xcel power lines to accommodate the new 44 improvements.. Due to a backlog of construction projects and the diversion of crews to Florida for hurricane relief, Xcel cannot complete all the utility relocates until 1St quarter of next year. ( documentation from Xcel was sent to the County previously and attached again) As a result, Peckham cannot do the 44 improvements until next Spring/Summer 2018. One option to consider is to build out the extension of Niobrara to 44 and the improvements on 44 in 2 phases. The 1St phase would be to build out the extension of Niobrara to CR 44 and open access this Fall. The 2nd phase would be to complete the paving of the Niobrara access and complete the 44 improvements and paving in Spring/Summer 2018, after the Xcel utilities are relocated and the weather is conducive for paving. Peckham's contractor can complete the following in the near term: In order to extend Niobrara Blvd. to the existing R.O.W of WCR 44 the following would take place; 1) Perform all Earthwork from existing Niobrara Blvd., 100' South of Ditch Crossing to approximately 122' North of Ditch Crossing. 2) Place 15" RCP Culvert at Grader Shed Access. 3) Construct Gravel access to Grader Shed. 4) Install Cattle Guards South of Ditch Crossing. 5) Place all Class 6 Road Base material to +1- 0.1 (One -Tenth) of proposed Finish Grade elevations from Niobrara Blvd., 100' South of Ditch Crossing to approximately 122' North of Ditch Crossing. 6) Place Temporary concrete barriers and reflective delineators over Ditch Crossing for safety purposes through the winter season. ( FYI- The permanent guardrails over the Western Mutual Ditch box culvert cannot be installed until all asphalt is installed over the box culvert. The concrete barriers and reflective delineators would be temporary until the 2nd phase of the construction is completed in 2018) The Niobara paving would occur in 2O18 when the 44 improvements are completed. The bottom lift might be able to be done this Fall but the final top lift will not, due to weather inhibiting meeting the County paving requirements. The contractor thinks weather will preclude completing the Niobrara paving this Fall but we can play it by ear. Even if the Niobrara paving portion is not completed this Fall, the extension as proposed will be similar to the existing Niobrara / CR 33 current access ( ie. Dirt road with cattle guards) Since completing the CR 44 improvements this Fall is not possible due to the Xcel delays, would you consider a 2 phase construction schedule as outlined above? If so, would PW then be willing to remove the access permit condition of the Lot 5 and 8 SPRs if the 1st phase is completed this Fall? Thank you for considering the request. If you are not willing to approve this, are there other solutions you would approve to allow access permits to be issued for the Lot 5 and 8 SPRS prior to the 44 improvements being built? The traffic narratives for the Lot 5 and 8 SPRS show very minimal traffic due to the primary use being storage. Thank you for your time and consideration. 5 Best Regards, Mark From: Mark Goldstein Sent: Monday, October 02, 2017 7:06 PM To: 'Evan Pinkham' <epinkham@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Andy Reese <andy@northernengineering.com>; Don Dunker <ddunker@weldgov.com>; James A. Martell <jamartell@martelllawoffice.com>; Phill Osler <pvosler@gmail.com>; Cinde Wright <cwright@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Curtis Hall <chall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Jeff Donaldson <jeffdonaldson42@aol.com>; Barb Reed <breed@martelllawoffice.com>; Tiffane Johnson <tvjohnson@weldgov.com>; Michelle Martin <m m a rti n @we ldgov.co m> Cc: Cinde Wright <cwright@weldgov.com>; Phill Osler <pvosler@gmail.com>; Michelle Martin <mmartin@weldgov.com>; Stephen Goldstein <stephen@geiresources.com>; Tisa Juanicorena <tjuanicorena@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Larry Clark <larry@geiresources.com>; Kathy Herder <kathy@geiresources.com>; Stephen Goldstein <stephen@geiresources.com> Subject: RE: WCIP- Letters of Credit - Submittal of New Letters of Credit attached - Petrocco ROW Elizabeth, I have attached the mutually executed Agreement for Peckham's purchase of the ROW from the Petrocco property West of the Peckham grader shed property. Peckham now has all the ROW needed from the property owners to the East and West of the grader shed to build the approved plans. I have previously sent the mutually executed contract for the ROW purchase from Cervantes to the County. Peckham has already sent the deed of dedication for the Peckham ROW to the County as well. Thanks, Mark From: Evan Pinkham [mailto:epinkham@weldgov.com] Sent: Monday, October 02, 2017 4:07 PM To: Mark Goldstein <mark@geiresources.com>; Frank Haug <fhaug@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Andy Reese <andy@northernengineering.com>; Don Dunker <ddunker@weldgov.com>; James A. Martell <jamartell@martelllawoffice.com>; Phill Osler <pvosler@gmail.com>; Cinde Wright <cwright@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Curtis Hall <chall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Jeff Donaldson <jeffdonaldson42@aol.com>; Barb Reed <breed@martelllawoffice.com>; Tiffane Johnson <tvjohnson@weldgov.com>; Michelle Martin <mma rtin @weldgov.com> Cc: Cinde Wright <cwright@weldgov.com>; Phill Osler <pvosler@gmail.com>; Michelle Martin <mmartin@weldgov.com>; Stephen Goldstein <stephen@geiresources.com>; Tisa Juanicorena <tjuanicorena@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Larry Clark <larry@geiresources.com>; Kathy Herder <kathy@geiresources.com>; Stephen Goldstein <stephen@geiresources.com> Subject: RE: WCIP- Letters of Credit - Submittal of New Letters of Credit attached Mark, 6 t I • Fie• y•�640 ♦ • .t.'• r- R1w•!.' tl.r w s�. Vcwr ��Rc��7.7 .1 y ',.;aa- r'..ry * . •� so _• - -..t_ *,M-•-,- ..* r - b a i .' ; a dirifir l•r .} +1 id{ .. +. •- i_ • • �i '+ I . •+• - - Yy'�. . r iii ' .: . b * , IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Big Thompson Investment Holdings, LLC "Hickman Minor Subdivision" — MINF12-0001 Part 1: Site Specific Provisions THIS AGREEMENT is made this c)Li day of F�2014, by and between Big Thompson Investment Holdings, LLC, a Colorado limited liabili ompany, whose address is C/O Mark Goldstein, Manager, P.O. Box 273180, Fort Collins, CO 80527, hereinafter referred to as the "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, whose address is 1150 "O" Street, Greeley, Colorado 80631, hereinafter referred to as the "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described real property in the County of Weld, Colorado: Lot B of Recorded Exemption, RE -4914; located in part of the NW4 of Section 23, Township 4 North, Range 66 West, Part of Section 35 and Section 36, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as the "Property," and WHEREAS, County has approved land use permits for a nine (9) lot Minor Subdivision and continuing Oil and Gas Production Use on approximately 94 acres of the Property ("MINF 12-0001"), and WHEREAS, the Property Owner acknowledges that the issuance of MINF12-0001 is conditional upon Property Owner's performance of the on -site and off -site improvements, which arc described in this Agreement and depicted in the Plat Map and the set of accepted Construction Plans provided by Property Owner, copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibits "C" ("Plat Map") and "D" ("Construction Plans"), respectively, and WHEREAS, the Property Owner acknowledges that it may not engage in any activity described in M1NF12-0001 and/or any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein or to commence the use of the Property as approved in MINF12-0001 within three (3) years of the approval of the permit issued under MINF 12-0001, may result in the revocation of MINF 12- 0001, upon consideration and order of the Board of County Commissioners, and WHEREAS, the Property Owner agrees that the failure to record the Plat Map within the time limits imposed by the Board of County Commissioners, may result in the revocation of MINF12-0001, upon consideration and order of the Board of County Commissioners, and I of 22 d WHEREAS, the parties agree that the Property Owner shall provide collateral for all on - site and off -site improvements required by this Agreement when the Property Owner 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, when site related activities permitted under MINF12-0001 commence, or at a time determined acceptable by the Board of County Commissioners, and WHEREAS, on , 2014, the parties entered into the "Interim Road Maintenance Agreement anti Collateral Agreement, Weld County Case MINF12-0001" (hereinafter "Interim Maintenance Agreement") regarding the interim maintenance obligations for CR 33, and WHEREAS, the parties have entered into an "Agreement for the Exchange of Certain Real PropertBe ween Big Thompson Investment Holdings, LLC and Weld County, Colorado" dated \`,\ , 2014, (hereinafter "Property Exchange Agreement") and WHEREAS, pursuant to the terms of the Property Exchange Agreement and the Interim Maintenance Agreement, the Interim Maintenance Agreement shall remain in effect and the traffic triggers of offsite road improvements under this Agreement will be postponed until the title to "Property 2" under the Property Exchange Agreement has been transferred to the Property Owner or the Property Exchange Agreement is terminated for any reason, and WHEREAS, at a future date, Big Thompson Investment Holdings, LLC, intends to assign this Agreement in its entirety to the Peckham Development Corporation, a Colorado corporation, whose address is C/O Mark Goldstein, President, P.O. Box 273180, Fort Collins, Colorado 80527, and County consents at this time to such an Assignment pursuant to the terms of Part 2 of this Agreement, and WHEREAS, all references to "Property Owner" in this Agreement shall apply solely to Peckham Development Corporation when Peckham Development Corporation obtains legal title to the Property that is the subject matter of this Improvements Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree that the above Recitals are a material and substantive part of this Improvements Agreement and further agree as follows: A. Required Off -Site Haul Route Road Improvements: 1.0 Weld County Roads 33 & 44: The Property Owner shall be responsible for the construction of certain on -site and off -site safety improvements, which shall include: construction of adequate turning radii of sixty (60) feet at the main entrances and exits which extend partially into Weld County Roads 33 & 44's rights -of -way ("CR's 33 & 44"), drainage and signage installations, as indicated on the accepted Construction Plans. All such improvements will be in accordance with the transportation sections of the Weld County Code, and the rules and regulations adopted pursuant thereto. The granting of any new point of access to the Property may generate additional obligations with the County for Off -Site Improvements and the need to post additional "Road Maintenance Collateral." A County access permit is 2of22 d needed for every access point to a County road from the Property. State access permits might also be required and should be coordinated by the Property Owner with the Colorado Department of Transportation ("CDOT"). 2.0 Off -Site Haul Route Road Improvement Responsibilities: The Property Owner is solely responsible for all designated improvements, as specified above in Section A.1.0, on CR's 33 & 44 and for any construction improvements mandated by the County, and for all expenses associated therewith. These responsibilities include, but are not limited to, the following: design, surveys, utility locates, present and future right-of-way clearances and permits; coordination with oil and gas operators and facilities and affected irrigation facilities; traffic control; and project safety during construction. The Property Owner shall obey all applicable regulations related to the Property and issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), the Colorado Department of Public Health and Environment (hereinafter "CDPHE"), and other Federal, State or County regulatory agencies. 3.0 Off -Site Haul Route Road Engineering Design and Construction Plans: For off - site haul route road improvements as set -forth in Section A.1.0-2.0 above, all engineering designs and construction plans must be provided by the Property Owner. These plans, when reviewed and accepted by the Weld County Engineer, shall be a part of the Construction Plans, which are a part of this Agreement. All plans showing work within the County shall be reviewed and accepted by the County, prior to the start of construction. For all construction in the County right-of-way, prior to the 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 by the Property Owner for review and acceptance by the County. 4.0 Off -Site Haul Route Road Construction Standards: All construction and materials controls for a road project and any designated road improvements by the Property Owner shall conform to the road requirements in effect as the time of the completion of the road improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 5.0 Off -Site Haul Route Road Traffic Control: Prior to any construction in the County right-of-way and as a condition of issuance of any access permit or right-of-way permit, the Property Owner shall submit a traffic control plan for the County's review and approval. During construction, appropriate safety signage shall be posted in accordance with the then current version of the Manual of Uniform Traffic Control Devices (hereinafter referred to as "MUTCD"). 6.0 Off -Site Haul Route Road Dust Control/Abatement and/or Paving: The Property Owner is required to provide dust abatement along affected haul route roads approximately two to five times per year, as determined by the County. The County will determine the proportionate share of dust control and/or paving costs to be paid by the Property Owner based upon then current Equivalent Single Axle Load ("ESAL") Counts that identify traffic loading due to Property -sourced traffic. The amount and extent of dust control will be determined by site - specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine the percentage of Property -sourced haul route road traffic, the County reserves the right to install traffic counters on the driveways) of the Property. The percentage of haul route road traffic utilizing the County's roads in the vicinity of the site attributable to Property -sourced traffic activities will be determined by traffic counts conducted by the County 3 of 22 on the primary and requested alternate or revised haul route roads. The County will have sole responsibility for determination of the percentage of haul route road traffic on all affected roads. Due to the undetermined timeframe for the increased haul route road traffic volumes, the following is a list of triggers for the road improvements for the upgrading, widening, and paving of WCR 33 from the facility to U.S. Highway 85: a. 200 vehicles per day: Mag-Chloride applications b. 400 vehicles per day: Pavement 7.0 Future Haul Route Road Improvements: If Property -generated tracking of mud and debris occurs on CR's 33 and/or 44, the main entrance improvements to the Property will include a double cattle guard set (one right after the other), placed back to back across the entire width of the entrance lane of the Property onto CR 33, and three -hundred (300) feet of asphalt pavement at the exit lane from the Property onto CR 44, to ensure a complete revolution of the haul road route vehicle tires to minimize the tracking of mud and debris onto CR's 33 & 44, to ensure a complete revolution of the haul route road vehicle tires in order minimize the tracking of mud and debris onto the adjacent County road. Future improvements to the haul route road(s) may be required by the County. Property Owner shall address all County and/or Colorado Department of Transportation (CDOT) access issues associated with afore -mentioned haul route road. Future County mandated measures may include improvements to any haul route road intersection or roadways then utilized by vehicle traffic from the Property. The Property Owner shall pay a proportionate share of the cost of the entire road improvement project, including engineering designs and construction plans based on the Property Owner's share of ESAL Counts using then current data on the haul route roads in the implementation of the above - mentioned road improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. In order to accurately determine the percentage of haul route road traffic to and from the Property, the County reserves the right to install traffic counters on the driveway(s) of the Property. Future road improvements will be subject to any Federal, State or County regulations in place at the time the road improvement project is initiated. Paved Roadway Improvements may be triggered due to heavy haul route road traffic associated with the Property including turn lanes. The following is a list of the American Association of State Highway & Transportation Officials, (hereinafter the "AASHTO") triggers for turn lanes: a. 25vph turning right into a facility during a peak hour. b. 10vph turning left into a facility during a peak hour. c. 50 vph turning right out of a facility during a peak hour. 8.0 Timing of Off -Site Haul Route Road Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, the Property Owner shall not be required to complete the aforementioned offsite road improvements as described in Section A.1.0-2.0 until the occurrence of the triggering event for each improvement, namely the application for the grading permit, building permit, right-of-way or access permit or the commencement of activities on the Property. At that time, the Property Owner agrees that the required collateral will be posted and all on -site and off -site road improvements shall commence and shall be completed within the parameters established in Sections A.3.0 and E.7.2, and Exhibit "B", herein. 9.0 Acceptance of Off -Site Haul Route Road Improvements: Upon completion of the off -site road improvements, the Property Owner shall contact a representative of the Weld 4 of 22 County Department of Public Works and request an inspection of the off site road improvements described in Section A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth in Sections E.6.1-6.3 below. 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said road improvement(s) according to the accepted construction plans. By accepting any road 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. B. Off -Site Haul Route Roads: 1.0 Established Off -Site Haul Route Roads: 1.1 Exiting or entering the Property: Haul vehicles shall enter or exit the Property at the approved access points onto CR's 33 & 44. Haul vehicles will travel on CR 33 north to US -85 for further dispersal and on CR 44 east or west to disperse further. 1.2 No haul route vehicle 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 roads for a limited period of time (which is defined in this Agreement as a period of not more than thirty days), which shall be established by the County at the time that the deviation is allowed. If the County approves such deviation, haul route vehicles will utilize paved County roads whenever possible. A deviation from an established haul route road 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 4.0 of this Section B. In the event that haul route road traffic in excess of 15% of the daily facility haul trips utilizes alternate haul route roads, the provisions of Section 4.0 of this Section B shall be triggered. 2.0 Off -Site Haul Route Road Signage: The Property Owner shall install haul route road signs, in accordance with MUTCD standards, at all exit points of the Property which can be clearly seen by drivers leaving the Property and which clearly depict County approved haul route roads. 3.0 No Deviation from Permitted Off -Site Haul Route Roads: Except under the provisions provided in Section B.1.3, no deviation in the use of any haul route roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement by the parties to this Agreement. 4.0 Effect of Future Changes to Off -Site Haul Route Roads: In the event that the County is requested by the Property Owner or operator of the Property to approve the use of an additional access point, a new haul route road, or an alternative haul route road as a result of a change in the activities on the Property and/or haul route road circulation patterns, and if the 5 of 22 alternative or additional access point or haul route road utilizes any unpaved portion of County roads, and if the County determines that dust control or paving is required on the unpaved portion of said haul route roads, the Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. The County will determine the proportionate share of dust control and/or paving costs to be paid by the Property Owner based upon then current haul route road trip counts that identify road traffic loading due to Property -sourced road traffic. The amount and extent of dust control and/or paving measures will be determined by Property -sourced specific conditions at the time, as determined exclusively by County personnel. C. Off -Site Haul Route Road Maintenance Requirements: 1.0 Obligation to Maintain Current CR's 33 & 44 and Future Off -Site Haul Route Roads: The Property Owner 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 hauling to and from the Property. Should the activities on the Property, and/or should Property -sourced haul trip circulation patterns change in the future, so that the County approves an alternate haul route road, and all or a significant portion of Property - sourced traffic no longer utilizes CR's 33 & 44 as haul route roads, and instead utilizes other portions of unpaved County roads as haul route roads, the Property Owner shall cooperate with the County in maintenance of said alternate haul route roads which become the new haul route roads for the Property. The type and method of road repair will be determined by the County Engineer or his representative. For any roadway damage that exposes the driving public to adverse or unsafe driving conditions, road repairs shall commence within forty-eight (48) hours of notification of the Property Owner by the County. All other repairs shall commence within thirty (30) days of the Property Owner's receipt of the County's written notice of the need for such repairs. 1.1 Need for Immediate Repairs: In the event of damage to an approved haul route road for Property -sourced traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), the County shall, after inspection, notify the Property Owner of such Significant Damage. The Property Owner shall identify the road repair required and shall consult with the County on the extent, type, timing, materials and quality of road repair (i.e., temporary versus permanent) within twenty-four (24) hours after receipt of such notice from the County and shall commence such road repair work within forty-eight (48) hours after receipt of such notice. If such road repair work is not commenced by the Property Owner within such forty-eight (48) hour period, the County shall have the right to draw on the Road Maintenance Collateral and use such funds to perform such road repair work. If the Property Owner identifies Significant Damage prior to receiving notice thereof from the County, the Property Owner may commence repair of such Significant Damage and shall concurrently notify the County of the extent, type, timing, materials and quality of road repair (i.e., temporary versus permanent). 1.2 Property Owner Repair of Off -Site Haul Route Roads: On or before December 31 of the calendar year in which County staff has determined 6 of 22 through site analysis and/or pavement testing that a particular portion of a haul route road 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 road improvement/repair costs of the proposed paving, the County shall notify the Property Owner in writing that the off -site road improvements/repair paving shall be undertaken. Within ninety (90) days of its receipt of the County's notice of the need to undertake said road improvements/repairs, the Property Owner shall submit Off -Site Road Construction Plans and Cost Estimates to the County for the proposed paving for review by the County. The Property Owner shall have sole responsibility for the completion of the road improvements/repair paving on or before December 15th of the year following the County's initial notice of the need for the road improvement/repair paving. 1.3 County Repair of Off -Site Haul Route Roads. In the County's sole discretion, the County may undertake all necessary haul route road repairs and/or improvements. The Property Owner's payment for the Property's Proportionate Share of the road repairs/improvements will be calculated as determined in Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent with Section C.3.0 of this Agreement. 2.0 Annual Off -Site Haul Route Road Inspection: The 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 the County to participate in off -site 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 repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data becomes available to the County. 3.0 Future Off -Site Haul Route 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 Haul Trip ESAL Counts using then current data of haul trips entering or exiting the Property onto the haul route road in the implementation of the above -mentioned improvements. Notification to the Property Owner 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, as described in Section C.1.0 above. 4.0 Sharing of Off -Site Haul Route 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 haul route road maintenance work and will share in the cost and expense of 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 the other property owners and/or lessees. The County shall review and approve the sharing agreements for the sole purpose of determining whether the required haul route road improvements/maintenance projects have been adequately addressed. The County alone shall 7of22 determine the sufficiency of all haul route road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If the Property Owner does not perform as outlined in this Agreement and Exhibits "A" and "B", such non-performance will constitute a violation of the Property Owner's land use permits granted by County concerning the Property, and County will take whatever remedial measures it deems necessary, against the 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 setting a probable cause hearing according to the procedures described in Section 2-4-40 of Weld County Code. Revocation of MINF12-0001 as it now exists or may, from time to time, be amended, is a remedy which the County may impose. D. On -Site Improvements: 1.0 On -Site Landscaping and Fencing Requirements: The 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 MINF12-0001 Plat Map. Specifically, the Property Owner shall at its own expense, plant, install and/or maintain all grass and other landscaping and re -seeding where applicable as shown on the accepted Construction Plans and MINF12-0001 Plat Map. Additionally, the Property Owner shall install and/or maintain fencing to screen the Property where applicable as indicated on the accepted Construction Plans and MINF12-0001 Plat Map. In the event any of these improvements include work extending into State or County rights -of -way, a right-of-way or access permit must be obtained by the Property Owner prior to the commencement of said work. 2.0 On -Site Grading, Drainage Facilities and Paving: The Property Owner shall, at its sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the Property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Construction Plans and MINF12-0001 Plat Map. The main entrance improvements to the Property will include; construction of adequate turning radii at the main Property entrances onto CR's 33 & 44, and appropriately sized drainage culverts. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for the Property. The Property Owner shall be responsible for all maintenance of the on -site improvements. Additional infrastructure improvements to the Property will be addressed at the time of application for any future amended MINF. Some of these improvements may include work extending into State or County rights -of -way, in which case a right-of-way or access permit must be obtained by the Property Owner prior to the commencement of said work. 3.0 Timing of On -Site Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, the Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit or an amendment to the existing MiNF. Except with prior County consent, no grading permit will be released until collateral is posted for all on -site and off -site improvements and the final Construction Plans have been submitted to and accepted by the County's Department of Public Works. Access and/or right-of-way permits might also be 8 of 22 required prior to County approval of the grading permit. Grading shall not commence until, the Construction Plans have been reviewed, approved, and accepted by the County. Any alterations to the accepted Construction Plans must be reviewed, approved, and accepted in writing by the County's Planning and Public Works Departments. At that time, and unless otherwise amended, the 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, the Property Owner shall contact the County's Department of Planning Services and the County's Department of Public Works and request an inspection of the on -site improvements described in Section D.1.0 and D.2.0 above. The County's representatives may then initiate the process for "Acceptance of Improvements" set forth in Sections E.6.1-6.3. below. "End of Part 1" 9 of 22 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Big Thompson Investment Holdings LLC "Hickman Minor Subdivision"— MINF12-0001 Part 2: General Provisions 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. 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 Property Owner 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. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at the sole expense of Property Owner, 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 and MINF 12-0001 Nat Map, be solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement, which are 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 set forth in Exhibit B stated herein upon application by the Property Owner. 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. 9 of 22 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. If County discovers inconsistencies in the testing results, Property Owner 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. 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, 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 Property Owner. 4.0 Release of Liability: Property Owner and 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. 5.0 Warranty of On -Site and Off -Site Improvements: Property Owner shall warranty all improvements to public rights -of -way, (if any), and 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 On -Site and/or Off -Site 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, alone, constitute an acceptance of said portions of the improvements. 6.2 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 10 of 22 MINF improvements in that phase of the MINF is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. 6.3a 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 Section 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 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 shall reinspect 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 MINF, the Board of County Commissioners shall fully accept said improvements. 6.3b 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 Section 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 reinspect 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 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 MINF, 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 improvements described in this Agreement shall be 11of22 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 (If Applicable) to be kept in place for the life of the permit. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements indentified on the accepted Construction Plans and MINF12-0001 Plat Map 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 that extend partially off -site as mentioned in Section A.1.0 (if any) or D.2.0 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 as "Entrance Improvements" on Exhibit "A" On -Site Improvements of this Agreement. This collateral must be submitted to County upon the submission of the Property Owner's application of a grading, building, and/or right -of way permit, or at a time determined acceptable by the Board of County Commissioners, and shall be held in total by County as provided in Section E.7.3 below until all improvements have been completed. 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 In the event Property Owner fails to adequately complete and/or repair improvements associated with this Improvements Agreement, County will access, in its sole discretion, Project or Warranty Collateral to the extent necessary to complete said improvements or repairs in order to preserve public interest. 7.5 Road Maintenance Collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners or at the time of approval of this Agreement, if no Project Collateral was initially submitted. Road Maintenance Collateral is held for use on roads associated with the designated haul route. The amount of the collateral required for road maintenance shall be one percent (1%) of the initial Project Collateral listed on Exhibit "A" — Cost Sheet (OFF -SITE) of this agreement. If no Off -Site Collateral is submitted, the amount of Road Maintenance Collateral shall be one percent (1%) of the initial Project Collateral listed on Exhibit "A"- Cost Sheet (ON -SITE). If no Project Collateral was initially submitted, Road Maintenance Collateral shall be submitted at the time of approval for this Agreement or at such time that approved MINF12-0001 activities are initiated. The submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roans or $2,400.00 for facilities adjacent to gravel haul route roads, and the amounts will be listed on Exhibit "A"- Cost Sheet (OFF -SITE). Road Maintenance Collateral shall be held by County as long as this Agreement 12 of 22 is in effect and returned to the Property Owner upon vacation of associated land use agreement or permit. The Road Maintenance Collateral will only be accessed by . the County, if upon notification to Property Owner of required roadway safety related repairs; Property Owner fails to perform said repairs. If any of this collateral shall be collected by County, Property Owner shall replace the amount, plus interest, within six (6) months. 7.5.1 Road Maintenance Collateral Option (For Materials Haulers): In lieu of cash collateral, Property Owner may submit funds quarterly to Weld County, at a rate of ten (10) cents per ton, based on the amount of processed material leaving the site. These funds will be escrowed by the County and utilized for roadway repairs specific to the MINF's designated haul route. The first payment of funds will be due three months after the initial sale of materials from the MINF site. Subsequent quarterly payments will be deposited in the associated escrow account until the MINF permit is terminated. Utilization of this collateral option will negate any further obligations of the Property Owner and/or Property Owner to participate in any future maintenance and/or improvements projects for the associated Haul Route. Upon vacation of the MINF for this facility and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining funds in the escrow account will be returned to the MINF Permittee. 7.5.2 Road Maintenance Collateral (For Off -Site Dust Control — If Applicable): The total costs for materials and application, will be listed on Exhibit "A" (OFF -SITE) — Dust Control, of this agreement. These funds will be utilized by the County for roadway applications specific to the MINF's designated haul route, only if the Property Owner does not adhere to the requirements for dust suppression as specified in Section A.6.0 of this agreement. Following completion of all construction phases, and/or upon vacation of this MINF, and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining Dust Control collateral will be returned to the MINF Permittec. 7.6 Acceptable Project Collateral shall be submitted when the Property Owner submits an application for the Grading Permit, Building Permit, or Right - of -Way Access Permit prior to commencement of Site Preparation, as herein defined. 7.6.1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for all improvements are updated and collateral is provided in the amount of One -Hundred percent (100%) of the then current value of the improvements to be completed, and the development plans are revised to comply with all current County 13 of 22 standards, policies and regulations, except with prior County consent. The improvements shall be completed within the time schedule set forth in Exhibit "B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Property Owner's operations pursuant to M1NF12-0001 that require a grading or building permit from the County pursuant to the Weld County Code. In the event that the Improvements outlined in this Agreement and Exhibit A are not completed within one year of the execution of this Agreement Weld County may require Property Owner to obtain current cost figures for one or more of the Improvements. 7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to one -hundred percent (100%) of the total value of the improvements set forth in the Improvements Agreement and the Plat; 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 an LOC: (IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Property Owner 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 and the Plat. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. The Property Owner shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Property Owner upon request. 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. In the event the Property Owner is required to warranty the improvements, the Property Owner shall replace the original deposit with a deposit in the amount of fifteen percent (15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7.10 The Board of County Commissioners 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 14 of 22 Ga 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. 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 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. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 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 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. 8.7 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 15 of 22 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. 8.8 Following the written request for partial release of the "Project Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on -site and/or off -site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the partial release of "Project Collateral". For all off -site and on -site improvements (including improvements to public rights -of -way or easements), the written 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. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on -site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the conclusion of the Warranty period. The "Warranty Collateral" shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. 8.10 For all off -site and on -site improvements (including improvements to public rights -of -way or easements), the written request for release of "Warranty Collateral" shall be accompanied by "Road Maintenance Collateral" (If Applicable) as specified in Section E7.5 of this Agreement. "Road Maintenance Collateral" for roads associated with the designated haul route shall be maintained as long as the MINF is active. 9.0 Successors and Assigns: This Agreement may be assigned in its entirety by Property Owner without the express written consent of County to Peckham Development Corporation, a Colorado corporation, whose address is C/O Mark Goldstein, President, P.O. Box 273180, Fort Collins, CO 80527, provided that a copy of any assignment agreement is provided to County prior to execution and any required collateral under this Agreement be posted by Peckham Development Corporation at the time the assignment agreement is executed. Should the assignment agreement not be provided and/or any required collateral not be posted at the time the assignment occurs, the County shall not consent to the assignment to Peckham Development Corporation. Should this Agreement be assigned in its entirety to Peckham Development Corporation, Big Thompson Investment Holdings, LLC, shall no longer be liable for the obligations set forth in this Agreement and a new Improvements Agreement with Peckham Development Corporation shall not be required as otherwise required in this Section 9.0. This Agreement may not be delegated, transferred, or assigned in whole or in part by Property Owner to any other party without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Property Owner's release of its obligations shall be accomplished by County's execution of a new 16 of 22 Improvements Agreement with the successor owner of the property. (See paragraphs F. 1.2 and 2.2 below) Consent to a delegation or an assignment will not be unreasonably withheld by County. In the event of sale of the Property, County may agree to release Property Owner in whole or in part from obligations under this Agreement. 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 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 fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) 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 Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. 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 MINF12- 0001 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. 1.2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — MINF12-0001 by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — MINF 12-0001 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 MINF. 17 of 22 1.3 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — MINF 12-0001 by New Operator: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — MINF12-0001 with a new operator who has assumed the operation of the business on the Property which business activities are permitted by the then existing MINE. 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 Agreement According to Policy Regarding Collateral for Improvements — MINF 12-0001 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 18 of 22 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 — MINF12-0001 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 — MINF 12-0001 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 MINF12-0001. 5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that activities related to MINF 12-0001 cease as a result of the revocation of the permit as described in Section 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 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. J. 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 19 of 22 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. 20 of 22 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: SIGNATURE PRINTED NAME: Mark S. Goldstein TITLE: Manager, Big Thompson Investment Holdings, LLC STATE OF COLORADO ss. County of Weld The foregoing instrument was acknowledged before me this 2 day of tab 2014, by Mark S. Goldstein, Manager, Big Thomps iivestment Holdings, LLC. WITNESS my hand and official seal. My commission Expires: rf . )32o4 - L.10E 1 N4. 2.t 4D401813�1 ATTEST: ddetleo ..do:ok, Weld County Clerk to the Board BY: Deputy Cler o the Board • APPROVED AS TO FORM: Notary Public KMH VU L• It b' KATHRYN L. HERDER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104018139 MY COMMISSION EXPIRES 07113/2014 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Douglits Rademacher, Chair 21 of 22 County Attorney MAR 1 2 2014 ow)iy-o7y5 EXHIBIT,A - Cost Sheet (ON -SITE) Name of Subdivision, PUD, USR, RE,gSPR: LVQdCOU. Sildj ta( 12aV LFiling/Case #: m1Nr12- GOO I Location: WC� 33 Personnel Contact: Name :view duple) ZIPt Tide t‘vt.c ale,f Phone got? 23I !ntendir' to be le bound the undersigned Applicant hereby agrees to provide Aron bout this facility the folovinr improvements. Improvements (Leave spaces blank where they do not apply) (OiY--SITE) Quantity Units Unit Costs IS) Estimated Construction Cost (s) Site Grading 3Z2t}27 CY 41.31 4Z4,os2. Street Grading i A auck-ec1 Street Base t3f3Oo +on * 2Q, OOlit,)CrO Street Paving A 0. Entrance Improvements (Per Sec. E.-7.2) t rirAel l n V+IGCt i:XtSC Curbs, Gutters, and Culverts nee Sidewalk Am. Stormwater/Drainage Facilities 1 eVelkkAtLA ty& •l -1'L 6ldatL Retention / Detention Ponds NIClUel.tti tiA 611, Road Culvert tvIC-LiA t d trt I./act:A.q \9t h Avatriacit. Grass Lined Swale i c c\cd Ditch Improvements ltAakatri Subsurface Drainage ( I 4 I%44S et_el1 a�c- Sanitary Sewers/Sewage Facilities %/Ia.. Water Supply C OM SittL Erosion Control Measures/BMP's 1 I L5 # *5115 Fire Hydrants C0M ?VA -- Survey, Street Monuments/Boxes PA - Parking Area Ka Street Lighting yS Street Names NA- Signage & Pavement Marking g $ (pD.60 t$'2q Fencing Requirements Landscaping (Seeding, Trees, etc.) Park Improvements SUB -TOTAL: 704, ?b(0 Engineering and Supervision Costs $ 1vlC.rtt..A. Ivl CAs .est1 (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ '10(a, Z.42% 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 com . - . a . . ing to the construction schedule set out in Exhibit B By: Applicant ;YtH4L 5. 6U(.4S7taJ, N14O !% d -14 - Title By: Applicant Title Date 0, a f , 20 ILI Date , 20 EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: t, L�d es triswhi.5 ekt lir6iling/Case apt, Off Z'Q 'I Location: Ito?. 72- bnettdiv le be legally bound, the undersigned Applicant hereby agrees to prnride throughout this facility the following Improvements. All improvements shall be completed within 2.+ years from the date of approval of the final plat. Construction of the umprovemants listed in Exhibit A shall be completed as follows: Improvements (Leave spaces blonL where they do not apply) Time Schedule 10/V-.51TE) fOFF-ME1 Site Grading t ��. t( 1o14 Street Grading J Street Base Street Paving Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities �`1 /� l �Q r �OrIf Retention / Detention Ponds Road Culvert ?I\ raft , 0/11'Grass Lined Swale f Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Fit( 2o14 I"" Laterals (house or building connected) Water Supply and Storage 1 r/ i TA6ft/ Water Mains (includes bore) zoi'l7 l "I Fire Hydrants 'Slid r&ii Zoju Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric < .i r' n 6 yt Water Transfer 1i� 20/x! Final Completion Date Mr Entire Project -n fa.kk 201 t EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: 41A),(D) Applicant Title S 6014J -7-=_I By: Applicant Title Date cg" , 20 /9 Date , 20 U W ri z 0 U t. 0 0 U V 1 Q zoo 0 pc `H Z z z z a x e w z wWc z w O E F s ₹ stl s 4 a :0s ,s10 iei'i 8 ti �9�pR� ■ ,�biyal ! bl b Bb��EAE�� 4 ;ilk i� }IYEN Mi f; S li$i`_ ■ vi 1 tR I 9li!t: $ G 2111 II F\ lSz C Fi " :1 ippt br S q : 1!! 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EtlS.�1iv;� it iii ii6 lil i iptb E Iii i PM f tl lE i ireg P 1JI Pe i_ ifky lit a pi ig8 7 a . q:ib #�1 I s;-Vd �5,iffps.s +; g6 3 11 1 , 1 iii g;Jia 3 1s��LLp.. Iiii ��_ ' �f :G a y?�^� L.! S a �..Ai �jaetls1i 31Z�e#e E6� i li y, p a CEi� e 1 $liti 1.Eg 6.1 4e1b; L₹ IA o ₹teaOilkfill; I" i .P �$�s₹ �� g 7₹ i .� ��a � � '$=� - ₹ €spa Nip °g aqr g° d'�a i � � a ₹� b� 1- It i' 3 d 1 ei rtli i L.. i All: Ni b i pi i I + of s i, a li !� ihi J i i Ietl ₹: � Q - el 1 ., ₹R ! tl�2€$ i g e 1b s'$₹[ E oil $ hi, r d b WI ° �, 'a :111 a . , �° i .�i Et a �4� � ; s i ��rs 9a Wei, S .€ F dad . �� .�d iaS9� E n 4 Rip i VESTMENT tit § 'moll § Ygg 9 i .? ;g7q ' ' $e i4 5 § p I! I i4 8 a r3 SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST. 6TH P.M. DATE: 12/23/II I jat:47272 i • 3 -g RIaiIli {: - ® • o • ; MAO CRAVE TANS Pa sj ¢ai�A.r.elb,MO�F�ww o aa,9,oMj 2 R aigiiaaa;;x— y MINOR SUBDIVISION SECTION 21 TOWNSHIP 4 NORTH. RANGE 66 WEST. 6TE P.2W. 4 C {C`Crr 5S is Y � Id' ai g 8 £h E,.__i5FC:`.):'c_ 5'rap q§4:iDa `¢ big z % 1843 v A,3a?]'88 �_ 589` g @ O U O ,.! aiz Si3gaaa 33 Y Y i • .1 2 ^ __ A a G x a- a e t 5 a ii n i: 1a 71 f • ikk S �aaR14Si°a?5n3a W;3� ® y} EEgg CD w o Y3335353 I iCii;i4aaR C\2 F P a" a Y Y R - a, i i. o Ciad li5�, k"•5r y-ea�a:e:usiziaaeaA 1-1 e i a 8 8- 9 3 9 �6 �' 3llail A i : Y$ 9 i 3 a o 135333335335533-3355 `5 C Qzo W O a.-,.,�. saw -Am as.ear HAMMER LAND SURVEYING, INC. 4360 HIGHWAY 66 LONGMONT,CO 80504 PH: 970-535-9316 /''� a, o U i 41 a a 5V t r- i _ �"� 1y� MWOe zOti 9C0•.R • 3 $9 \t,$ *IEI g f £3 M N E' !-� �W a W .D E_, z f.J s Z z z tr r_ o 4.1 c5 .0 "lb, IIl.. 666 5_ �0 R fE € EN / _ �� ; N. x.1.1 \\\ � � 1\•.`3-.L :�, � '- I ~\i s � s \`.. ' . 6 • \h6 / i 7- "� ,,,s�'"°��sl\ \\ I 44 \� 1y h �g ),� ''• C\\ VIII /I 3` 1 6 , \ I I' ilig g5 \ Iu,\}L�'�\� __/T' / i3 CLIENT: BIG THOMPSON INVESTMENT HOLDINGS, LLC P.O. 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S i,I , { E ; IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 835-3047 Amount: U.S. S 706,258.00 (seven hundred end six thousand two hundred and eighty alit dollars and zero cents U.S. DOLLARS) This Letter of Credit is Issued on March 10. 2014 by lamer in favor of the Beneficiary for the account of Applicant, The parties' names end their addresses are as follows: APPLICANT: PECKHAM DEVELOPMENT CORPORATION Entity Type; Corporation inns to e.eynzrkrt" St, OMrt-131 Qi) DA FarLram< .O 80627 / + BENEFICIARY:. l tlI�r sir to fits".:; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Entity Type; Domestic Government Unit 11 50 0 Street Greeley, CO 80631 ISSUER: FIRSTBANK 10403 West Colfax Avenue Lakewood, CO 80215 1, LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one), Each Draft shell be signed on behalf of Beneficiary and be marked "Drawn under FlrstBenk Letter of Credit No. 835-3047 dated March 10, 2014." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Latter of Credit by the amount of the draft. This Letter of Credit sets forth In full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit. or any document to which this Letter of Credit may bo related, This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Partial drawings shall not be permitted under this Letter of Credit. "Draft" means a draft drown at sight 3. DOCUMENTS. Each Draft must be accompanied by the following, In original and two copies except as stated: A. The original Letter of Credit, together with any amendments. lasuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty an the pert of Issuer m verify the identity or authority of the parson presenting the draft and such documentation. 4, EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 6:00 PM Mountain Time (Time) on March 10, 2018 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date, 6. NON -TRANSFERABLE. This Lotter of Credit is not transferable. a. APPLICABLE LAW. This Letter of Credit is governed by tire Uniform Customs and Practice for Documentary Credits, 2007 RevisIon, International Chamber of Commerce Publication No. 600 (UCPL or any later version or amendment. This Letter of Credit is also governed by the laws of Colorado, except as those laws conflict with the UCP. ISSUER: FirstBank Kevin I(f. Minner, Senior Vice President Date RZMIVIED tau . 2"d; ari l Weld Counts/ Public Works Del* Peckham Dawlopment Corporation Standby Letter Of Croat CQl4XSEYOUN00000000D000674023030714N Worsens Kluwer Financial Sarvices.1996, 2014 Bankers Systems" Page 1 Big Thompson Investment Holdings, LLC PO Box 273180 • Fort Collins, Colorado 80527 Phone: 970-797-2187 • Fax: 970-692-8342 February 27, 2014 Mr. Richard Hastings Compliance Analyst & Construction Inspector Weld County Public Works 1111 H Street Greeley, CO 80632 Dear Mr. Hastings: Attached please find the Improvements Agreement According To Policy Regarding Collateral For Improvements, Big Thompson Investment Holdings, LLC "Hickman Minor Subdivision" — MINF12-0001, executed by Mark Goldstein, Manager for Big Thompson Investment Holdings, LLC. We will provide the appropriate collateral next week. Thank you, Larry Clark YE\-> 1 r) t 97a-- 339-2.75o c I"p,,xKL-0Sr� _ ir—) Esther Gesick From: Sent: To: Cc: Subject: Attachments: James A. Martell <jamartell@martelllawoffice.com> Monday, October 9, 2017 4:14 PM Esther Gesick Frank Haug; Bruce Barker Appeal of Denial of Access Permit BOCC Appeal Ltr - 10-9-17.pdf; BOCC Appeal Letter exhibits.pdf Dear Ms. Gesick I represent Peckham Development Corporation. Attached please find a letter of Appeal of the denial of Access Permits. We will hand deliver original packets tomorrow morning. Please contact me if you have questions. Thank you. Jim LAN OFFICE OF ._ ilk JAMES A. MARTELL, LLC James A. Martell Law Office of James A. Martell, LLC 145 N. College Avenue, Unit E Fort Collins, CO 80524 Main: (970) 221-4455 x 201 Facsimile: (970) 221-4242 Email: jamartell@martelllawoffice.com PLEASE NOTE THE FOLLOWING: This message and attachments are intended for the addressee(s) only and may contain information that is privileged and confidential. 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MARTELL, LLC October 10, 2017 VIA E-MAIL egesick@weldgov.com Ms. Esther Gesick, Clerk Weld County Board of County Commissioners 1150 O Street Greeley, CO 80632 RECEIVED OCT 102017 WELD COUNTY COMMISSIONERS Re: Appeal of Conditions of Access Permit Lots 5 and 8 Weld County Industrial Park Ladies and Gentlemen: I represent Peckham Development Corporation, a Colorado corporation ("Peckham"). This is an appeal pursuant to Section 12-5-130 of the Weld County Code by Peckham of the Access Permits (the "Access Permits") from Niobrara Boulevard ("Niobrara") to Lots 5 and 8 (the "Lots") of the Weld County Industrial Park ("WCIP"). The condition placed on the issuance of the Access Permits is that all improvements required by Public Works to be made to the intersection of Weld County Road 44 ("CR 44") and Niobrara (the "CR 44/Niobrara Intersection") must be fully completed before the Access Permits will be issues (the "Condition of Approval"). Public Works officially denied the Access Permits by email from Elizabeth Relford to Mark Goldstein dated October 9, 2017. The Condition of Approval is unreasonable for the following reasons: A. Peckham obtained final approval from Public Works of plans (the "Approved Plans") for the improvements required by Public Works to be made to the CR 44/Niobrara Intersection (the "CR 44/Niobrara Intersection Improvements") on September 26, 2017 after 2 years, 15 draft submittals and, a Public Works delay for the repaving CR 145 N. College Avenue, Unit E, Fort Collins, CO 80524 Direct: (970) 449-8718; Main: (970) 221-4455; Facsimile: (970) 221-4242 Email: jamartell@martelllawoffice.com Ms. Esther Gesick October 10, 2017 Page 2 44 in the middle of the design review process. Please see the email exchange between Janet Lundquist and Mark Goldstein attached this letter as Exhibit A. Peckham was given no advance notice of the repaving project. Peckham immediately contacted Public Works to discuss a public/private partnership to make all of the improvements at the same time and thereby minimize the cost Public Works would incur in reconstructing CR 44. (Peckham and Big Thompson developed the Union Colony Industrial Park ["UCIP"] and did a public/private partnership with Weld County pursuant to which the owners of lots in the UCIP paid the County upfront for the cost of installing turn lanes as part of the County's reconstruction of CR 47. I have attached the Board Resolution regarding the UCIP public/private partnership as Exhibit B. The suggestion of a public/private partnership was rejected by Public Works. Public Works proceeded to reconstruct CR 44 which resulted in Peckham having to completely redesign the CR 44/Niobrara Intersection Improvements to match the reconstructed CR 44. As part of the CR 44/Niobrara Intersection Improvements it will be necessary for Peckham to remove and replace a portion of the improvements only recently completed by Public Works, a clear waste of taxpayer money. B. The Approved Plans require that Peckham acquire right-of-way from neighboring property owners to the East and West. (Two alternatives were proposed by Peckham which fully complied with the Weld County Code and approved Traffic Impact Study both of which would not have required the acquisition of any right-of-way from the East property owner. Both alternatives were rejected by Public Works.) Peckham has provided to the County a Contract signed by Jose Cervantes for the required right- of-way to the East of the CR 44/Niobrara Intersection. A copy of the Cervantes Contract is attached this letter as Exhibit C. Peckham is acquiring 88 square feet of right-of-way from Mr. Cervantes for a purchase price of $60,000 plus construction of an earthen berm, a 6-8 foot high privacy fence, and planting 20 six-foot tall trees. Peckham has entered into a Contract with the Petrocco Family Limited Partnership, LLLP for the right-of-way to the West of the CR 44/Niobrara Intersection. A copy of the Petrocco Contract is attached to this letter as Exhibit D. The Petrocco Family will dedicate 3,625 square feet of an existing drainage ditch to the County in exchange for conveyance by Peckham to the Petroccco Family of Lot A of RE 4914 (the "Grader Shed Property") which was appraised on March 27, 2017 for $274,109. A copy of the Broker's Opinion of Value is attached this letter as Exhibit E. Peckham could not finalize ROW acquisition from either neighbor until after plans were approved by Public Works on September 26, 2017. C. The Approved Plans require that approximately four Xcel Energy ("Excel") power poles must be moved before construction on the CR 44/Niobrara Intersection Improvements can begin. Xcel will not permit the poles to be moved by Peckham or its contractor. Xcel must move the poles itself or through its contractor (the "Excel Work"). Peckham advanced the cost of the Excel Work on September 21, 2017 but Peckham could not authorize commencement of the Excel Work until it had final Ms. Esther Gesick October 10, 2017 Page 3 plans for the CR 44/Niobrara Intersection Improvements approved by Public Works. Peckham received approval of the final plans on September 26, 2017. On September 26th Peckham received confirmation from Xcel that the Excel Work had been scheduled. Xcel advised that 1 of the power poles could be relocated in late November, 2017 and the others could be relocated in late January/Early February 2018 at the earliest. Xcel noted that the Excel Work will not be performed until next year because "Right now Xcel Energy has limited construction resources due to a number of construction crews out of state, assisting with Hurricane Irma storm relief." As of the 26th of September, Peckham had firm bids from 2 contractors able to complete construction the CR 44/Niobrara Intersection Improvements this fall but cannot due to Xcel powerline relocate timelines. Please see the email from Excel relating to this issue attached this letter as Exhibit F. D. Peckham has posted two letters of credit with the County: One in the amount of $740,792.34 for the CR 44/Niobrara Intersection Improvements with a maturity date of November 30, 2018 and automatic annual renewals (the "CR 44 Collateral") and One in the amount of $105,942.90 as warranty collateral for the on -site improvements and the County Road 33 Improvements with a maturity date of November 30, 2018 and automatic annual renewals. Copies of the two Letters of Credit are attached this letter as Exhibits G and H. The CR 44 Collateral insures that the CR 44/Niobrara Intersection Improvements are completed. E. Peckham has completed the onsite improvements within the WCIP pursuant to the terms of an Improvements Agreement between Peckham and the County dated February 24, 2014 (the "Improvements Agreement"). A copy of the Improvements Agreement is attached this letter as Exhibit I. Peckham has also completed the paving of CR 33 even though it was not included within the improvements to be completed as set forth on Exhibits A and B of the Improvements Agreement. F. Peckham has executed and delivered to the County a Deed of Dedication for all right- of-way across property owned by Peckham required for the CR 44/Niobrara Intersection Improvements. A copy of the Deed of Dedication is attached this letter as Exhibit J. G. Peckham has submitted all requested exhibits for an Amendment to the Improvements Agreement to include the CR 44/Niobrara Intersection Improvements under the Improvements Agreement. The Amendment is being prepared by Public Works and the County Attorney. H. Weld County agreed to provide an industrial access permit for the CR 44/Niobrara Intersection when it conveyed the Grader Shed Property to Peckham without any requirement that the CR 44/Niobrara Intersection Improvements be completed before Ms. Esther Gesick October 10, 2017 Page 4 Peckham would be allowed access onto CR 44. Please see Exhibit R attached to this letter. I. The County Attorney's office has opined that Public Works cannot deny access from the individual Lots within WCIP onto Niobrara because Niobrara is a privately maintained road. "Niobrara Blvd. is an internal subdivision road, and the access requested is off the privately maintained road, not WCR 44. As a result, until Niobrara becomes publicly maintained, Weld County is not granting or denying accesses off of that road." A copy of Frank Haug's Letter of Opinion is attached this letter as Exhibit K. (Section 8-6-40 C. of the Code requires approval by resolution of the Board of County Commissioners before acceptance of roads for maintenance is effective and the Board has not accepted Niobrara for maintenance.) J. Public Works asserts that "WCIP will meet their traffic triggers for turn lanes on CR 44 with the current site plan application for Lot 8 and the amended site plan application for Lot 5 of the WCIP. For reference the existing approved site plan for Lot 5 is for outdoor storage. The amended site plan application for Lot 5 and the new site plan application for lot 8 are for similar primary uses of outdoor storage of oilfield equipment including but not limited to drill rigs. Please see the Work Session Cover Letter dated August 11, 2017 attached this letter as Exhibit L. There is no evidence that the traffic triggers for CR 44 access will in fact be met when improvements are completed on Lots 5 and 8 of WCIP. Public Works is possibly basing its assumption on the proposed traffic volumes submitted with all prior SPR applications submitted for WCIP. Please see the email string between Janet Lundquist and Mark Goldstein attached to this letter as Exhibit M that sets forth the proposed traffic volume for each site plan review. Peckham believes that the proposed traffic volume submitted with prior SPR applications were grossly overstated or have changed dramatically since the SPRs were approved. The slowdown in the oil and gas industry has decreased activity at the Weld County Industrial Park. For example, attached as Exhibit N is a spreadsheet showing the true average number of trips per day to and from SPF12-0010 to be 47.53 trips per day. The proposed number of trips per day shown in the SPR12-0010 application was 260. This is a net reduction of 212.47 trips per day. The proposed traffic impact for the Site Plan Review for Lot 5 and Lot 8 of the Weld County Industrial Park is 30 trips per shift and there will be one shift per day. Once the equipment, primarily drill rigs, are moved in and placed in storage, the average daily traffic will drop substantially. Public Works required a Traffic Impact Study ("the TIS") in connection with the approval of WCIP. Peckham obtained the TIS prepared by Eugene G. Coppola, P.E. The TIS was approved and accepted by Public Works. Mr. Coppola's analysis determined that "On CR 44, an eastbound right turn lane will be warranted at the site access when traffic volumes warrant this improvement." No other improvements to CR 44 were required in the TIS. Regardless of the TIS that was approved by Weld County Public Works for the minor subdivision and subsequent SPRS over the last several years, Peckham as Ms. Esther Gesick October 10, 2017 Page 5 agreed to build East and West bound turn lanes on CR 44 and a Left out and Right Out on Niobrara Boulevard at CR 44 pursuant to Public Works requirements, which are improvements in excess of the approved TIS. Until the Improvements are made to CR 44, all traffic will continue to use CR 33 as the sole access point to the WCIP. Mr. Coppola has prepared a letter supplementing the TIS in which he opines that the additional traffic from Lots 5 and 8 will not have an adverse impact on CR 33 and is supported by Colorado Department of Transportation standards. The TIS and supplemental letter are attached to this letter as Exhibit O. DISCUSSION A. HISTORICAL BACKGROUND Peckham as successor in interest to Big Thompson Investment Holdings, LLC ("Big Thompson") is the developer of the WCIP. By Resolution dated October 31, 2012 the Board approved a Site Specific Development Plan and Minor Subdivision Final Plan, MINF 12 -000 - for WCIP (the "Resolution of Approval"). A copy of the Resolution of Approval is attached this letter as Exhibit P. Section 1.A. of the Resolution of Approval provided as follows: A. The applicant needs to enter into an Improvements and Road Maintenance Agreement for the on -site and off -site work to be done. The Improvements Agreement will include triggers for on -site and off -site roadway upgrades and auxiliary lanes. Collateral needs to be submitted to, and accepted by, the Weld County Board of County Commissioners prior to recording of the plat. (emphasis added) The Plat of the WCIP was recorded January 10, 2014. A copy of the Plat is attached this letter as Exhibit Q. On January 15, 2014 Big Thompson and the County entered into Exchange Agreement (the "Exchange Agreement"). A copy of the Exchange Agreement is attached this letter as Exhibit R. Section 4.B. of the Exchange Agreement required that at Closing the County was to grant to Big Thompson one industrial access permit for one point of ingress and egress onto CR 44 from the WCIP. The Closing of the Exchange Transaction was completed on March 18, 2015. The industrial access point is the intersection of Niobrara and CR 44 (the "CR 44/Niobrara Intersection"). The granting of the industrial access permit was not conditional on any improvements being made to County Road 44 prior to issuance and use of the industrial access permit. On February 24, 2014 Big Thompson and the County entered into the Improvements Agreement. Exhibit A attached to the Improvements Agreement does not include any costs for the improvements to be made to County Road 33 ("CR 33") or the CR 44/Niobrara Intersection. Exhibit B attached to the Improvements Agreement does not include any time line for any off - site improvements. The on -site improvements within the WCIP have been completed as confirmed by email from Janet Lundquist to Mark Goldstein a copy of which is attached to this letter as Exhibit S. The CR 33 improvements have been completed by Peckham and approved by the County even though they were not included on Exhibit A or B of the Improvements Agreement. Ms. Esther Gesick October 10, 2017 Page 6 A work session was held with the Board on November 7, 2016 regarding the Original Collateral. The Board determined that the Original Collateral is not to be released until collateral is posted for the CR 44/Niobrara Intersection Improvements. (Please see the Email String between Mark Goldstein and Janet Lundquist attached to this letter as Exhibit S regarding the release of the Original Collateral.) Peckham obtained cost estimates for the CR 44/Niobrara Intersection Improvements. The cost estimates in the amount of $740,792.34 were approved by Public Works on August 17, 2017. Please see the Email String between Mark Goldstein and Janet Lundquist attached to this letter as Exhibit T regarding approval of the cost estimates. On September 1, 2017, after approximately 15 sets of plans, and prior assurances that the budget was approved, Public Works required an additional 50 feet of pavement. Therefore the cost estimates had to be revised. The revised cost estimates have been approved and two letters of credit has been provided to the County. Since February 2, 2015 Peckham, through its engineers, Northern Engineering, has been working diligently with Public Works to fmalize plans acceptable to Public Works for the CR 44/Niobrara Intersection Improvements. Northern Engineering has made a total of 15 submittals. Please see the letter from Andrew Reese to Mark Goldstein dated October 2, 2017 attached to this letter as Exhibit U in which Mr. Reese outlines in detail the various submittals and the issues addressed in each submittal. Public Works received complete, finalized, stamped, approved plans for CR 44/Niobrara Intersection on September 25, 2017. Mr. Reese's letter includes an analysis of the requirements being made by Public Works that conflict with the Weld County Code (the "Code"), the TIS, and the Improvements Agreement. Additional changes such as 50 feet of paving and a right turn lane on Niobrara at the CR 44/Niobrara Intersection and a West bound left turn lane from CR 44 onto Niobrara are inconsistent with the Improvements Agreement and the TIS and were requested after approval of the cost estimates by Public Works. Peckham complied with all requests made by Public Works. Section A.1.0 of the Improvements Agreement provides in part as follows: 1.0 Weld County Roads 33 & 44: The Property Owner shall be responsible for the construction of certain on -site and off -site safety improvements, which shall include: construction of adequate turning radii of sixty (60) feet at the main entrances and exits which extend partially into Weld County Roads 33 & 44's rights -of -way.... (emphasis added). Public Works is requiring 65 foot radii at the CR 44/Niobrara Intersection in direct violation of the Improvements Agreement. Appendix 12A.4.1 of the Code includes a table specifying that a 60 foot radius is required for industrial uses. The Code also supports a 7.5.1 taper that collectively with a 60 foot radius would have eliminated ROW from the East Property Owner being needed and still provided for a Northbound Right Turn Lane on Niobrara required by Public Works but not required by the TIS. This alternative design was rejected by Public Works. Ms. Esther Gesick October 10, 2017 Page 7 Peckham has fully complied with all of the requirements of Public Works even though some of the requirements were unsupportable under the Code, TIS, and Improvements Agreement. Peckham has diligently worked to meet the requirements of Public Works and accommodate their review process, while also trying to make recommendations supported by the Code, TIS and IA to minimize impacts to the neighbors to the East and West of the Niobrara/County Road 44 intersection. Collectively the development review process has resulted in an approval process that took over 2 years and a redraft and resubmittal of the plans 15 times. B. INDUSTRIAL ACCESS The County has an obligation to provide one industrial access permit for one point of ingress and egress onto Weld County Road 44 from WCIP as required by the Exchange Agreement. The industrial access permit has no conditions requiring that improvements be made to County Road 44 prior to use. Section 4.B. of the Exchange Agreement provides that "[The] County considers an industrial access as the highest intensity access land use classification of accesses and all other lower intensity access land uses are allowable with such an industrial classification, including, but not limited to, temporary, agricultural/field, single family residential, small commercial, subdivision, and large commercial land uses." The requirement that the CR 44/Niobrara Intersection Improvements be completed prior to the issuance of any additional Access Permits is contrary to the Improvements Agreement and the Code. Such violations effectively deny Peckham an industrial access on to CR 44 as required by the Exchange Agreement. In addition to being unable to deny access from Niobrara to CR 44, Public Works cannot deny access from the individual lots within WCIP onto Niobrara. This exact issue was previously addressed by the County Attorney. Frank Haug determined that Public Works' denial of access from Niobrara into the Grader Shed Property was improper because "Niobrara Blvd. is an internal subdivision road, and the access requested is off the privately maintained road, not WCR 44. As a result, until Niobrara becomes publicly maintained, Weld County is not granting or denying accesses off of that road." C. OBLIGATION TO COMPLETE THE CR 44/NIOBRARA INTERSECTION IMPROVEMENTS A Work Session was scheduled for Monday, August 28, 2017 (the "Work Session") with the Board of County Commissioners. The Work Session was scheduled by the Public Works to consider whether the applications for Site Plan Review ("SPR") for Lots 5 and 8 should be put on hold until all CR 44/Niobrara Intersection Improvements are completed. The Work Session was canceled. In lieu of the Work Session a conference call was held among the County Attorney's office, representatives of Public Works and representatives of Peckham (the "Conference Call"). During the Conference Call it was determined that the SPRs could be Ms. Esther Gesick October 10, 2017 Page 8 processed by the Planning Department and would not be put on hold until the CR 44/Niobrara Intersection Improvements are completed. In its request for the Work Session Public Works indicated that "holding SPR applications .... is the only way we can ensure the road improvements will be completed this year." Public Works is assuming the road improvements must be completed this year because Public Works believes the uses proposed for Lots 5 and 8 will cause WCIP to meet their traffic triggers for turn lanes on WCR 44 although this has not been proven. Public Works is no longer requiring that the CR 44/Niobrara Intersection Improvements be completed this year, but nonetheless seems to continue to be concerned about completion of the CR 44/Niobrara Intersection Improvements by holding Access Permits as collateral to secure Peckham's obligation to complete the CR 44/Niobrara Intersection Improvements. Peckham is fully and absolutely committed to completing the CR 44/Niobrara Intersection Improvements as soon as reasonably possible. Peckham has demonstrated its good faith by paving CR 33 even though the CR 33 improvements were not included on Exhibits A or B of the Improvements Agreement. (It should be noted that Peckham paved CR 33 even though Public Works Referral Comments state that CR 33 is a gravel road. Please see a copy of the Referral Comments attached to this letter as Exhibit V). A bridge in Niobrara over the Western Mutual Ditch (the "Bridge") was installed and accepted by the Western Mutual Ditch Company in March, 2016 and approved by Weld County. As illustrated in Andy Reese's narrative, Peckham has worked in good faith with Public Works by submitting timely designs for Niobrara/CR 44 Intersection and responding to staff comments and then submitting updated drafts incorporating their comments each and every time. Peckham has submitted the CR 44 Collateral which protects the County from any risk that the CR 44/Niobrara Intersection Improvements will not be completed. It is important that separation between the requirements for development of a subdivision and the requirements for development of a Lot within the subdivision be maintained. A subdivision is often developed by one person or entity (the "Subdivision Developer") while improvements to a particular lot may be made by a different person or entity (the "Lot Owner"). The Lot Owner has no control over the Subdivision Developer and should not be penalized by having the plans for his Lot held up based upon something the Subdivision Developer either has or has not done. The County has control over the Subdivision Developer through an Improvements Agreement secured by collateral approved by the Board. The Lot Owner is assured that the subdivision improvements will be installed because the County has the power to enforce the Improvements Agreement and in the event of default has the ability to complete the improvements itself and draw on the collateral to pay the cost of such work. There is absolutely no reason to withhold Access Permits to secure completion of the CR 44/Niobrara Intersection Improvements. Peckham has entered into a Build -to -Suit Lease Agreement pursuant to which Peckham has leased Lots 5 and 8, WCIP to a large well established multi -national public Ms. Esther Gesick October 10, 2017 Page 9 company and agreed to construct $1,175,000 of improvements on the two Lots. Peckham has agreed to act as an applicant and agent for and on behalf of this tenant in processing the SPR applications for Lots 5 and 8. The development of these two lots and the tenant's operations will bring jobs to Weld County. If the Site Plan Reviews are delayed as recommended by Public Works the tenant will locate outside of Weld County. D. TRAFFIC TRIGGERS In its application for the Work Session Public Works asserts that "WCIP will meet their traffic triggers for turn lanes on CR 44 with the current pre -applications site plans submittals." Application for a SPR is not a triggering event. The triggering event is the traffic volume. Public Works is attempting to require that the CR 44/Niobrara Intersection Improvements be completed before the triggering event occurs. The Improvements Agreement does not require completion of the CR 44/Niobrara Intersection Improvements before the triggering event. The Improvements Agreement does not specify a completion date for the CR 44/Niobrara Intersection Improvements. Exhibit B attached to the Improvements Agreement is captioned "Time Schedule (on -site) & (off -site)" but does not include any time schedule in the (off -site) column. The current Improvements Agreement does not require the Improvements at County Road 44/Niobrara Intersection which is why an amended Improvements Agreement is being drafted. Section E.6.2 of the Improvements Agreement specifically provides that "the 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 MINF improvements ... is satisfactory to the County, and all terms of this Agreement have been faithfully kept by the Property Owner." Peckham has acted in good faith and used all reasonable efforts to obtain Public Works approval of plans for the CR 44/Niobrara Intersection Improvements, has submitted costs estimates for the CR 44/Niobrara Intersection Improvements that were approved by Public Works, has posted collateral to secure its obligations to complete the CR 44/Niobrara Intersection Improvements. Peckham has faithfully performed all of its obligations under the Improvements Agreement and in fact has competed improvements to CR 33 that were not included under the Improvements Agreement. There is simply no reason for Public Works to attempt to put a hold on SPRs within the WCIP by making Access Permits conditional on completion of the CR 44/Niobrara Intersection Improvements. Finally, the time period between use of Lots 5 and 8 pursuant to the SPRs and completion of the CR 44/Niobrara Intersection Improvements will be less than nine months. E. HARDSHIP Four Xcel Energy ("Excel") power poles must be moved before construction on the CR 44/Niobrara Intersection Improvements can begin. Xcel will not permit the poles to be moved by Peckham or its contractor. The Excel Work will not be performed until next year because Ms. Esther Gesick October 10, 2017 Page 10 "Right now Xcel Energy has limited construction resources due to a number of construction crews out of state, assisting with Hurricane Irma storm relief." Niobrara from the Bridge to CR 44 (through the Grader Shed Property) is part of the design drawings that include both this section of Niobrara and the turn lanes at the CR 44/Niobrara Intersection. Peckham is ready, willing, and able to completed Niobrara from the Bridge to CR 44 yet this year but cannot complete the turn lanes on CR 44 until the Excel Work is completed. The physical connection of Niobrara from the Western Mutual Ditch (through the former Weld County grader property) is part of the design drawings that include both this connection and the turn lanes on CR 44. Public works from what we have been told, and what's represented in the last 8 design submittals and staff review comments, wants this connection installed concurrent with turn lane installation on CR 44. Clearly, the delay in construction of the CR 44/Niobrara Intersection Improvements until next year is a result of forces beyond Peckham's control. Peckham kindly requests that the Board of County Commissioners consider the referenced appeal. It is my understanding that this appeal will be set for a Hearing. Please notify me of the time and date of the Hearing. Thank you for your consideration of this Appeal. S'ncerely, cig pm 74c7fto James A. Martell Enclosures cc: Mr. Bruce Barker (via email and regular mail) Mr. Frank Haug (via email and regular mail) EXHIBIT A From: Janet Lundquist [mailto:ilundquist@co.weld.co.us] Sent: Saturday, March 04, 2017 7:01 PM To: Mark Goldstein <mark@geiresources.com> Cc: Andy Reese <andy@northernengineering.com>; Josh Holbrook <Jholbrook@co.weld.co.us>; CentralPacificGeneral@outlook.com; Jeff Donaldson <ieffdonaldson42@aol.com>; James A. Martell <jamartell@martelllawoffice.com> Subject: Re: WCR 44 Cross Sections It doesn't, your work would effect our project. Having multiple potential projects in close vicinity. It is an issue for the traveling public and something we avoid. Janet Lundquist Sent from my iPhone On Mar 4, 2017, at 4:59 PM, Mark Goldstein <mark@geiresources.com>wrote: How does this work affect our project? I don't recall a bridge in the vicinity? Thanks Sent from my iPhone On Mar 4, 2017, at 4:58 PM, Janet Lundquist <ilundquist@co.weld.co.us>wrote: We scheduled to work on a bridge in the area and do a maintenance overlay. Janet Lundquist Sent from my iPhone On Mar 4, 2017, at 4:13 PM, Mark Goldstein <mark@geiresources.com> wrote: Janet On our call last week you mentioned that the County has plans for CR 44 that may impact the design of the Niobrara/44 turn lanes if the Niobrara/44 project was delayed only 1 year. Can you please provide more information on the County's plans for CR 44? While we are not planning to delay the 44/Niobrara turn lane installation, it would be helpful to understand what your plans are for 44 and the timing. Thanks, Mark From: Janet Lundquist [mailto:ilundquist@co.weld.co.us] Sent: Tuesday, February 28, 2017 3:01 PM To: Mark Goldstein <mark@geiresources.com> Cc: Andy Reese <andy@northernengineering.com>; Josh Holbrook <lholbrook@co.weld.co.us>; CentralPacificGeneral@outlook.com Subject: RE: WCR 44 Cross Sections Join online meeting Join by Phone +17204395261 (Dial -in Number) English (United States) Find a local number Conference ID: 45647583 Forgot your dial -in PIN? Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 <image001.jpg> 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. James A. Martell From: Sent: To: Subject: Hi Mark, Janet Lundquist <jlundquist@co.weld.co.us> Monday, April 10, 2017 8:50 AM Mark Goldstein RE: Curtis and I will call you this morning after our Hearing I anticipate that will be around 11 am or earlier. Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 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. Original Message From: Mark Goldstein [mailto:mark@geiresources.com] Sent: Friday, April 07, 2017 3:58 PM To: Janet Lundquist <ilundquist@co.weld.co.us> Subject: RE: Janet Thanks for your time on the phone. I will be on my cell Monday at 970-231-6389 if you and Curtis want to do a conference call. With Weld County Industrial Park preparing to repave CR 44 and add turn lanes in the near term, I think it makes sense for Weld County to contribute the County's cost to mill and overlay that section of road to the project. It seems like a waste for the County to mill and overlay CR 44 now and then have Peckham/Weld County Industrial Park tear it out in the near term and replace it when they do the turn lane/44 improvement project. This seems like a waste of tax payer money. Thanks for seeing if Curtis will do a call to discuss. Have a good weekend. Best Regards, Mark Original Message From: Janet Lundquist [mailto:ilundquist@co.weld.co.us] Sent: Friday, April 07, 2017 2:28 PM To: Mark Goldstein <mark@Reiresources.com> Subject: Re: 1 . 970-381-6879 Janet Lundquist Sent from my iPhone > On Apr 7, 2017, at 2:26 PM, Mark Goldstein <mark@geiresources.com> wrote: > > Janet > An you send me your cell number? > > Thanks > > > Sent from my iPhone > » On Apr 7, 2017, at 2:25 PM, Janet Lundquist <iundquist@co.weld.co.us>wrote: » Sorry my phone dropped the call. I think we are ok though, have a great weekend! » Janet Lundquist >> Sent from my iPhone EXHIBIT B RESOLUTION RE: APPROVE AGREEMENT CONCERNING DEDICATION OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - BIG THOMPSON INVESTMENT HOLDINGS, LLC, AND MILE HI INVESTMENTS, LLC, AND DAIRY FARMERS OF AMERICA, 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, the Board has been presented with an Agreement Concerning the Dedication of Right -of -Way for Certain Improvements to County Road 47 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Big Thompson Investment Holdings, LLC, and Mile Hi Investments, LLC, and Dairy Farmers of America, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Dedication of Right -of -Way for Certain Improvements to County Road 47 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Big Thompson Investment Holdings, LLC, and Mile Hi Investments, LLC, and Dairy Farmers of America, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of September, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD Cam, COLORADO ATTEST�� Weld County Clerk to the Board Deputy Cirk to the Boar • u y ' omey 0.6 Q-'�° Date of signature: SEP 1 2 2013 an P. Conway cc! Pad, CA 9-,' -45 2013-2498 EG0068 AGREEMENT k'OR DEDICATION OF ROAD RIGHT-OF-WAY ON THE WEST SIDE OF WCR 47, AND -FOR THE CONSTRUCTION OF A NORTHBOUND LEFT -TURN LANE AND SOUTHBOUND DECELERATION LANE — WCR 47 AT WCR 62 THIS AGREEMENT is made and entered into this )g day of .� ,wh2013, by and between the County of Weld, a political subdivision of the State of Colorado, ose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632 (hereinafter referred to as, "County"), Big Thompson Investment Holdings LLC, whose address is P.O. Box 273180, Fort Collins, Colorado 80527 (hereinafter referred to as, "Big Thompson"), Mile Hi Investments LLC, whose address is P.O. Box 273180Fort Collins, Colorado 80527 (hereinafter referred to as, "Mile Hi Investments"); and Dairy Farmers of America, Inc., 1613 Pelican Lakes, Suite 301, Windsor, Colorado 80550 (hereinafter referred to as, "DFA"). (All of the parties may be referred to herein collectively as, "the Parties.") WITNESSETH: WHEREAS, County is planning the improvement of Weld County Road ("WCR") 47, extending from the intersection of WCR 47 and State Highway 263 northward through the intersection of WCR's 47 and 62, and then northward past the northern boundary Union Colony Industrial Park PUDF 13-001 (hereinafter referred to as, "the WCR 47 Improvements Stretch"), as shown on the final plat recorded in the Office of the Weld County Clerk and Recorder on July 10, 2013, at Reception Number 3946337, a copy of which is attached hereto and referred to herein as "Exhibit A," and 'WHEREAS, County is in need of eighty (80) feet of additional road right-of-way along the west side of the WCR 47 Stretch in order to complete improvements thereto, and WHEREAS, Big Thompson and, to the extent required, DFA, have dedicated to the public use and benefit the necessary eighty (80) feet of additional right-of-way on the east side of said Union Colony Industrial Park PUDF 13-001, as shown on Exhibit A, and by Warranty Deed recorded July 19, 2013, at Reception Number 3948995 in the Office of the Weld County Clerk and Recorder, has sold to DFA Lots 1 and 2 of said PUDF 13-001, and WHEREAS, Mile Hi Investments agrees to dedicate to the public use and benefit the necessary eighty (80) feet of additional right-of-way on the west side of WCR 47 and within the boundaries of the property it owns being a portion of the E% of Section 2, Township 5 North, Range 65 West of the 6`h P.M., County of Weld, State of Colorado, which property is more particularly described and shown on the "ALTA/ACSM LAND TITLE SURVEY," a copy of which is attached hereto and referred to herein as "Exhibit B," and WHEREAS, Big Thompson and DFA are required, as part of the approval of the final plat for Union Colony Industrial Park PUDF 13-001, to construct a northbound left -turn lane and southbound deceleration on WCR 47, at WCR 62 (hereinafter referred to individually as "the Left -Turn Lane," and "the Deceleration Lane," respectively; and in accordance with the terms set forth herein, hereinafter referred to collectively as "the 2013 Projects"), to -ensure the safety of the traveling public al said intersection, and 1 0,74/2-07/98 WHEREAS; County agrees that it shall design and construct, at its sole cost, the Left - Turn Lane, in exchange for the dedication of said eighty (80) feet of additional right-of-way by Big Thompson, DFA,' and Mile Hi Investments, without compensation, and without Big Thompson and Mile Hi Investments being granted road impact fee credits pursuant to the provisions of Section 20-1-90 of the Weld County Code, and WHEREAS, Big Thompson and DFA agree to collectively pay to County the sum of $200,000 no later than September 1, 2013, and in exchange, County agrees to design, construct and complete the Deceleration Lane as part of the 2013 Project no later than December 1, 2013 and NOW, THEREFORE, in consideration of the mutual promises and covenants expressed herein, the parties agree as follows: l.. DEDICATION OF THE RIGHT-OF-WAY BY MILE HI INVESTMENTS: Mile Hi Investments agrees to dedicate to the public use and benefit the necessary eighty (80) feet of additional right-of-way on the west side of WCR 47, within the boundaries of the property it owns, being a portion of the EFh of Section 2, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, which property is more particularly described and shown on Exhibit B, by Deed of Dedication, and, except for the agreement by County to construct the 2013 Project, without compensation or other consideration, and without Mile Hi Investments being granted road impact fee credits pursuant to the provisions of Section 20-1-90 of the Weld County Code. Additionally, no road impact fee credits shall be granted to Mile Hi Investment's successors in interest to the property shown on Exhibit B. Said dedication shall occur no later than September 1, 2013, and prior to the construction of the Project described in Paragraph 3, below. County shall prepare, at its sole cost, the necessary paperwork to effectuate said dedication through a Deed of Dedication. 2. DEDICATION OF THE RIGHT-OF-WAY BY BIG THOMPSON AND DFA: Big Thompson and DFA have dedicated to the public use and benefit the necessary eighty (80) feet of additional right-of-way on the east side of said Union Colony Industrial Park PUDF 13-001, as shown on Exhibit A. Except for the agreement by County to construct the 2013 Project, said dedication is and was made without compensation or other consideration, and without Big Thompson and/or DFA being granted road impact fee credits pursuant to the provisions of Section 20-1-90 of the Weld County Code. Additionally, no road impact fee credits shall be granted to Big Thompson's and/or DFA's successors in interest of the lots shown on Exhibit A. 3. PAYMENT OF $200,000 TO COUNTY BY BIG THOMPSON AND DFA: Big Thompson and DFA shall collectively pay to County the sum of $200,000 ($100,000 by Big Thompson and $100,000 by DFA) no later than September 1, 2013, to ensure the inclusion of the design and construction of the Deceleration Lane as part of the 2013 Project. Except for the agreement by County to construct the 2013 Project, said payment will be made by Big Thompson and DFA Without expectation of other consideration by County, and without being granted road impact fee credits pursuant 2 P. to the provisions of Section 20-1-90 of the Weld County Code. Additionally, no road impact fee credits shall be granted to Big Thompson's and/or DFA's successors in interest of the lots shown on Exhibit A. 4. CONSTRUCTION OF THE 2013 PROJECT: County agrees that.in exchange for the dedication of said eighty (80) feet of additional right-of-way by Big Thompson, DFA and Mile Hi Investments, without compensation or other consideration; without Big Thompson, DFA and Mile Hi Investments being granted road impact fee credits pursuant to the provisions of Section 20-1-90 of the Weld County Code; and upon receipt of the payment of $200,000, collectively, by Big Thompson and DFA to County no later than September 1, 2013, County shall design, and construct, at its sole cost, the 2013 Project. 5. RESPONSIBILITY OF COMPLETING OTHER REQUIREMENTS OF PUDF 13- 0001 FINAL PLAT: Regardless of the agreements set forth in this Agreement, Big Thompson and DFA shall continue to be obligated to complete all requirements set forth in the General Notes listed on Exhibit A, including, but not limited to, General Notes F. and G, and shall continue to be obligated to complete the items listed as 1. A through F on the e-mail from Tom Parko, Jr. to Bruce Barker, dated July 17, 2013, a copy of which is attached hereto and referred to herein as "Exhibit C," except to the extent that such items are modified by the terms set forth in this Agreement. County agrees to include the design and construction of the southbound acceleration lane ("the Acceleration Lane") in its project to improve and widen WCR 47 (with County paying all costs of such design and construction); however, if the trigger of 50 vehicles per hour turning right out onto WCR 47 from WCR 62 is met prior to the commencement by County of said project to improve and widen WCR 47, then the owner(s) and/or occupants of the lots shown in Exhibit A that are responsible for triggering the 50 vehicles per hour turning right out onto WCR 47 from WCR 62 shall be responsible to pay for and/or perform the design and construction of the Acceleration Lane at that time. 6. MISCELLANEOUS PROVISIONS: a. Entire Agreement/Modifications. This Agreement contains the entire agreement between the Parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding 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 each of the Parties. Course of conduct, no matter how long, shall not constitute an amendment to this Agreement. b. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part of the Parties to expend funds not otherwise appropriated or budgeted for. c. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shallbe-construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the Parties. d. Governmental Immunity. No portion of this Agreement shall be, deemed to constitute a waiver of any immunities the Parties or their officers or employees may possess under federal or state constitutional, statutory or common law. e. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties and nothing 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 Parties that any individual or entity other than the Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f Execution. This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute one instrument. g• Remedy. If the right-of-way dedication described in Paragraph 1, above, and/or the payment of the $200,000 described in Paragraph 4, above, do(es) not occur, County shall not be obligated to design and construct the 2013 Project; in that event, the responsibility of designing and constructing the Left -Turn Lane and the Deceleration Lane shall revert to DFA and Big Thompson, to be completed no later than December 1, 2013, which responsibility of design and construction may be enforced through injunction action brought in the Weld District Court. IN WITNESS WHEREOF, the Parties hereto execute this Agreement on the day first above written. ATTEST: CLERK TO THE BOARD By: THE COUNTY OF WELD, a political subdivision of the STATE OF COLORADO Esther Gesick, Deputy Cle& to fa Al William Garcia, Cl airman, Board of County Commissioners of Weld County SEP 042013 4 KATHRYN L HERDER NOTARY PUBLIC STATE OF COLORADO NOTARY 1020104018130 MY COPAISSION EIIREs 07/13/2014 STATE OF COLORADO ) County of Weld ) ss. My commission expires: 1.13.2014 BIG THOMPSONINVESTMENT HOLDINGS, LLC By; d J1 / 6g+ : Pt-J.44n 2 Mark Goldstein,'Ma� STATE OF COLORADO ) County of Weld ) ss. The foregoing signature was acknowledged before me this 2O day of 14%t VS* , 2013, by Mark Goldstein, Manager, Big Thompson Investment Holdings LLC. O Witness my hand and official seal this 2'yy��(( day of It6AVS+ , A.D., d� � , L. �d My commission expires: 1. L3^ 2014 MILE HI INVESTMENTS, LLC By: 4/t%JA )1 C Mark Goldstein, IVf The foregoing signature was acknowledged before me this day of A rlSr 2013, by Mark Goldstein, Manager, Mile Hi Investments LLC. U 14) Witness my hand and official seal th•is 7,.. day of AU , A.D., . 01/114, L.I4etlf KATHRYN L HERDER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104018139 d4Y COMMISSION EXPIRES OTI1312014 5 DAIRY F D President and COO STATE OF COLORADO ) County of Weld ) ss. �J 2 The foregoing signature was acknowledged before me this 1 day ofj' 2013, by Dennis Rodenbaugh, Senior Vice President and COO, Dairy Farmers of America, Inc. Witness my hand and official seal this day ofAigta-- , A.D., RICA, INC. gh, Senior Vice My commission expires:4".20-20 1 alatkOlAk- AtiNOTARY MALLORY STADO TE OF IDC��R� GonimPaton Opine April_20, 2018 GX.VcLB 6T ei bi t11�ii�`:' i1ij!4I:iI 1' ' 9 Yi YY!lilryto,� • '1y flIYl ! ;fi yI. 9s` �,14P,1°I !1! Pii i!••U jIji!i wig ttrEg If 0L�1 tIs 1r i . 4'�, fl Id II ii i iii4'7 i i f i i y' liy, 1° : 'fi y , lit If 3 � q_ , y? a � i' ;Oil r i '° i iiF�y"i I !t�f ii.-�f4� iI I� �! !t �i s 41,16 • iat3 f I+`il� r sY f iiro; iy. 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Y iii ii;MYR e 1 t ;IN !0,1yd`r. 3 N is a e Yg i! �- a @' w� e -IN Ili! :01q11 1g out Ia l liiie6 !I fie fig �b€�ll.?. i5?i ti!piepd '"., i 6 it ■a[ �q1 aii tl•gL_yypE=Big I. 9- -t 7,t CQ H co �E- z ae 00 rz wo 3-4 05-100t 2130•003 jpy, 0033 Aft 1010-00 00 01-0g 001013 -00 020.0013 011 10.0013.1 1100333100 10001000 DO Mt 110. MAIN ac, na 110 OMNI.; 4601 s2 CX�t01T "a" From: Tom Parko Jr. Sent Wednesday, July 17, 2013 8:20 AM To: Bruce Barker Subject: Outstanding Items Bruce - See below. We moved these items under "prior to the issuance of a TCO'. They were originally under "Prior to recording the final plat'. We did this because DFA needed a reception number for closing. worked this through Kirkmeyer, Brad Yatabe, Elizabeth Relford and Chris Gathman. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Issuance of Temporary Certificate of Occupancy: A. The applicant submitted a "Final Drainage Report" dated 4/25/2013 signed and stamped by Chad Te Velde, PE #45122. Please submit a revised drainage report and plans addressing the redlines that were sent to the engineer. A Final Drainage Report must be approved by the Department of Public Works before recording the final plat. (Department of Public Works) B. The applicant is required to enter into an Improvements and Road Maintenance Agreement for the onsite and offsite improvements. The Improvements will include both upfront requirements as well as triggers for onsite and offsite roadway upgrades and auxiliary lanes. Collateral needs to be submitted to and accepted by the Weld County Board of County Commissioners prior to recording of the plat. (Department of Public Works) C. Construction plans for all subdivision and off -site improvements (roadways, drainage, etc.) are required. The plans must be signed and stamped by a professional engineer registered to practice in the State of Colorado. (Department of Public Works) D. The applicant shall submit evidence that the changes to the Restrictive Covenants and Commercial/Industrial Owners Association Incorporation paperwork for the Union Colony Industrial Park PUD have been incorporated. Any changes requested by the Weld County Attorney's Office and Weld County Staff shall be incorporated. Upon finalizing the covenants, the applicant shall submit finalized copies and the appropriate fee ($11 for the first page and $5 for each additional page) to the Department of Planning Services for recording the Restrictive Covenants for Union Colony Industrial Park PUD in the Office of the Clerk and Recorder. (Department of Planning Services) E. A Sign Plan per the current edition of the MUTCD is required as part of the final roadway plans. The Sign Plan may Include street names, stop, yield, no outlet or other associated subdivision signing. Written evidence of Public Works approval shall be submitted to the Department of Planning Services. (Department of Public Works) F. The applicant shall submit copies of the finalized water agreement with the North Weld County Water District. (Department of Planning Services) Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue L 31T"C•u Greeley, CO. 80631 Office: 970-353-6100, ext 3572 Mobile: 970-302-5333 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. DEED OF DEDICATION FOR PUBLIC HIGHWAY THIS DEED, made this 3� day of g47, 201,✓' between Mile Hi Investments, LLC., "Grantor" whose legal address is PO Box 213180, Fort Collins, Colorado 80527, and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, (Grantee), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and inconsideration of the sum of Ten Dollars and no/100 $10 the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Highway, free and clear of all liens and encumbrances and warrants title to that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown if the attached Exhibit "A" EXCEPTING existing easements of record, and RESERVING unto Grantors the mineral estate under said property, including oil, gas and any and all water tights currently attached or associated with said property, except as required to sustain the integrity of the Public Highway MILE HI INVESTMENTS, LLC Q J Mark S. Goldst n, alter Soar pnlinei .3, .2D13 Date STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 3 day of S ow' , 2013 by Mile Hi Investments, LLC, by Mark S. GoldstejinOwner. Witness my hand and official seal. My commission expires: 1. 3.204 3962794 Pages: 1 of 4 09/11/2013 10:59 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO II III Nota ;es L Ai/ I flATHRYN I., HERDER NOTARY NletIC STATE OF COLORADO NOTARY ID 2010401813 RN C0MMISN0N WPM MON c0/3- a419P ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way), pursuant to Colorado Revised Statute 43-2-201(l)(a). Dated this 4th day of September Al !EST:0141-A.PQ:"...,.9,- CLERK TO THE`1OARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD BY: Deputy Clerk tithe Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) , 201 3 COUNTY OF WELD, A BODY RPORATE AND POLITIC OF THE TE OF COLORADO William F. Garcia, Chair BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD SEP 0 4 2013 The foregoing instrument was acknowledged before me this 4th day of September , 2013; , bywiiliam F, Garc4Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. My commission expires: I )-151.-XiL.p Page 2 of 2 pages 3962794 Pages: 2 of 4 09/11/2013 10:59 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO TAMMY LEE WATERS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124078542 MY C0MMISSIN EXPIRES DECEMBER 5, 2016 aoi3- aliPe EXHIBIT -A NE I/4 S2-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. SAID PARCEL IS BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID EAST ONE-HALF. BOUNDED ON THE EAST BY A LINE 30.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID EAST ONE-HALF, BOUNDED ON THE SOUTH BY THE NORTHERLY LINE OF THE GREELEY-WELD COUNTY AIRPORT AUTHORITY AS RECORDED UNDER RECEPTION NO. 2099888 AND BOUNDED ON THE WEST BY A LINE 110.00 FEET WEST AND PARALLEL TO THE EAST LINE OF SAID EAST ONE-HALF AND BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3898362 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 80.00 FEET OF THE EAST 110.00 FEET OF SAID PARCEL. SAID PARCEL CONTAINS 200,341.44 sf. OR 4.60 oc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 Pages: 3 °f 0.0m 09%11/2013 10:59 API R Fee:S Steve Moreno, Clerk end Recorder, Weld County, CO fIlle alitli i� tig10� ru�+i"i l 0111XIrMAII 111 RIGHT OF WAY DEDICATION MILE -HI INVESTMENT LLC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 7-22-13 DRAWN BY: JIIE SHEET: 1 of 2 EXHIBIT -A NE 1/4 S2-T5N-R65W SE 1%4 SiY7!4 ' ' S35-T6,N-R& W 60 1 S36 76.N'-R65ii' NE COR S2-T5N-R65W FND 3 1/4" ALUM. CAP STAMPED LS#10855 NE .1/4 S2-T5N-R65W MILE HIGH INVESTMENTS LLC RECP.# 3898362 RIGHT—OF—WAY DEDICATED 200,341.44 sf. OR 4.60 oc.t GREELEY WELD COUNTY AIRPORT AUTHORITY RIGHT OF WAY DEDICATION MILE -HI INVESTMENT LLC WELD COUNTY, COLORADO 80' 30' 80' SE COR S2-T5N-R65W FND 2h" ALUM. CAP STAMPED POWERS ELV. LSI23501 3962794 Pages: 4 of 4 09/11/2013 10:59 All R Fee:$0.00 Steve Moreno: Clerk and Recorder, Wald County, CO VIII 41u1rlAII !IN IA II II! "T r. I. LEXISTING 60' ROW BK-1/PG-203 JUL. 28, 1873 LDS CHURCH KW 1/4 SI-751v-R65IV i-i--EXISTING 60' ROW ' I RD.BK.2/PG.192 JAN. 23, 1878 girj i .,Ii III I .,1/4) - NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: 1"=400 DATE: 7-22-13 DRAWN BY: JHB SHEET: 2 oft EXHIBIT C ''AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY (WIDENING OF COUNTY ROAD 44) s:>� THIS AGREEMENT is made and entered into effective as of the 1/S°' day of September, 2017 (the "Effective Date"), by and between JOSE CERVANTES whose address is 16474 Weld County Road 44, LaSalle, CO 80645 ("Cervantes") and Peckham Development Corporation, a Colorado Corporation the address of which is P.O. Box 273180, Fort Collins, CO 80527 ("Peckham"). WITNESSETH: WHEREAS, Cervantes owns a parcel of real property described in the attached Exhibit "A" (the "Cervantes Property"), and WHEREAS, Weld County (the "County") finds it necessary to widen Weld County Road 44 ("WCR44"), and WHEREAS, Peckham will complete the widening of WCR 44 and the construction of Niobrara Boulevard ("Niobrara") for and on behalf of the County (the "Project"), and WHEREAS, Peckham requires a Temporary Construction Easement and the County requires a Deed of Dedication over, across and upon that portion of the Cervantes Property legally described on Exhibit "B" (the "Public Road Right -of -Way") in order to complete the Project. NOW, THEREFORE, Cervantes agrees to sell at closing and Peckham agrees to purchase the Public Road Right -of -Way for the sum of $60,000.00 (the`PunchasePrice'). The parties acknowledge and agree that the Purchase Price and the covenants, promises and agreements hereinafter set forth represent full, fair, valuable, and adequate consideration for the Public Road Right -of -Way. A. CERVANTES' RIGHTS AND RESPONSIBILITIES: I. Cervantes warrants that he is the ownerofthe Public Road Right -of -Way and will defend title thereto against all claims. 2. Cervantes agrees to grant the Public Road Right -of -Way to Peckham and the County by Grant of Easement and Deed of Dedication, in the forms attached hereto as Exhibits "C" and "D" (the "Transfer Documents") free and clear of all liens and encumbrances. 3. Cervantes shall retain the mineral estate under the Public Road Right -of -Way and shall also retain any water rights currently attached to or associated with the Public Right -of -Way. 4. Cervantes shall deliver the fully executed Transfer Documents for the Public Road Right -of -Way to Peckham at closing which shall be on a date specified in a written Notice of Closing to be given by Peckham to Cervantes or on the last business day that is within thirty (30) days following the Effective Date of this Agreement, whichever date first occurs. Peckham shall designate the time and location of the closing in the Notice of Closing. 5. Cervantes shall pay any encumbrance against the Public Road Right -of -Way or obtain the release of the Public Road Right -of -Way from such encumbrance and shall pay any past due property taxes (and interest and penalties thereon), on or before the date of closing. B. PECKHAM'S RIGHTS AND RESPONSIBILITIES: 1. Peckham shall at cking pay the Purchase Price to the Cervantes for the Public Road Right -of -Way. 2. Peckham shall at closing pay all fees associated with recording the Transfer Documents. 3. Peckham shall at closing pay for the cost of obtaining title insurance if Peckham desires to obtain title insurance for the Public Road Right -of -Way. 4. Peckham, at its sole cost and expense, shall install a dirt berm approximately 1.5 feet high (the "Berm") and privacy fence approximately 6-8 feet in height along the West side of the Cervantes Property and a privacy fence approximately 6-8 feet in height along the North side of the Cervantes Property (the "Fence") within a reasonable period of time after Peckham completes the Project. The Fence along the North side of the Cervantes Property will include a gate at the Cervantes driveway. The Berm and Fence along the West Side of the Cervantes Property will be on a strip of land between the West boundary of the Cervantes Property and the East edge of Niobrara as shown on Exhibit "E" (the "Peckham Strip"). Peckham shall deed the Peckham Strip to Cervantes in fee within ninety (90) days following the Effective Date of this Agreement.. 5. Peckham, at its sole cost and expense, will plant approximately ten (10) Colorado Blue Spruce Trees along the west side of the Cervantes Property and ten (10) Maple Trees along the north side. Said trees shall be approximately six (6) feet in height and planted on the Cervantes Property inside of the fence. The planting will occur in the Spring of 2018. Cervantes shall be responsible for watering the trees to keep them healthy. 6. As part of the Project Peckham, at its sole cost and expense, shall relocate the Central Weld County Water District (the "Water "District") water meter. Peckham will coordinate with Cervantes once the date of the relocation has been set by the Water District. 7. As part of the Project Peckham, at its sole cost and expense, shall replace the culvert under the Cervantes driveway (the "Culvert"). Peckham will coordinate with Cervantes on a date and time for the replacement of the Culvert in order to minimize disruption to Cervantes. Peckham will provide Cervantes parking if needed in the Weld County Industrial Park during the time the Culvert is being replaced. C. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right -of -Way and Temporary Construction Easement made pursuant to the terms hereof, shalt be binding upon and inure to the benefitofand be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement sets forth the entire understanding between the parties regarding the subject matter hereof and all prior agreements, understandings and conversations regarding the same are merged herein. This Agreement may not be modified, amended, supplemented, canceled or discharged, except by written instrument executed by both parties. No failure to exercise and no delay in exercising, any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any provision shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision, nor shall any waiver be implied from any course of dealing between the parties. No extension of time for performance of any obligations or other acts hereunder shall be deemed to be an extension of the time for performance of any other obligations or any other acts. The rights and remedies of the parties under this Agreement are in addition to all other rights and remedies, at law or equity that they may have against each other. 3. The parties have jointly participated in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumptions or burdens of proof shall arise favoring either party by virtue of the authorship of any of the provisions of this Agreement. If any word, phrase, sentence, clause, section, subsection or provision of this Agreement as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause, section, subsection or provision of this Agreement, and the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement or judicial reaffirmation of the invalid provision. 4. This Agreement is made and entered into in Weld County, Colorado and is governed by and its terms shall be construed under the laws of the State of Colorado. Any action relating to this Agreement shall be brought and prosecuted only in the courts of the County of Weld, State of Colorado, and each party waives any right or claim of right to elect or require action to be brought or maintained, or venue changed, to any other place. To the full extent permitted by law, the parties hereby knowingly, intentionally and voluntarily, waive, relinquish and forever forgo the right to a trial by jury in any action or proceeding, including, without limitation, any tort action, based upon, arising out of, or in any way relating to or in connection with this Agreement and any of the related documents, the transactions which are the subject hereof, or any course of conduct, act, omission, course of dealing, statements (whether verbal or written) or actions of any person in connection with this Agreement or the related documents, including, without limitation, in any counterclaim which any party may be permitted to assert thereunder, whether sounding in contract, tort or otherwise. 5. Neither party to this agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond his or its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or governmental actions. 6. Cervantes and Peckham shall act in good faith and use commercially reasonable efforts to allow the Project to be completed without delay. Cervantes and the Peckham shall cooperate each with the other after the date of closing to effectuate the terms and provisions of this Agreement and to execute any and all additional documents or take such additional action as may be reasonably necessary or appropriate to effectuate the terms of this Agreement. 7. The terms and provisions of this Agreement shall survive the closing of this transaction and shall not merge into the various document and instruments executed at the time of closing. 8. In the event of default by either party in the performance of his or its obligations under this Agreement, the non -defaulting party shall have the right to an action for specific performance or damages or both. 9. In the event of any litigation arising out of this Agreement the Court shall award to the party that substantially prevails in such litigation all costs and reasonable attorney's fees. 10. This Agreement may be executed in two or more counterparts, each of which shall be an original, with the same effect as if the signatures were on the same instrument, and shall become effective when one or more counterparts have been signed by each of the parties and delivered by each party to the other parties. Delivery of this Agreement by facsimile transmission, email or other electronic means ("Electronic Delivery") containing the signature of a party shall be deemed delivery of an original signature. If delivery is so made by Electronic Delivery, the parties agree, upon the request of either party to exchange documents bearing the original signatures, but such exchange is not required and delivery by Electronic Delivery shall constitute delivery without regard to subsequent exchange of documents bearing the original signatures. 11. Each party represents and warrants to the other party that (a) before executing this Agreement, said party has fully informed himself or itself of the terms, contents, conditions and effects of this Agreement; (b) said party has relied solely and completely on his or its own judgment in executing this Agreement; (c) said party has had the opportunity to obtain the advice of counsel before executing this Agreement; (d) said party has acted voluntarily and of his or its own free will in executing this Agreement; (e) said party is not acting under duress, whether economic or physical, in executing this Agreement; and (0 this Agreement is the result of arm's length negotiations conducted by and between the parties and their respective counsel. IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth after each party's name hereinafter. a4t4LI y- .7 e Cervantes Date Peckham Development Corporation By:44 t�- Mark Goldstein, President Date PROPERTY: CERVANTES, JOSE EXHIBIT "A" LEGAL DESCRIPTION That part of the NE 1/4 of the NW A% of Section 23, Township 4 North,Range 66 West of the 6th P.M., Weld County, Colorado, more particularly described as follows: Commencing at the Quarter Section corner common to Sections 14 and 23, Township4 North, Range 66 West (the same being the Northeast corner of the NE 1/4 of the NW 1/4 of said Section 23) thence South along the East line of said NW 1/4 of Section 23, 120 feet, more or less to the point of intersection of said line with the center of the North bank of the canal of the Western Mutual Ditch Company as located on December 15,1927; thence Southwesterly along said canal bank 203 feet; thence Northerly 147 feet, more or less, to a point on the North line of Section 23, 202 feet West from the point of beginning; thence East 202 feet to the Point of Beginning. County of Weld, State of Colorado. TEMPORARY CONSTRUCTION EASEMENT (Roadway Extension) For and in consideration of the sum of $10.00 (Ten Dollars) and other good and vaivakle consideration, the receipt and sufficiency of which are hereby acknowledged, , ("Grantor") hereby grants, bargains, sells, assigns and conveys to Peckham Development Corporation, a Colorado corporation whose address is P.O. Box 273180, Fort Collins, Colorado 80527 ("Grantee"), an exclusive temporary construction easement over, across and upon the real estate, legally described on the attached Exhibit "A" (the "Land") together with full rights of ingress and egress to and from the Land for the purposes hereafter specified. The easement is granted for the purpose of providing Grantee, its employees, agents, contractors and licensees the right to build, construct, maintain, improve and widen County Road 44 to the dimensions specified in Exhibit "A" It is the understanding of the parties hereto, that the interest herein conveyed is an exclusive easement for the purpose of constructing, improving, maintaining, and widening a public road way. Nothing herein shall be construed as conveying a fee interest in the surface estate or any of the subsurface, including any and all oil, gas, and other minerals in and underlying said right of way. Grantee shall have the right to use only so much of the surface and subsurface as is necessary to construct, improve, maintain, widen and operate the roadway. The casement and right-of-way granted herein shall be effective upon the execution and delivery of this instrument by the Grantor and shall remain in effect until construction of County Road 44 is complete or until December 31, 2019, which ever date first occurs. This easement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. Ire `iwe EXECUTED AND DELIVERED this day of -August, 2017. GRANTOR: GRANTEE: Peckham Development Cp o L on By: Mark Goldstein, President STATE OF COLORADO COUNTY OF WL/ )ss /Th� forepoi�ng in men was acknowledged before me this day of #a nst, 2017, by WITNESS my hand and official seat. My commission expires: C . ." c I A BERRY NOTARY PUBLIC STATE OF COLORADO to7TARY IO y0D 40074B3 „ti ' COMMISSION EIRE, MARCH 30, 2021 STATE OF COLORADO ) ss COUNTY OF ) Notary Public The foregoing instrument was acknowledged before me this _ day of August, 2017 by Mark Goldstein, President, Peckham Development Corporation, a Colorado corporation. WITNESS my hand and official seal. My commission expires: Notary Public w CR- Crav fin-{ es Escwf: bn�$ ft, -4tva NE NORTHERN ENGINEERING DESCRIPTION: A tract of land being a portion of that tract of land described at Weld County Reception No. 3413201, located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Considering the North line of the Northwest Quarter of Section 23 as bearing North 89° 56' 16" East, being monumented at the North Quarter corner of Section 23 by a #6 rebar with an illegible 2 %2" aluminum cap and the Northwest corner of Section 23 by a #6 rebar with a 2 %2" aluminum cap, PLS 34176 and with all bearings contained herein relative thereto: COMMENCING at the North Quarter corner of Section 23, thence along the East line of the Reception No. 3413201, South 00° 01' 20" East, 30.00 feet to the South right-of-way line of Weld County Road #44, said point being the POINT OF BEGINNING; thence continuing along said East line, South 00° 01' 20" East, 10.00 feet; thence, South 89° 56' 16" West, 202.85 feet; thence along a curve concave to the southeast having a central angle of 44° 24' 55" with a radius of 35.00 feet, an arc length of 27.13 feet and the chord of which bears North 67° 43' 48" East, 26.46 feet to a point on the South right-of-way line of Weld County Road #44; thence along said South line, North 89° 56' 16" East, 178.36 feet to the POINT OF BEGINNING. The above described tract of land contains 1,952 square feet or 0.045 acres, more or less and is subject to all easements and rights -of -way now on record or existing. LMS September 12, 2017 S:1Survey Jobs1694-0051Dwg1Exhibits\694-005 Exhibit Description 4 3-15-17.docx PAGE 1 OF 2 301 N. Howes Street, Suite 100, Fort Collins, CO 80521 I 970.221.4158 I www.northernengineering.com 558un.y Jobs%94W511)4 Exhibrs1841-O05 Exhibit 2 315-17.dw4 91171!611 161267 AM 1:1 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT: 50$c._ C2/t S ("Grantor") the address of which is 7q , CO SUg'4(c- , for and in consideration of the sum of Ten Dollars ($10) in hand paid and other good and valuable consideration the receipt and adequacy of which are hereby confessed and acknowledged does hereby grant, bargain, sell, convey, dedicate and transfer to WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado ("Grantee"), the address of which is 1 150 "0" Street, Greeley, CO 80631, all of the real property legally described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); AND WARRANTS TITLE to the Property free and clear of all liens and encumbrances. Dated this 1. day of SC ie sikb-t-ta , 2017.--�-- a By: Name: -1))-e. 64/i,c.vd-tS Title: STATE OF COLORADO ) )ss: COUNTY OF (.aik^) as he foregoing instrument rrt1 was acknowledged befo • me tliy dQy of , 2017, by DS -e.. ( /_,At_-1�:�LA tZ4/ of ti Witness my hand and official seal My Commission Expires: _ MY A BERRY NOTARY PUBLIC STATE OF COLORADO NOT RRY�iD 20014q p7�4�9�3 NOT EXPIRES MA>i'i33. 202i r ti NotaryPublic W OR 44- Canines (LO tv NA NORTHERN ENGINEERING E.-4_ A, DESCRIPTION: A tract of land being a portion of that tract of land described at Weld County Reception No. 3413201, located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Considering the North line of the Northwest Quarter of Section 23 as bearing North 89° 56' 16" East, being monumented at the North Quarter corner of Section 23 by a #6 rebar with an illegible 2 %2" aluminum cap and the Northwest corner of Section 23 by a #6 rebar with a 2 1/2" aluminum cap, PLS 34176 and with all bearings contained herein relative thereto: COMMENCING at the North Quarter corner of Section 23, thence along the North line of the Northwest Quarter, South 89° 56' 16" West, 204.00 feet; thence, South 00° 01' 20" East, 30.00 feet to the South right-of-way line of Weld County Road #44, said point being the POINT OF BEGINNING; thence along said South right-of-way line, North 89° 56' 16" East, 25.61 feet; thence along a curve concave to the southeast having a central angle of 47° 02' 04" with a radius of 35.00 feet, an arc length of 28.73 feet and the chord of which bears South 66° 25' 14" West, 27.93 feet; thence, North 00° 04' 05" West, 11.15 feet to the POINT OF BEGINNING. The above described tract of land contains 88 square feet or 0.002 acres, more or less and is subject to all easements and rights -of -way now on record or existing. LMS September 12, 2017 S:1Survey Jobs1694-0051Dwg1Exhibits1694-005 Exhibit Description 6 8-24-17.docx PAGE 1 OF 2 301 N. Howes Street, Suite 100, Fort Collins, CO 80521 970.221.4158 www.northernengineering.com &MilrayJobal894-0051O.4alibils1694-005 EEhibi 23-16.17 wg, 9/12/20}7 10 22 57 /11.11 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above dedication of property as Public Rights -of -Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this day of , 2017. ATTEST: WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC OF THE CLERK TO THE BOARD: STATE OF COLORADO By: By: Deputy Clerk to the Board Chairman STATE OF COLORADO ) )ss: COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of September, 2017, by , Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO. Witness my hand and official seal. My Commission Expires: Notary Public 2 6t,lotkr ALA. $'}r •i, +U 44. NORTHERN ENGINEERING DESCRIPTION: iii°'3 la I +v A tract of land being a portion of Lot A, Recorded Exemption No. 1057-23-2-RE1177, recorded at Reception No. 02185517 at the Weld County Clerk and Recorder, located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Considering the North line of the Northwest Quarter of Section 23 as bearing North 89° 56' 16" East, being monumented at the North Quarter corner of Section 23 by a #6 rebar with an illegible 2 %2" aluminum cap and the Northwest corner of Section 23 by a #6 rebar with a 2 %2" aluminum cap, PLS 34176 and with all bearings contained herein relative thereto: COMMENCING'at the Northeast corner of Lot A, Recorded Exemption No. 1057-23-2- RE1177, which bears South 89° 56' 16" West, 204.00 feet from the North Quarter corner of Section 23; thence along the East line of said Lot A, South 00° 04' 05" East, 41.15 feet to the POINT OF BEGINNING; thence, continuing along said East line, thence, South 00° 04' 05" East, 108.37 feet; thence, South 80° 46' 05" West, 9.88 feet; thence, North 00° 10' 15" East, 86.24 feet; thence along a curve concave to the southeast having a central angle of 42° 43' 57" with a radius of 35.00 feet, an arc length of 26.10 feet and the chord of which bears North 21° 32' 13" East, 25.50 feet to the POINT OF BEGINNING. The above described tract of land contains 970 square feet or 0.022 acres, more or less, and is subject to all easements and rights -of -way now on record or existing. LMS September 12, 2017 S:1Survcy Jobs\694-0051Dwg\Exhibits\694-005 Lot A Exhibit Description 2.docx PAGE 1 OF 2 301 N. Howes Street, Suite 100, Fort Collins, CO 80521 I 970.221.4158 www.northernengineering.com I EXHIBIT A TRACT OF LAND BEING A PORTION OF LOT 'A', RECORDED EXEMPTION NO. 1057-23-2-RE1177, LOCATED IN THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO I 0 0 NORTHWEST CORNER NORTHWEST4 SECTION 23-4.88 BASIS OF BEARINGS END. 2}•ALUMINUM CAP PLS 34178 SOUTH ROW LINE POINT OF NORTH UNE OF THE ^ COMMENCEMENT WELD COUNTY ROAD #44 NB8'0016'E_ ROW LOT 'B' RECORDED EXEMPTION NO. 1057 -23 -2 -RE 1177 100 Feet ( U.S SURVEY FEET ) 1 inch .. 100 ft. LOT 'A' RECORDED EXEMPTION • NO. 1057 -23 -2 -RE 1177 PAGE 2 OF 2 NO0'OPO5 W 41.15^� NORTHEAST CORNER 101W _ POINT OF BEGINNING 204.08'_ C1-1 i AREA �_-970 sq. ft. . 0.022 ac. REC. NO. 3413201 LOT C' RECORDED EXEMPTION NO. 1057-23400-060 RECX15-0172 CURVE TABLE CURVE DELTA RADIUS LENGTH BEARING CHORD CI 42.435r 3590' 28.10' N2I.3213'E 28.50' NOTE: TIES EXHIBIT IS NOT INTENDED TO BEA MONUMENTED LAND SURVEY. ITS SOLE PURPOSE IS AS GRAPHIC REPRESENTATION TO AID IN THE WSIAUZATION OF THE WRITTEN PROPERTY DESCRIPTION WHICH R ACCOMPANIES. THE WRITTEN PROPERTY DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING. NORTH} CORNER SECTION 23-448 END. 2}' ALUMINUM CAP (ILLEGIBLE) LINE TABLE UNE LENGTH SEARING LI 10837' S00.0005•E L2 898' 580' 48'06-W 1.3 88.24' NOD' 10' WE Nn NORTHERN ENGINEERING EXHIBIT D REAL ESTATE EXCHANGE AGREEMENT THIS REAL ESTATE EXCHANGE AGREEMENT (this "Agreement") is made and entered into this 2nd day of October, 2017, by and between PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership ("Petrocco") and PECKHAM DEVELOPMENT CORPORATION, a Colorado corporation ("Peckham"). RECITALS A. Petrocco is the owner of the real property located in the County of Weld, State of Colorado, described as follows (the "Petrocco Property"): Lot B, Recorded Exemption No. 1057 -23 -2 -RE -1177 recorded July 18, 1989 in Book 1238 at Reception No. 2185517 B. Peckham is the owner of the real property located in the County of Weld, State of Colorado, described as follows (the "Peckham Property"), and further described on Exhibit G hereto: All that portion of Lot A, Recorded Exemption No. 1057 -23 -2 -RE -1177 recorded July 18, 1989 in Book 1238 at Reception No. 2185517 lying west of the westerly most boundary of that certain 100 foot Right -of -Way dedicated to Weld County by Peckham in that certain Deed of Dedication recorded February 10, 2017 at Reception No. 4277366 of the Weld County, Colorado records. The Property shall not include and Grantor shall expressly except and reserve to itself and its successors and assigns forever all mineral and mineral rights, including but not limited to all oil, gas, and associated liquid hydrocarbons, sand, gravel and all other minerals lying in, on or under the surface of the Property. [The exact legal description of the Property shall be taken from the Title Commitment to be provided pursuant to Section 4(b) of this Agreement.] C. Petrocco is willing to grant to Peckham a Temporary Construction Easement over and across that portion of the Petrocco Property legally described on Exhibit A attached hereto and incorporated herein by reference (the "Temporary Construction Easement") and to dedicate to Weld County a Right -of -Way over and across that portion of the Petrocco Easements legally described on Exhibit B attached hereto and incorporated herein by reference (the "Right -of -Way") in consideration for the conveyance by Peckham to Petrocco of the Peckham Property. D. The Temporary Construction Easement and the Right -of -Way shall be referred to collectively as the "Petrocco Easements." E. The "Title Company" shall be Stewart Title Guaranty Company, 3711 JFK Parkway, Suite 210, Fort Collins, CO 80525. 10-2-2017 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties agree to be legally bound whereby Petrocco agrees to grant to Peckham the Temporary Construction Easement and to dedicate to Weld County the Right -of -Way and Peckham agrees to convey to Petrocco the Peckham Property on the terms and conditions hereinafter set forth. 1. Valuation. For purposes of this Agreement, the Petrocco Easements shall have a value equal to $175,000.00 and the Peckham Property shall have a value equal to $175,000.00 (the "Exchange Values"). The parties expressly acknowledge and agree that this transaction is being structure as a pure exchange of real estate for real estate to qualify as a tax deferred exchange under Section 1031 of the Internal Revenue Code and the Treasury Regulations promulgated under Section 1031. Peckham agrees to cooperate with Petrocco to execute such additional documents as may be required to structure this transaction as a tax -deferred exchange. 2. Adjustment and Prorations. A. At Closing with respect to the Petrocco Easements: (i) No proration of real property taxes shall be made with respect to the Petrocco Easements. Petrocco shall pay all real property taxes and assessments against the Petrocco Property for the year 2017 when due. (ii) Peckham shall pay all recording and transfer or documentary fees to be paid in connection with the recording of documents conveying or transferring the Petrocco Easements to Peckham and Weld County. (iii) Petrocco shall pay the premium for the Owner's Policy to be delivered to Peckham and Weld County. (iv) Petrocco shall provide a release of the Right -of -Way from all liens and encumbrances. B. At Closing with respect to the Peckham Property: (i) Real Property taxes and assessments against the Peckham Property for the year 2017 shall be prorated to the date of Closing. 10-2-17 2 (ii) Petrocco shall pay all recording and transfer or documentary fees to be paid in connection with the recording of documents conveying or transferring the Peckham Property to Petrocco. (iii) Peckham shall pay the premium for the Owner's Policy to be delivered to Petrocco. date of Closing. (iv) All utilities provided to the Peckham Property shall be prorated to the (v) Peckham shall provide a release of the Peckham Property from all liens and encumbrances. (vi) Peckham shall assign to Petrocco one (1) Central Weld County Water District water tap. C. Other customary prorations shall be made by the Title Company in accordance with customary local practices. Each party shall pay one-half (1/2) of any closing fees charged by Title Company. Each Party shall pay all costs or expenses incurred by either party in connection with the transactions contemplated by this Agreement not adjusted as set forth in this paragraph 2 or not otherwise provided for in this Agreement (including, without limitation, each such party's own legal and other professional fees). 3. Method of Conveyance. The Temporary Construction Easements shall be conveyed by Petrocco to Peckham by Grant of Easement in the form attached hereto as Exhibit C and incorporated herein by reference (the "Grant of Easement") and the Right -of -Way shall be conveyed to Weld County by Deed of Dedication in the form attached hereto as Exhibit D and incorporated herein by reference (the "Deed of Dedication"). The Peckham Property shall be conveyed by Peckham to Petrocco by Special Warranty Deed in the form attached hereto as Exhibit E and incorporated herein by reference. The Parties acknowledge that prior to Closing Peckham will convey to Weld County additional easements and Rights -of -Way along the North and East side of the Peckham Property, which are legally described on Exhibit F, and which shall be additional exceptions to title. 4. Title Insurance. A. Petrocco, at its sole expense, shall deliver to Peckham an ALTA Owner's Title Insurance Policy issued by the Title Company in an amount equal to the Exchange Value of the Petrocco Easements insuring title to the Petrocco Easements (the "Petrocco Owner's Policy"). Within five (5) days following the execution of this Agreement, Petrocco shall deliver to Peckham, or to Peckham's attorney, a Commitment to issue the Petrocco Owner's Policy (the "Petrocco Commitment"). The Petrocco Commitment shall not commit to delete or insure over the standard exceptions. Petrocco shall only be obligated to provide standard owner's title insurance coverage to Peckham. Any additional endorsements desired by Peckham shall be paid for by Peckham. 10-2-17 3 Petrocco shall also deliver to Peckham, concurrently with the Petrocco Commitment, true, complete and correct copies of all documents which are noted as exceptions in the Petrocco Commitment. The Petrocco Commitment shall show title to the Petrocco Easements in Petrocco. Any matters shown in the Petrocco Commitment or any endorsement to the Petrocco Commitment which are not objected to in writing by Peckham within five (5) business days after receipt by Peckham of the Petrocco Commitment shall be deemed Permitted Exceptions. In the event the Petrocco Commitment or any endorsement to the Petrocco Commitment reveals any conditions to which Peckham timely objects as herein provided, Petrocco may, but shall not be obligated to, make reasonable efforts to cure such title conditions. If Petrocco has not cured such title objections prior to the Closing Date Peckham may either waive any such title objections, extend the Closing Date for a maximum of 180 days to allow Petrocco an opportunity to cure the title objections, or terminate this Agreement. B. Peckham, at its sole expense, shall deliver to Petrocco an ALTA Owner's Title Insurance Policy issued by the Title Company in an amount equal to the Exchange Value of the Peckham Property insuring Petrocco's title to the Peckham Property (the "Peckham Owner's Policy"). Within five (5) days following the execution of this Agreement, Peckham shall deliver to Petrocco, or to Petrocco's attorney, a Commitment to issue the Owner's Policy (the "Peckham Commitment"). The Peckham Commitment shall not commit to delete or insure over the standard exceptions. Peckham shall only be obligated to provide standard owner's title insurance coverage to Petrocco. Any additional endorsements desired by Petrocco shall be paid for by Petrocco at Petrocco's sole cost and expense. Peckham shall cooperate with Petrocco and shall execute any documents or instruments reasonably required by the Title Company to cause the standard printed exceptions to be deleted, but Peckham shall not be obligated to obtain a survey or improvement location certificate or incur any additional cost or expense in connection with deletion of the standard printed exceptions. Peckham shall also deliver to Petrocco, concurrently with the Peckham Commitment, true, complete and correct copies of all documents which are noted as exceptions in the Peckham Commitment. The Peckham Commitment shall show title to the Peckham Property in Peckham, subject only to the Permitted Exceptions. Any matters shown on the Peckham Commitment or any endorsement to the Peckham Commitment which are not objected to in writing by Petrocco within five (5) business days after receipt by Petrocco of the Peckham Commitment shall be deemed Permitted Exceptions. In the event the Peckham Commitment or any endorsement to the Peckham Commitment reveals any conditions to which Petrocco timely objects as herein provided, Peckham may, but shall not be obligated to, make reasonable efforts to cure such title conditions. If Peckham has not cured such title objections prior to the Closing Date and Petrocco has not waive such title objections, Petrocco may extend the Closing Date for a maximum of 180 days to allow Peckham an opportunity to cure the title objections, or Petrocco may terminate this Agreement. 5. Closing. Closing of this transaction shall be held on the last business day that is within fifteen (15) days following the execution of this Agreement, at 10:00 a.m., at the offices of 10-2-17 4 Title Company, or such other reasonable time, date or location as the parties may mutually agree upon. The parties shall execute, have acknowledged and deliver to the Title Company such documents and instruments as may be reasonably required by the Title Company to complete the closing of this transaction. 6. Possession and Indemnity. A. Each party, together with any architects, engineers or other agents, independent contractors, employees or other designees or their respective parties, shall have the right, after execution of this Agreement and after advance notice to the other party, to enter upon the property of the other party from time to time, to inspect such property and to acquire engineering, architectural and other data with respect to such property. Possession of the Petrocco Easements shall be delivered to Peckham on the date of Closing free and clear of leases and tenancies. Possession of the Peckham Property shall be delivered to Petrocco upon completion of the construction of all improvements to Weld County Road 44 and Niobrara Boulevard required by Weld County (the "CR 44 Improvements") and acceptance of the CR 44 Improvements by the County or June 1, 2018, whichever date first occurs. Prior to delivery of possession of the Peckham Property to Petrocco, Peckham shall have the right to relocate the existing utility lines and to remove, without replacing, the existing concrete containment bunker on the north side of the building located on the Peckham Property. From the date of Closing until the date on which Petrocco takes possession, Peckham agrees to allow Petrocco concurrent use of the Peckham Property and the right to enter the existing structure, so long as such use by Petrocco does not unreasonably interfere with Peckham's activities on the Peckham Property. B. Peckham agrees to maintain property insurance covering the Peckham Property in an amount and form reasonably acceptable to Petrocco from the date of Closing through the date that Petrocco takes possession, and it shall add Petrocco as an additional insured to said insurance policy. Peckham further agrees to indemnify, hold harmless and, if requested by Petrocco in its sole and absolute discretion, defend (with counsel approved by Petrocco) Petrocco and its officers, partners, subsidiaries, affiliates, family members, agents, attorneys, successors, assigns, contractors, subcontractors and their respective authorized representatives and employees from and against any and all claims, demands, damages, liabilities, judgments, penalties, fines, interest, reasonable attorneys' fees, liens, costs and expenses, arising out of Peckham's continued activities and presence on the Peckham Property after Closing and until delivering possession to Petrocco. The foregoing indemnification and obligations shall survive Closing. C. Peckham agrees to maintain property insurance covering the Temporary Construction Easement in an amount and form reasonably acceptable to Petrocco from the date of Closing through the date that the Temporary Construction Easement terminates according to the terms of the Grant of Easement, and it shall add Petrocco as an additional insured to said insurance policy. Peckham further agrees to indemnify, hold harmless and, if requested by Petrocco in its sole and absolute discretion, defend (with counsel approved by Petrocco) Petrocco and its officers, 10-2-17 5 partners, subsidiaries, affiliates, family members, agents, attorneys, successors, assigns, contractors, subcontractors and their respective authorized representatives and employees from and against any and all claims, demands, damages, liabilities, judgments, penalties, fines, interest, reasonable attorneys' fees, liens, costs and expenses, arising out of Peckham's activities on the Temporary Construction Easement. The foregoing indemnification and obligations shall survive Closing. 7. Inspections. A. With respect to the Petrocco Easements, Peckham shall have the right, at any time and from time to time, from and after the execution of this Agreement and after advance notice to Petrocco, either by itself or through its contractors, agents or employees, to enter upon the Petrocco Property for the purpose of making surveys, soil tests, engineering tests, environmental audits and tests, and general inspections of any kind or nature and any other inspection or investigations it deems necessary or appropriate in connection with the intended acquisition and use of the Petrocco Easements. However, the right of Peckham to so inspect or investigate the Petrocco Easements shall not constitute a contingency for the benefit of Peckham with respect to the Petrocco Easements, and Peckham hereby expressly represents that it accepts the condition of same as of the date of this Agreement. Peckham hereby agrees to indemnify and hold Petrocco and its agents harmless from and against any liability or loss arising out of injury to any person or damage to any property incurred on or about the Petrocco Property, resulting from any activities performed or caused to be performed by Peckham pursuant to this paragraph, between the date hereof and the date of Closing, and against any claim for compensation or otherwise by any person or entity which performs any such work, or provides any such services, and Peckham will promptly discharge, at its expense, any mechanic's lien filed by any such person or entity. The foregoing indemnification and obligations shall survive Closing and/or termination of this Agreement. Peckham acknowledges and agrees that except as specifically set forth elsewhere in this Agreement, Petrocco has not made and does not make any representations, warranties, promises, covenants or agreements of any kind or nature, whether express or implied, oral or written, concerning or with respect to the condition of the Petrocco Easements. B. With respect to the Peckham Property, Petrocco shall have the right, at any time and from time to time, from and after the execution of this Agreement and after advance notice to Peckham, either by itself or through its contractors, agents or employees, to enter upon the Peckham Property for the purpose of making surveys, soil tests, engineering tests, environmental audits and tests, and general inspections of any kind or nature and any other inspection or investigations it deems necessary or appropriate in connection with the intended acquisition and potential use of the Peckham Property. However, the right of Petrocco to so inspect or investigate the Peckham Property shall not constitute a contingency for the benefit of Petrocco with respect to the Peckham Property, and Petrocco hereby expressly represents that it accepts the condition of same as of the date of this Agreement. 10-2-17 6 Petrocco hereby agrees to indemnify and hold Peckham and its officers and agents harmless from and against any liability or loss arising out of injury to any person or damage to any property incurred on or about the Peckham Property, resulting from any activities performed or caused to be performed by Petrocco pursuant to this paragraph, between the date hereof and the date of Closing, and against any claim for compensation or otherwise by any person or entity which performs any such work, or provides any such services, and Petrocco will promptly discharge, at his expense, any mechanic's lien filed by any such person or entity. The foregoing indemnification and obligations shall survive Closing and/or termination of this Agreement. Petrocco acknowledges and agrees that except as specifically set forth elsewhere in this Agreement, Peckham has not made and does not make any representations, warranties, promises, covenants or agreements of any kind or nature, whether express or implied, oral or written, concerning or with respect to the quality or condition of the Peckham Property or any improvements thereon. 8. Condition of Property. A. Peckham acknowledges that it is acquiring the Petrocco Easements "AS IS" and that it has carefully and thoroughly made every investigation and inquiry concerning all aspects of the Petrocco Easements which are or may be of concern to it, including, but not limited to, the condition of the Petrocco Easements, the value of the Petrocco Easements, the location of boundaries of the Petrocco Easements, zoning classification and building code requirements of the Petrocco Easements and the environmental condition of the Petrocco Easements, and any and all other matters of things relating to the Petrocco Easements. Petrocco acknowledges that it is acquiring the Peckham Property "AS IS" and that he has carefully and thoroughly made every investigation and inquiry concerning all aspects of the Peckham Property and all improvements thereon which are or may be of concern to it, including, but not limited to, the condition of the Peckham Property, the value of the Peckham Property, the location of boundaries of the Peckham Property, zoning classification and building code requirements of the Peckham Property and the environmental condition of the Peckham Property, and any and all other matters of things relating to the Peckham Property. C. The transactions and conveyances contemplated by this Agreement may require subdivision or similar county approval. Peckham shall use its best efforts to obtain, at its sole cost and expense, any and all necessary governmental approvals as soon as possible following Closing, including an amendment to the Recorded Exemption No. 1057 -23 -2 -RE 1177 recorded at Weld County Reception No. 2185517, or any other procedure deemed necessary by the County to bring the Petrocco Property and Peckham Property into regulatory compliance. Upon completion of Niobrara Blvd. the existing building may not meet current setbacks. Petrocco shall have the right to determine, in its sole and absolute discretion, whether it wishes to have the existing building and septic tank and any related facilities removed by Peckham at its sole cost and expense. Upon notification from Petrocco that it wishes to have the building, septic 10-2-17 7 tank and related facilities removed, Peckham shall promptly remove said building and facilities and shall be responsible for obtaining any necessary permits or approvals in connection therewith. Such removal shall be done in a good and workmanlike manner in such a way as to leave the property in a "vacant" condition. If Petrocco decides to allow the building and related facilities to remain in place, and it is later determined that a violation is created thereby, then at that time, Peckham agrees to take any action necessary to bring the applicable portion of the Petrocco Property and Peckham Property into conformance with allowable setbacks or variances at its sole cost and expense; provided, however, that Peckham shall not be required to move or reconstruct the building. Petrocco shall act in good faith and cooperate with Peckham to obtain subdivision approval and/or a setback variance, which may include by example and not limitation signing of applications, so long as Petrocco does not incur any expense. The provisions of this Section 8(C) shall survive the Closing of this Agreement. 9. Remedies Upon Default. In the event of default by either party in the performance of its obligations under this Agreement, the non -defaulting party shall have the right to an action for specific performance or damages or both. In the event of any litigation arising out of this Agreement, the Court shall award to the party that substantially prevails in such litigation all costs and reasonable attorneys' fees. 10. Notices. Any notice or other communication given by either party to the other relating to this Agreement shall be in writing, and shall be delivered in person, sent by certified mail, return receipt requested, sent by reputable overnight courier, or sent by facsimile transmission or electronic mail (with evidence of such transmission received) to such other party at the respective addresses set forth below (or at such other address as may be designated from time to time by written notice given in the manner provided herein). Such notice shall, if hand delivered or personally served, be effective immediately upon receipt. If sent by certified mail, return receipt requested, such notice shall be deemed given upon deposit in the United States mail, postage prepaid and properly addressed; if delivered by overnight courier, shall be deemed effective upon deposit with such courier; and if delivered by facsimile transmission or electronic mail, shall be deemed effective when received: If to Petrocco, to: David A. Petrocco, Sr. Petrocco Family Limited Partnership, LLLP 14110 Brighton Road Brighton, CO 80601 Email: davesrr:petroccofarms.com With a copy to: Jennifer Blum, Esq. 10-2-17 8 Blum Law and Title, LLC 3152 Cimarron Place Superior, CO 80027 Email: Jennifer@BlumLawAndTitle.com If to Peckham, to: Mark S. Goldstein Peckham Development Corporation P.O. Box 273180 Fort Collins, CO 80527 Email: mark@geiresources.com 11. Governing Law. This Agreement shall be governed by and its terms construed under the laws of the State of Colorado. 12. Assignment. This Agreement is personal between the parties hereto and may not be assigned without the written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Peckham may transfer the Petrocco Easements to Weld County, without the consent of Petrocco. 13. Construction. This Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto, and shall be deemed to be and contain the entire understanding and agreement between the parties hereto with respect to the subject matter hereof. There shall be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement or the subject matter thereof, unless set forth in writing and signed by all affected parties. 14. Headings. The headings in this Agreement are inserted for convenience only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any provision hereof. 15. Time of the Essence. Time is of the essence with respect to the performance of each and every provision of this Agreement. 16. Modification. No modification of this Agreement shall be valid or binding unless such modification is in writing, duly dated and signed by both parties. Neither party shall be bound by any terms, conditions, statements or representations, oral or written, not herein contained. 17. Business Days. When any payment or action required or contemplated by this Agreement falls on a Saturday, Sunday or legal holiday in the State of Colorado, such payment or action shall be due on the first succeeding day which is not a Saturday, Sunday or legal holiday in the State of Colorado. 10-2-17 9 18. Execution of Agreement. As used in this Agreement, the term "execution" of this Agreement shall mean the date on which this Agreement is executed by the last of the parties to execute same. 19. SPECIAL TAXING DISTRICTS. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. Petrocco SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. 20. Counterparts. This Agreement may be executed in any number of counterparts; when so executed, all of such counterparts shall constitute a single instrument binding upon all parties hereto, notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Facsimile and electronically transmitted signatures shall be considered legal and binding with regard to this Agreement the same as originals. 21. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. [Remainder of page intentionally left blank.] 10-2-17 10 IN WITNESS WHEREOF, the parties hereto have executed this Real Estate Exchange Agreement as of the day and year first above written. /r9�--a-ll7 Date ID- i Date 10-2-17 PETROCC a Colo o limit By; ILY LIMITED P RTTNNERSHIP, L liability limi d irtnershi / LP i A Petrocc PECKHAM DEVELOPMENT CORPORATION, a Colorado corporation By: 11 eni o eneral ' artn - r Mark S. Goldstein, Fiesident EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE REAL ESTATE EXCHANGE AGREEMENT BY AND BETWEEN PETROCCO FAMILY LIMITED PARTNERSHIP ("PETROCCO") AND PECKHAM DEVELOPMENT CORPORATION ("PECKHAM"). Legal Description of the Temporary Construction Easement [See following pages] 10-2-2017 NE NORTHERN ENGINEERING DESCRIPTION: EXHIBIT A Temporary Construction Easement A tract of land being a portion of Lot B, Recorded Exemption No. 1057-23-2-RE1 177, recorded at Reception No. 02185517 at the Weld County Clerk and Recorder, located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Considering the North line of the Northwest Quarter of Section 23 as bearing North 89° 56' 16" East, being monumented at the North Quarter corner of Section 23 by a #6 rebar with an illegible 2' /z' aluminum cap and the Northwest corner of Section 23 by a #6 rebar with a 2 ``/2" aluminum cap, PLS 34176 and with all bearings contained herein relative thereto: COMMENCING at the Northeast corner of Lot B, Recorded Exemption No. 1057-23-2- RE1177, 177, which bears South 89° 56' 16" West, 431.82 feet from the North Quarter corner of Section 23; thence along the East line of said Lot B, South 00° 03' 44" East, 42.58 feet to the POINT OF BEGINNING; thence continuing along said East line, South 00° 03' 44" East, 10.00 feet; thence departing said East line, North 89° 10' 09" West, 225.13 feet: thence, North 88° 14' 10" West, 224.57 feet; thence, North 00° 03' 44" West, 11.91 feet to the South right-of-way line of Weld County Road #44; thence along said South line, North 89° 56' 16" East, 18.65 feet; thence departing said South line, South 00° 03' 44" East, 2.50 feet; thence, South 88° 14' 10" East, 206.15 feet; thence, South 89° 10' 09" East, 224.90 feet to the POINT OF BEGINNING. The above described tract of land contains 4,538 square feet or 0.104 acres. more or less and is subject to all easements and rights -of -way now on record or existing. LMS September 12, 2017 S',Survea Johs`boa-005`-Th g'.Fxhibits`-b41-(05 Exhibit Description 3 S-_3-17.docs PAGE 1 OF 2 301 N. Howes Street, Suite 100, Fort Collins, CO 80521 I 570.221.4158 www.northernengineering.com S S,r,ey l::hi£94-005-a 3'-Estitits`S34-3fi f ' 43 17Gn7. 9412/2117 '14321:32 A4, 1:1 H 0 m Nz rnnn 0 aW O rill zz N 'n • D O 0 721 V) O = z v0 m Z OO O -� -i a5 _- rn z0 rrn D rn rn rn Q rnm �j 0 -I-1 O �z rnz rn0 --i =o 3 NJ `•' O N C� Z rn 0 •- ms E O rn 0 -4 Nrn >z m -� 0 m m Z r- O —1 0 rn O cn C D rn O -n EXHIBIT A Temporary Construction Easement EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE REAL ESTATE EXCHANGE AGREEMENT BY AND BETWEEN PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP ("PETROCCO") AND PECKHAM DEVELOPMENT CORPORATION ("PECKHAM") Legal Description of the Petrocco Right -of -Way [See following pages] 10-2-17 13 HG NORTHERN ENGINEERING DESCRIPTION: EXHIBIT B ROW Dedication to Weld County A tract of land being a portion of Lot B, Recorded Exemption No. 1057-23-2-RE1177, recorded at Reception No. 02185517 at the Weld County Clerk and Recorder, located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Considering the North line of the Northwest Quarter of Section 23 as bearing North 89° 56' 16" East, being monumented at the North Quarter corner of Section 23 by a #6 rebar with an illegible 2 'h" aluminum cap and the Northwest corner of Section 23 by a #6 rebar with a 2'/" aluminum cap, PLS 34176 and with all bearings contained herein relative thereto: COMMENCING at the Northeast corner of Lot B, Recorded Exemption No. 1057 -23 -2 - RE 1177, which bears South 89° 56' 16" West, 431.82 feet from the North Quarter corner of Section 23; thence along the East line of said Lot B, South 00° 03' 44" East, 30.00 feet to a point on the South right-of-way line of Weld County Road #44, said point being the POINT OF BEGINNING; thence continuing along said East line, South 00° 03' 44" East, 12.57 feet; thence departing said East line, thence, North 89° 10' 09" West, 224.90 feet; thence, North 88° 14' 10" West, 206.15 feet; thence, North 00° 03' 44" West, 2.50 feet to the South right-of-way line of Weld County Road #44; thence along said South line, North 89° 56' 16" East, 430.91 feet to the POINT OF BEGINNING. The above described tract of land contains 3,625 square feet or 0.083 acres, more or less and is subject to all easements and rights -of -way now on record or existing. LMS September 12.2017 S`'.Survey Jobs 691-005'D%sg'.Exhibitst694-005 Exhibit Description 1 S-23-17 docx PAGE 1 OF 2 301 N. Howes Street, Suite 100, Fort Collins, CO 80521 I 970.221.4158 ,, v northernengineering.com EXHIBIT B ROW Dedication to Weld County \ �w 0 z &O 00 -� 9q 4 20 ce ? 03 M - q { m 2 0 K m mm A H° ®2 m2 o ul 0 0 \ 0 )k0 0 Q -4O on' k % zm 2 23 0 EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE REAL ESTATE EXCHANGE AGREEMENT BY AND BETWEEN PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP ("PETROCCO") AND PECKHAM DEVELOPMENT CORPORATION ("PECKHAM") Grant of Easement [See following pages] 10-2-17 14 EXHIBIT C TO REAL ESTATE EXCHANGE AGREEMENT GRANT OF EASEMENT TEMPORARY CONSTRUCTION EASEMENT (Roadway Extension) For and in consideration of the sum of $10.00 (Ten Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership ("Grantor") hereby grants, bargains, sells, assigns and quitclaims to Peckham Development Corporation, a Colorado corporation whose address is P.O. Box 273180, Fort Collins, Colorado 80527 ("Grantee"), a nonexclusive temporary construction easement over, across and upon the real estate, legally described on the attached Exhibit "A" (the "Land") together with full rights of ingress and egress to and from the Land for the purposes hereafter specified. The easement is granted for the purpose of providing Grantee, its employees, agents, contractors and licensees the right to build, construct, maintain, improve and widen County Road 44 to the dimensions specified in Exhibit "A". It is the understanding of the parties hereto, that the interest herein conveyed is a nonexclusive easement for the purpose of constructing, improving, maintaining, and widening a public road way. Nothing herein shall be construed as conveying a fee interest in the surface estate or any of the subsurface, including any and all oil, gas, and other minerals in and underlying said right of way. Grantee shall have the right to use only so much of the surface and subsurface as is necessary to construct, improve, maintain, widen and operate the roadway. Grantor and Grantor's successors, assigns, guests and invitees shall have the right to concurrent use of the Land, so long as such use does not unreasonably interfere with Grantee's use thereof for the purposes stated herein. The easement and right-of-way granted herein shall be effective upon the execution and delivery of this instrument by the Grantor and shall remain in effect until construction of County Road 44 is complete or until December 31, 2019, which ever date first occurs. This easement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. This easement is made subject to the terms and provisions contained in that Real Estate Exchange Agreement dated , 2017, by and between the parties hereto. EXECUTED AND DELIVERED this day of August, 2017. GRANTOR: PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership By: Name: Title: GRANTEE: PECKHAM DEVELOPMENT CORPORATION, a Colorado corporation By: Mark Goldstein, President STATE OF COLORADO ) )ss: COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2017, by as of PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership. Witness my hand and official seal My Commission Expires: Notary Public STATE OF COLORADO ) ss COUNTY OF WELD The foregoing instrument was acknowledged before me this day of August, 2017 by Mark Goldstein, President, Peckham Development Corporation, a Colorado corporation. WITNESS my hand and official seal. My commission expires: Notary Public EXHIBIT "A" Attached hereto and made part hereof that certain Temporary Construction Easement by and between Petrocco Family Limited Partnership, LLLP and Peckham Development Corporation, covering the below described lands: Land: EXHIBIT "D" ATTACHED TO AND MADE A PART OF THE REAL ESTATE EXCHANGE AGREEMENT BY AND BETWEEN PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP ("PETROCCO") AND PECKHAM DEVELOPMENT CORPORATION ("PECKHAM") Deed of Dedication [See following pages] 10-2-17 15 EXHIBIT D TO REAL ESTATE EXCHANGE AGREEMENT DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT: PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership ("Grantor") the address of which is 14110Brighton Road, Brighton, CO 80601, for and in consideration of the sum of Ten Dollars ($10) in hand paid and other good and valuable consideration the receipt and adequacy of which are hereby confessed and acknowledged does hereby grant, bargain, sell, convey, dedicate and transfer to WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado ("Grantee"), the address of which is 1150 "O" Street, Greeley, CO 80631, all of the real property legally described on Exhibit "A" attached hereto and incorporated herein by reference, excepting and reserving to Grantor any and all interest in oil, gas and other minerals in, on, under or that may be produced from said property (the "Property"); AND WARRANTS TITLE to the Property free and clear of all liens and encumbrances against all persons claiming by, through or under Grantor, subject however to covenants, conditions, restrictions, reservations and exceptions contained in instruments of record. Dated this day of , 2017. PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership By: Name: Title: STATE OF COLORADO ) )ss: COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of ,2017, by as of PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership. Witness my hand and official seal My Commission Expires: Notary Public ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above dedication of property as Public Rights -of -Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this day of , 2017. ATTEST: WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC OF THE CLERK TO THE BOARD: STATE OF COLORADO By: By: Deputy Clerk to the Board Chairman STATE OF COLORADO ) )ss: COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of September, 2017, by , Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO. Witness my hand and official seal. My Commission Expires: Notary Public 2 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY 3 EXHIBIT "E" ATTACHED TO AND MADE A PART OF THE REAL ESTATE EXCHANGE AGREEMENT BY AND BETWEEN PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP ("PETROCCO") AND PECKHAM DEVELOPMENT CORPORATION ("PECKHAM") Special Warranty Deed conveying Peckham Property [See following pages] 10-2-17 16 EXHIBIT E TO REAL ESTATE EXCHANGE AGREEMENT SPECIAL WARRANTY DEED PECKHAM DEVELOPMENT CORPORATION, a Colorado corporation ("Grantor") for Ten Dollars ($10.00) and other good and valuable consideration in hand paid, hereby sell and convey to PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership ("Grantee") the following real property in the County of Weld, State of Colorado to wit (the "Property"): [EXACT LEGAL DESCRIPTION TO BE TAKEN FROM THE TITLE COMMITMENT] With all its appurtenances and warrants the title against all persons claiming by, through or under Grantor, subject to easements and rights -of -way in place or of record; discrepancies, conflicts in boundaries, shortages in area, and encroachments; restrictions, reservations, conditions, covenants, and exceptions of record; mineral reservations and exceptions of record; real property taxes and assessments for the year of closing; notes and all other matters shown on any survey or plat; building, zoning, subdivision, and other governmental rules, regulations, and ordinances; and inclusion of the Property within any special taxing districts. The Property shall not include and Grantor hereby expressly excepts and reserves to itself and its successors and assigns forever all mineral and mineral rights, including but not limited to all oil, gas, and associated liquid hydrocarbons, sand, gravel and all other minerals lying in, on or under the surface of the Property. This Deed is made subject to the terms and provisions contained in that Real Estate Exchange Agreement dated , 2017, by and between the parties hereto. SIGNED AND DELIVERED this day of , 2017. PECKHAM DEVELOPMENT CORPORATION, a Colorado corporation By: Mark Goldstein, President STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of August, 2017 by Mark Goldstein, President, Peckham Development Corporation, a Colorado corporation. WITNESS my hand and official seal. My commission expires: Notary Public EXHIBIT "F" ATTACHED TO AND MADE A PART OF THE REAL ESTATE EXCHANGE AGREEMENT BY AND BETWEEN PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP ("PETROCCO") AND PECKHAM DEVELOPMENT CORPORATION ("PECKHAM") Additional Peckham Property Conveyances [See following pages] 10-2-17 17 EXHIBIT F NA NORTHERN ENGINEERING DESCRIPTION: A tract of land being a portion of Lot A, Recorded Exemption No. 1057 -23 -2 -RE 1177, recorded at Reception No. 021855 17 at the Weld County Clerk and Recorder, located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Considering the North line of the Northwest Quarter of Section 23 as bearing North 89° 56' 16" East, being monumented at the North Quarter corner of Section 23 by a #6 rebar with an illegible 2'/z" aluminum cap and the Northwest corner of Section 23 by a #6 rebar with a 2'/z" aluminum cap, PLS 34176 and with all bearings contained herein relative thereto: COMMENCING at the Northeast corner of Lot A, Recorded Exemption No. 1057-23-2- RE1177, which bears South 89° 56' 16" West, 204.00 feet from the North Quarter corner of Section 23; thence along the East line of said Lot A, South 00° 04' 05" East, 41.15 feet to the POINT OF BEGINNING; thence, continuing along said East line, thence. South 00° 04' 05" East, 108.37 feet; thence, South 80° 46' 05" \Vest, 9.88 feet; thence, North 00° 10' 15" East, 86.24 feet; thence along a curve concave to the southeast having a central angle of 42° 43' 57" with a radius of 35.00 feet, an arc length of 26.10 feet and the chord of which bears North 21° 32' 13" East, 25.50 feet to the POINT OF BEGINNING. The above described tract of land contains 970 square feet or 0.022 acres, more or less, and is subject to all easements and rights -of -way now on record or existing. LMS September 12, 2017 S-NSun'ey Jobs,.694-00{`Dw'g`rxhibits`69d-0t)> Lot A Exhibit Description 2 does PAGE 1 OF 2 301 N. Howes Street, Suite 100, Fort Collins, CO 80521 070,221.4158 4'r'k1 .florthernengi neeri ng.con1 EXHIBIT F EXHIBIT F NORTHERN ENGINEERING DESCRIPTION: Tracts of land being a portion of Lot A, Recorded Exemption No. 1057-23-2-RE1177, recorded at Reception No. 02185517 at the Weld County Clerk and Recorder, located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Considering the North line of the Northwest Quarter of Section 23 as bearing North 89° 56' 16" East, being monumented at the North Quarter corner of Section 23 by a #6 rebar with an illegible 21/2" aluminum cap and the Northwest corner of Section 23 by a #6 rebar with a 2 %2" aluminum cap, PLS 34176 and with all bearings contained herein relative thereto: COMMENCING at the Northwest corner of Lot A, Recorded Exemption No. 1057-23-2- REl 177, which bears South 89° 56' 16" West, 431.82 feet from the North Quarter corner of Section 23; thence along the West line of said Lot A, South 00° 03' 44" East, 30.00 feet to a point on the South right-of-way line of Weld County Road #44, said point being POINT OF BEGINNING l; thence along the South right-of-way line of Weld County Road #44, North 89° 56' 16" East, 118.57 feet to Point A; thence, South 00° 10' 15" West, 56.38 feet; thence, North 00° 09' 33" East. 2.15 feet; thence along a curve concave to the southwest having a central angle of 89° 59' 13" with a radius of 20.00 feet, an arc length of 31.41 feet and the chord of which bears North 44° 50' 04" West, 28.28 feet; thence, North 89° 49' 40" West, 24.36 feet; thence, North 89° 32' 13" \Vest, 74.07 feet to the West line of said Lot A; thence, along said West line, North 00° 03' 44" West, 33.38 feet to the POINT OF BEGINNING, containing 4,100 square feet or 0.094 acres, more or less. ALSO: COMMENCING at aforementioned Point A; thence, North 89° 56' 16" East, 100.00 feet to POINT OF BEGINNING 2; thence along the South right-of-way line of \Veld County Road #44, North 89° 56' 16" East, 9.25 feet to the East line of said Lot A; thence along said East line, South 00° 04' 05" East, 11.15 feet; thence along a curve concave to the southeast having a central angle of 42° 43' 57" with a radius of 35.00 feet, an arc length of 26.10 feet and the chord of which bears South 21° 32' 13" West, 25.50 feet; thence, North 00° 10' 15" East, 34.86 feet the POINT OF BEGINNING, containing 172 square feet or 0.004 acres, more or less. The above described tracts of land are subject to all easements and rights -of -way now on record or existing. LM'IS September 12, 2017 S \Survey Johs'694-p4 ')‘vg`Exhibit:694-0)5 Fsdait Description'_ 8-23-17 docx PAGE 1 OF 2 301 N. Howes Street, Suite 100, Fort Collins, 00 80521 97 0.221,4158 www.northernengineering.com 5 , w ,_»m a,: z«IA EXHIBIT F LINE TABLE \ / ( \ \ ( k • ( rr ) z k k g k\{ k§` 4 - § SI - § 4 § J 2 2 ; \ \ \ M ) ) C) EXHIBIT "G" ATTACHED TO AND MADE A PART OF THE REAL ESTATE EXCHANGE AGREEMENT BY AND BETWEEN PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP ("PETROCCO") AND PECKHAM DEVELOPMENT CORPORATION ("PECKHAM") Legal Description of Peckham Property [See following pages] 10-2-17 18 NORTHERN ENGINEERING DESCRIPTION: EXHIBIT G Peckham Property A tract of land being a portion of Lot A, Recorded Exemption No. 1057-23-2-RE1177, recorded at Reception No. 02185517 at the Weld County Clerk and Recorder, located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Considering the North line of the Northwest Quarter of Section 23 as bearing North 89° 56' 16" East, being monumented at the North Quarter corner of Section 23 by a #6 rebar with an illegible 2 `/z" aluminum cap and the Northwest corner of Section 23 by a #6 rebar with a 2 '/2" aluminum cap, PLS 34176 and with all bearings contained herein relative thereto: COMMENCING at the Northwest corner of Lot A, Recorded Exemption No. 1057-23-2- RE1177, which bears South 89° 56' 16" West, 431.82 feet from the North Quarter corner of Section 23; thence along the West line of said Lot A, South 00° 03' 44" East, 63.38 feet to the POINT OF BEGINNING; thence, South 89° 32' 13" East, 74.07 feet; thence, South 89° 49' 40" East, 24.36 feet; thence along a curve concave to the southwest having a central angle of 89° 59' 13" with a radius of 20.00 feet, an arc length of 31.41 feet and the chord of which bears South 44° 50' 04" East, 28.28 feet: thence, South 00° 09' 33.0" West, 2.1462 feet; thence, South 00° 10' 15" Nest, 80.79 feet; thence, South 80° 49' 16" West, 119.52 feet to the West line of Lot A; thence along said Nest line, North 00° 03' 44" West, 122.73 feet to the POINT OF BEGINNING. The above described tract of land contains 13,243 square feet or 0.304 acres, more or less, and is subject to all easements and rights -of -way now on record or existing. LNIS September 12, 2017 S.\Survey Johs!b94.OO5 Dwg:Exhihits`h94-OO5 Lot A Exhibit Description I dots PAGE 1 OF 2 301 N. Hoopes Street, Suite 100, Fort Collins, 00 80521 970.221.4158 b` r":'J.nor tiler nenginee riila.GGil w O ELI ^Q^ �J V w• 0 1- O Z • O w =O wQH r V w 0 U- 7-1 ^O W Z Q! = M • O n o °" ,—r Z . F- Okr) Z 11 zI O aLj aks) wto �W Oz w • g ._ aI- 00 J Z L 0 Z O kr) • Z O 0 a� are Ur N Z Z �-, o W � co 0 w Z g 0 a EXHIBIT G Peckham Property NE TABLE BEARING ci lV c co fl o Q a m V)N ci c g o$ 41 O Ca) to Qi e c Cl) Tr Sr Z8 o 8 z x H z 2 o O v r C1 v a, Cf n O N Co A N W N N W z J j J J J J V; Vti_S ._nGcclE S:!4r4v3Y:01 SLll'K5:�:KtLy 2..Q_'s:1o_cb?.v;c(U•.n 5:j EXHIBIT E DENVER COMMERCIAL BROKER OPINION OF PROPERTY VALUE March 27, 2017 Prepared For: Peckham Development Corporation Prepared By: SVNII DENVER COMMERCIAL Dan Leuschen Senior Advisor 970-219-7555 dan.leuschen@svn.com 2 DENVER COMMERCIAL Subject Property: 16460 WCR 44 La Salle, CO 80654 DENVER COMMERCIAL 3 NOTICE: The preparer of this Broker Opinion of Value is not registered, licensed or certified as a real estate appraiser by the State of Colorado. This represents Broker's Opinion of Value as limited to information avail- able to us. This is not an appraisal and may not be used to obtain fi- nancing. Table of Contents Cost Method ,pg. 4 Income Method pg. 7 Market Method pg. 11 Final Reconciliation of Three Valuation Methods pg. 13 `am ...'" e '.' eJ t et-,-'.twt?'-,^..._.. yra#iE'. ",':F1'4.'a;y,w .p.- .r..;.- - i A -'____ . "uqA,C1I.CMA'.T•v. ".pytu ta•'c+YYw.}Y6Y.'a .:r, wt.... DENVER COMMERCIAL Cost Method 4 • Examines current construction costs to replicate the building and im- provements. • These costs, in today's dollars are then depreciated to represent functional and physical obsolescence due to aging and other such factors. • The market value of the land parcel is then added to these calcula- tions. The table below is the most recent average for Weld and Larimer Counties. It estimates the regional average of the cost to build a basic 2,448 square foot, industrial building. COST ESTIMATE % OF TOTAL COST PER SQUARE FOOT COST Construction Costs Soft Costs & Fees 79% 21% $110.00 $30.00 $269,280 $73,440 TOTAL BUILDING COST 100% $140.00 $342,720 DENVER COMMERCIAL 5 An additional factor affecting the Cost Method is the Cost Index, seen below. The most recent national data from the First Quarter of 2016 indicates that there is a 4.9% annual increase in con- struction costs due to the improving economy. Therefore, to reflect this adjustment we use the price per square foot of $140 to build and industrial building in Weld County. Cost Index Turner's Fourth Quarter Building Cost Index Reflects Strong Market Conditions Fourth Qu?rter 2016 Turner Building Cost Index —which measures costs in the non-residential building construction market in the United States --;-has increased to a value of 1006. This reflects a 1.11% increase from the Third Quarter 2016 and a 42% yearly increase from the Fourth Quarter 2015. "The shortage of skilled labor continues toe a key factor towards cost impact across the construction Industry. As we move Into 2017, this focus on skilled labor Is expected to Intensify," 9u Index __titian* Change .,, 4n u.�, _ 1006 ... ,. .- - .�• jam...._. _ __ -- _- - 4thtitian* iris1006 44t ar4 Quartet 2,0146 ii:12 2nd Quarter 2016 983 1.34 1st Quartet- 2016 970 i- iq • I I f a 4 • DENVER COMMERCIAL 6 Final Cost Method Analysis Building costs 2,448 SF @ $140 Per Square Foot Depreciation of 72% applied* SUBTOTAL Land Value 37,806 SF @ $2.85 Per Square Foot TOTAL COST VALUE: a $342,720 ($246,758) $95,962 $107,747 $203,709 $203,709 $83.00Per Sq Foot *Commercial depreciation is calculated over 39 years. The subject was built in 1989, so because it is 28 years old the deprecation is 72% (28: 39). DENVER COMMERCIAL Income Method 7 • Examines the property from an investment perspective. • Net cash flows are calculated for the property based on rental in- come and operating expenses. The resultant cash flow is then capi- talized to represent the value that an investor might pay to acquire the property and have an equivalent cash flow stream given the risk of the investment. • Note that this analysis relies on approximate cash figures determined by market conditions. The lease comparables on the pages that follow are used to estimate a price per square foot for a industrial building working under the assumption that the subject would be leased. 2881 South 31st Avenue Greeley, Co 3,600 Square Feet Rate: $8.50 INDUSTRIAL/FLEX UNIT Your OrSfivet 8 DENVER COMMERCIAL 14459 Mead Court Longmont, Co 5,000 Square Feet Rate: $12.00 DENVER COMMERCIAL 1 9 812 Baseline PI Brighton, CO 3,000 Square Feet Rate: X10.80 DEFIER COMMERCIAL 10 Final Income Method Analysis The comparables of industrial buildings for lease is between $8.50 and $12.00. Average of $10.25. Note the above lease rates are base rents, meaning that they do not include taxes, insurance, or maintenance ("NNN", or "triple net" expenses) which an Owner passes on to the Tenant. Triple net expenses vary by building. Annual rent income for 2,448 SF at $10.25 per square foot (triple net lease costs are not included) Vacancy allowance at 5% SUBTOTAL/ Net Operating Income Capitalization rate at 8% (23,837 : 0.08) TOTAL INCOME VALUE: MIS $25,092 ($1,255) $23,837 $297,962 $297,962 $121.00 PSF • DEFIER COMMERCIAL Market Method 11 • Analyzes recent sales of relevant properties. • For market value comparison and comparable sales we have assumed the property to be fully functional "as -is". The following sales comparables are used to estimate a reasonable price per square foot for sold properties. Sold on May 29, 2015 for $390,000 ($i30.00/SF) 2983 W 29th St - Dent Plaster's Bldg Greeley, CO 80631 - Weld County lnd Subrnarket 3,000 Si- Class C Industrial Warehouse Buildi:iq Built in 1993 Sold on Mar 19, 2015 for X1,400,000 ($280.00/SF) 601 E Coffins St Eaton, CO 80615 -- Wo!d County Ind Submar kot 5,000 SF Class C Industrial Warehouse Building Built in 1994 Said on Mar 4, 201G for 8740,000 ($182.09/SF) 522 27th St Greeley, CO 80631 Weld County Ind Submarket 4,664 SF- Class C industrial Warehouse Building Huilt in 1951 bur[rmaUhre DENVER COMMERCIAL 12 Final Market Method Analysis The sales comparables price per square foot between $130 and $280. The subject falls between the comparables. We believe the subject would sell for approximately $150 per square foot. 2,448 SF x $150 TOTAL MARKET VALUE: NMI IMO $367,200 $367,200 X150.00 PSF Vow cea�eM DENVER COMMERCIAL 13 Final Reconciliation of the Three Valuation Methods The Cost and Income Methods are weighted more heavily than the Market Method. METHODOLOGY VALUE WEIGHTING Cost Basis $203,709 40% Income Basis $297,962 40% Market Basis $367,200 20% Final Opinion of Value= $274,109 $112.00 PSF NOTICE: The preparer of this Broker Opinion of Value is not registered, licensed or certified as a real estate appraiser by the State of Colorado. This represents Broker's Opinion of Value as limited to infor- mation available to us. This is not an appraisal and may not be used to obtain financing. EXHIBIT F James A. Martell Subject: Attachments: Begin forwarded message: FW: 20676 & 20679 Niobrara Blvd image003jpg From: "Boomazian, John" <John.Boornazian@xcelenergy.com> Date: September 26, 2017 at 11:06:50 AM MDT To: Phill Osler <pvosler cr,gmail.com> Subject: RE: 20676 & 20679 Niobrara Blvd Phill, I received payment confirmation along with the signed contract documents for the 16323 Weld County Rd project on 9/21/17 and have since sent to Work Order to Xcel Energy's construction department. Xcel Energy's typical lead time for construction is 6-8 after payment has been received. The tentative date for construction is 11/20/17 however, this date could be pushed out significantly based on construction availability. Right now Xcel Energy has limited construction resources due to a number of construction crews out of state, assisting with Hurricane Irma storm relief. Because of this it's possible the project may not be completed until December. As for the additional poles which need to be relocated, I would estimate a construction date sometime next year, either late January to mid -February. This is based on the lead times for design and construction compounded by the backlog of applications, limited construction resources and the holiday season. Thank you, John Boornazian Jr Distribution Specialist I t C, SYNERGETIC 5245 Ronald Reagan Boulevard, Suite 104 Johnstown, CO 80534 Tel: 970-622-2903 Cell: 970-210-9283 1 EXHIBIT G COPY IRREVOCABLE LETTER OF CREDIT Borrower: Peckham Development Corporation Lender: FirsTier Bank, Cheyenne 2850 McClelland Drive, Suite 2400 1508 Stillwater Avenue Fort Collins, CO 80525 Cheyenne, WY 82009 Beneficiary: Board of County Commissioners of Weld County, Colorado 1150 O Street Greeley, CO 80631 Number: 10039 Expiration Date: This letter of credit shall expire upon the close of business on November 30, 2018 and all drafts and accompanying statements or documents must be presented to Lender on or before that time (the "Expiration Date"). However, this letter of credit shall be automatically renewed for 12 months from the existing expiration date of November 30, 2018, unless notice is given in writing by FirsTier Bank, 60 days prior to the maturity date of November 30, 2018. Amount of Credit: Lender hereby establishes at the request of and for the account of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of Seven Hundred Forty Thousand Seven Hundred Ninety-two & 34/100 Dollars ( $740,792.34) (the "Letter of Credit"). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above (or other such address that Lender may provide to Beneficiary in writing) during regular business hours and accompanied by a signed written statement or document stating Borrower is in default under its obligations to Beneficiary regarding the improvements to be constructed at or around the Weld County Industrial Park. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNTER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. Draft Terms & Conditions: Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: Receipt of signed, dated, written statement from Beneficiary that Borrower is in default under its obligations to Beneficiary regarding the improvements to be constructed at or around the Weld County Industrial Park in Weld County, Colorado. Upon Lender's honor of such drafts, Lender shall be fully discharged of Lender's obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or COPY FirsTier Bank Letter of Credit #10039 page 2 of 3 posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of this Letter of Credit's maximum drawing amount. Any funds disbursed under the terms of this Letter of Credit shall be funded by wire transfer only, to the Board of County Commissioners of Weld County, Colorado, per wire instructions to be provided by Beneficiary. Use Restrictions: All drafts must be marked "DRAWN UNDER FIRSTIER BANK IRREVOCABLE LETTER OF CREDIT NUMBER 10039 DATED SEPTEMBER 26, 2017," and the amount of each draft shall be marked on the draft. Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original letter of credit must accompany any drafts drawn hereunder. Partial draws are permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial draw(s). Permitted Transferees: The right to draw under this Letter of Credit shall be non-transferrable, except for: A) A transfer (in its entirety, but not in part) by direct operation of law to the administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other representative at law of the original Beneficiary; and B) The first immediate transfer (in its entirety, but not in part) by such legal representative to a third party after express approval of a governmental body (judicial, administrative, or executive). Transferees Required Documents: When the presenter is a permitted transferee (i) by operation of law or (ii) a third party receiving transfer from a legal representative, as described above, the documents required fora draw shall include a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. Compliance Burden: Lender is not responsible for any impossibility in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon COPY FirsTier Bank Letter of Credit #10039 page 3 of 3 Beneficiary, and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. Non-Severability: If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non-severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. Governing Law: This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Wyoming. Expiration: Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to Lender on or before the Expiration Date. The current expiration date of this Letter of Credit is November 30, 2018. However, this Letter of Credit shall be automatically renewed for 12 months from the existing maturity date of November 30, 2018 unless notice is given in writing by FirsTier Bank 60 days prior to the maturity date of November 30, 2018. Dated: September 26, 2017 LENDER FirsTier Bank By: Tim Ostic, Cheyenne Market President ENDORSEMENT OF DRAFTS DRAWN: Date Negotiated By Amount in Words Amount in Figures EXHIBIT H COPY IRREVOCABLE LETTER OF CREDIT Borrower: Peckham Development Corporation Lender: FirsTier Bank, Cheyenne 2850 McClelland Drive, Suite 2400 1508 Stillwater Avenue Fort Collins, CO 80525 Cheyenne, WY 82009 Beneficiary: Board of County Commissioners of Weld County, Colorado 1150 O Street Greeley, CO 80631 Number: 10040 Expiration Date: This letter of credit shall expire upon the close of business on November 30, 2018 and all drafts and accompanying statements or documents must be presented to Lender on or before that time (the "Expiration Date"). However, this letter of credit shall be automatically renewed for 12 months from the existing expiration date of November 30, 2018, unless notice is given in writing by FirsTier Bank, 60 days prior to the maturity date of November 30, 2018. Amount of Credit: Lender hereby establishes at the request of and for the account of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of One Hundred Five Thousand Nine Hundred Forty-two & 90/100 Dollars ($105,942.90) (the "Letter of Credit"). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above (or other such address that Lender may provide to Beneficiary in writing) during regular business hours and accompanied by a signed written statement or document stating Borrower is in default under its obligations to Beneficiary regarding the warranty of improvements originally covered under FirsTier Bank Letter of Credit #10031, dated February 8, 2016. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNTER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. Draft Terms & Conditions: Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: Receipt of signed, dated, written statement from Beneficiary that Borrower is in default under its obligations to Beneficiary regarding warranty of improvements originally covered under FirsTier Bank Letter of Credit #10031, dated February 8, 2016. Upon Lender's honor of such drafts, Lender shall be fully discharged of Lender's obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or COPY FirsTier Bank Letter of Credit #10040 page 2 of 3 posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of this Letter of Credit's maximum drawing amount. Any funds disbursed under the terms of this Letter of Credit shall be funded by wire transfer only, to the Board of County Commissioners of Weld County, Colorado, per wire instructions to be provided by Beneficiary. Use Restrictions: All drafts must be marked "DRAWN UNDER FIRSTIER BANK IRREVOCABLE LETTER OF CREDIT NUMBER 10040 DATED SEPTEMBER 26, 2017," and the amount of each draft shall be marked on the draft. Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original letter of credit must accompany any drafts drawn hereunder. Partial draws are permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above; less any partial draw(s). Permitted Transferees: The right to draw under this Letter of Credit shall be non-transferrable, except for: A) A transfer (in its entirety, but not in part) by direct operation of law to the administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other representative at law of the original Beneficiary; and B) The first immediate transfer (in its entirety, but not in part) by such legal representative to a third party after express approval of a governmental body (judicial, administrative, or executive). Transferees Required Documents: When the presenter is a permitted transferee (i) by operation of law or (ii) a third party receiving transfer from a legal representative, as described above, the documents required for a draw shall include a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. Compliance Burden: Lender is not responsible for any impossibility in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon COPY FirsTier Bank Letter of Credit #10040 page 3 of 3 Beneficiary, and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. Non-Severability: If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non-severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. Governing Law: This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Wyoming. Expiration: Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to Lender on or before the Expiration Date. The current expiration date of this Letter of Credit is November 30, 2018. However, this Letter of Credit shall be automatically renewed for 12 months from the existing maturity date of November 30, 2018 unless notice is given in writing by FirsTier Bank 60 days prior to the maturity date of November 30, 2018. Additional Provision: Beneficiary agrees that acceptance of this Letter of Credit #10040 constitutes a release of FirsTier Bank's Letter of Credit #10031, dated February 8, 2016. Beneficiary agrees to return the original Letter of Credit #10031 to Lender concurrently with acceptance of this Letter of Credit #10040. Dated: September 26, 2017 LENDER FirsTier Bank By: Tim Ostic, Cheyenne Market President ENDORSEMENT OF DRAFTS DRAWN: Date Negotiated By Amount in Words Amount in Figures EXHIBIT I RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR HICKMAN MINOR SUBDIVISION, MINF12-0001 - BIG THOMPSON INVESTMENT HOLDINGS, 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 October 31, 2012, the Weld County Board of Commissioners approved Minor Subdivision Final Plan, M1NF12-0001, for Big Thompson Investment Holdings, LLC, 1205 W. Elizabeth Street, P.O. Box 134, Fort Collins, Colorado 80521, do Mark Goldstein, Manager, P.O. Box 273180, Fort Collins, Colorado 80527, for a nine (9) Lot Minor Subdivision in the 1-3 (Industrial) Zone District, on the following described real estate, to -wit: Lot B of Recorded Exemption, RECX12-0056; being part of the W1/2 of Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, on April 3, 2013, the Board approved an Interim Road Maintenance Improvements Agreement for Triton Water Depot and accepted Company Check #1319 from Big Thompson Investment Holdings, LLC, in the amount of $2,400.00, and WHEREAS, on January 15, 2014, the Board approved a new Interim Road Maintenance and Collateral Agreement regarding the interim maintenance obligations for County Road 33, which supersedes the previous agreement, and agreed to retain the collateral received from Big Thompson Investment Holding, LLC, in the amount of $2,400.00, and WHEREAS, on January 15, 2014, the Board also approved an Agreement for the Exchange of Certain Real Property between Big Thompson Investment Holdings, LLC, and 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 Big Thompson Investment Holdings, LLC, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Letter of Credit #835-3047 from First Bank, 10403 West Colfax Avenue, Lakewood, Colorado 80215, in the amount of $706,286.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Letter of Credit as stated above, copies of which are attached hereto and incorporated herein by reference. GC, ?t,J(R, , ?C, /"PPL - 4004604 Pages: 1 of 2 3.5( 03/26/2014 12:58 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO IIIfl KAUUMVilet riAti ErloiFFRiI+ivIJ II III 2014-0745 PL2147 IMPROVEMENTS AGREEMENT - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 2 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 Big Thompson Investment Holdings, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED that Letter of Credit #835-3047 from First Bank, 10403 West Colfax Avenue, Lakewood, Colorado 80215 in the amount of $706,286.00, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of March, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY OLORADO ATTEST: dotAvti GAi Weld County Clerk to the Board y Clerk to the Boar Date of signature: 5025.14 , C%mc ougl$s Rademacher, Chair Wiiliam F. Garcia 4@04604 Pages: 2 of 2 03/26/2014 12:58 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO it'll/MIIIP§ II III 2014-0745 PL2147 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Big Thompson Investment Holdings, LLC "Hickman Minor Subdivision" — MINF12-0001 Part 1: Site Specific Provisions THIS AGREEMENT is made this c)'1 day of 2014, by and between Big Thompson Investment Holdings, LLC, a Colorado limited liabili mpany, whose address is C/O Mark Goldstein, Manager, P.O. Box 273180, Fort Collins, CO 80527, hereinafter referred to as the "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, whose address is 1150 "O" Street, Greeley, Colorado 80631, hereinafter referred to as the "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described real property in the County of Weld, Colorado: Lot B of Recorded Exemption, RE -4914; located in part of the NW4 of Section 23, Township 4 North, Range 66 West, Part of Section 35 and Section 36, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as the "Property," and WHEREAS, County has approved land use permits for a nine (9) lot Minor Subdivision and continuing Oil and Gas Production Use on approximately 94 acres of the Property ("MINF 12-0001 "), and WHEREAS, the Property Owner acknowledges that the issuance of MINF12-0001 is conditional upon Property Owner's performance of the on -site and off -site improvements, which are described in this Agreement and depicted in the Plat Map and the set of accepted Construction Plans provided by Property Owner, copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibits "C" ("Plat Map") and "D" ("Construction Plans"), respectively, and WHEREAS, the Property Owner acknowledges that it may not engage in any activity described in MINF12-0001 and/or any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein or to commence the use of the Property as approved in MINF12-0001 within three (3) years of the approval of the permit issued under M1NF12-0001, may result in the revocation of MINF12- 0001, upon consideration and order of the Board of County Commissioners, and WHEREAS, the Property Owner agrees that the failure to record the Plat Map within the time limits imposed by the Board of County Commissioners, may result in the revocation of MINF12-0001, upon consideration and order of the Board of County Commissioners, and 1of22 a WHEREAS, the parties agree that the Property Owner shall provide collateral for all on - site and off -site improvements required by this Agreement when the Property Owner 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, when site related activities permitted under MINF 12-0001 commence, or at a time determined acceptable by the Board of County Commissioners, and WHEREAS, on 6f) , 2014, the parties entered into the "Interim Road an Maintenance Agreement Collateral Agreement, Weld County Case MINF12-0001" (hereinafter "Interim Maintenance Agreement") regarding the interim maintenance obligations for CR 33, and WHEREAS, the parties have entered into an "Agreement for the Exchange of Certain Real Prope Beween Big Thompson Investment Holdings, LLC and Weld County, Colorado" dated , 2014, (hereinafter "Property Exchange Agreement") and WHEREAS, pursuant to the terms of the Property Exchange Agreement and the Interim Maintenance Agreement, the Interim Maintenance Agreement shall remain in effect and the traffic triggers of offsite road improvements under this Agreement will be postponed until the title to "Property 2" under the Property Exchange Agreement has been transferred to the Property Owner or the Property Exchange Agreement is terminated for any reason, and WHEREAS, at a future date, Big Thompson Investment Holdings, LLC, intends to assign this Agreement in its entirety to the Peckham Development Corporation, a Colorado corporation, whose address is C/O Mark Goldstein, President, P.O. Box 273180, Fort Collins, Colorado 80527, and County consents at this time to such an Assignment pursuant to the terms of Part 2 of this Agreement, and WHEREAS, all references to "Property Owner" in this Agreement shall apply solely to Peckham Development Corporation when Peckham Development Corporation obtains legal title to the Property that is the subject matter of this Improvements Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree that the above Recitals are a material and substantive part of this Improvements Agreement and further agree as follows: A. Required Off -Site Haul Route Road Improvements: 1.0 Weld County Roads 33 & 44: The Property Owner shall be responsible for the construction of certain on -site and off -site safety improvements, which shall include: construction of adequate turning radii of sixty (60) feet at the main entrances and exits which extend partially into Weld County Roads 33 & 44's rights -of -way ("CR's 33 & 44"), drainage and signage installations, as indicated on the accepted Construction Plans. All such improvements will be in accordance with the transportation sections of the Weld County Code, and the rules and regulations adopted pursuant thereto. The granting of any new point of access to the Property may generate additional obligations with the County for Off -Site Improvements and the need to post additional "Road Maintenance Collateral." A County access permit is 2 of 22 needed for every access point to a County road from the Property. State access permits might also be required and should be coordinated by the Property Owner with the Colorado Department of Transportation ("CDOT"). 2.0 Off -Site Haul Route Road Improvement Responsibilities: The Property Owner is solely responsible for all designated improvements, as specified above in Section A.1.0, on CR's 33 & 44 and for any construction improvements mandated by the County, and for all expenses associated therewith. These responsibilities include, but are not limited to, the following: design, surveys, utility locates, present and future right-of-way clearances and permits; coordination with oil and gas operators and facilities and affected irrigation facilities; traffic control; and project safety during construction. The Property Owner shall obey all applicable regulations related to the Property and issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), the Colorado Department of Public Health and Environment (hereinafter "CDPHE"), and other Federal, State or County regulatory agencies. 3.0 Off -Site Haul Route Road Engineering Design and Construction Plans: For off - site haul route road improvements as set -forth in Section A.1.0-2.0 above, all engineering designs and construction plans must be provided by the Property Owner. These plans, when reviewed and accepted by the Weld County Engineer, shall be a part of the Construction Plans, which are a part of this Agreement. All plans showing work within the County shall be reviewed and accepted by the County, prior to the start of construction. For all construction in the County right-of-way, prior to the 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 by the Property Owner for review and acceptance by the County. 4.0 Off -Site Haul Route Road Construction Standards: All construction and materials controls for a road project and any designated road improvements by the Property Owner shall conform to the road requirements in effect as the time of the completion of the road improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 5.0 Off -Site Haul Route Road Traffic Control: Prior to any construction in the County right-of-way and as a condition of issuance of any access permit or right-of-way permit, the Property Owner shall submit a traffic control plan for the County's review and approval. During construction, appropriate safety signage shall be posted in accordance with the then current version of the Manual of Uniform Traffic Control Devices (hereinafter referred to as "MUTCD"). 6.0 Off -Site Haul Route Road Dust Control/Abatement and/or Paving: The Property Owner is required to provide dust abatement along affected haul route roads approximately two to five times per year, as determined by the County. The County will determine the proportionate share of dust control and/or paving costs to be paid by the Property Owner based upon then current Equivalent Single Axle Load ("ESAL") Counts that identify traffic loading due to Property -sourced traffic. The amount and extent of dust control will be determined by site - specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine the percentage of Property -sourced haul route road traffic, the County reserves the right to install traffic counters on the driveway(s) of the Property. The percentage of haul route road traffic utilizing the County's roads in the vicinity of the site attributable to Property -sourced traffic activities will be determined by traffic counts conducted by the County 3 of 22 on the primary and requested alternate or revised haul route roads. The County will have sole responsibility for determination of the percentage of haul route road traffic on all affected roads. Due to the undetermined timeframe for the increased haul route road traffic volumes, the following is a list of triggers for the road improvements for the upgrading, widening, and paving of WCR 33 from the facility to U.S. Highway 85: a. 200 vehicles per day: Mag-Chloride applications b. 400 vehicles per day: Pavement 7.0 Future Haul Route Road Improvements: If Property -generated tracking of mud and debris occurs on CR's 33 and/or 44, the main entrance improvements to the Property will include a double cattle guard set (one right after the other), placed back to back across the entire width of the entrance lane of the Property onto CR 33, and three -hundred (300) feet of asphalt pavement at the exit lane from the Property onto CR 44, to ensure a complete revolution of the haul road route vehicle tires to minimize the tracking of mud and debris onto CR's 33 & 44, to ensure a complete revolution of the haul route road vehicle tires in order minimize the tracking of mud and debris onto the adjacent County road. Future improvements to the haul route road(s) may be required by the County. Property Owner shall address all County and/or Colorado Department of Transportation (CDOT) access issues associated with afore -mentioned haul route road. Future County mandated measures may include improvements to any haul route road intersection or roadways then utilized by vehicle traffic from the Property. The Property Owner shall pay a proportionate share of the cost of the entire road improvement project, including engineering designs and construction plans based on the Property Owner's share of ESAL Counts using then current data on the haul route roads in the implementation of the above - mentioned road improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. In order to accurately determine the percentage of haul route road traffic to and from the Property, the County reserves the right to install traffic counters on the driveway(s) of the Property. Future road improvements will be subject to any Federal, State or County regulations in place at the time the road improvement project is initiated. Paved Roadway Improvements may be triggered due to heavy haul route road traffic associated with the Property including turn lanes. The following is a list of the American Association of State Highway & Transportation Officials, (hereinafter the "AASHTO") triggers for turn lanes: a. 25vph turning right into a facility during a peak hour. b. 10vph turning left into a facility during a peak hour. c. 50 vph turning right out of a facility during a peak hour. 8.0 Timing of Off -Site Haul Route Road Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, the Property Owner shall not be required to complete the aforementioned offsite road improvements as described in Section A.1.0-2.0 until the occurrence of the triggering event for each improvement, namely the application for the grading permit, building permit, right-of-way or access permit or the commencement of activities on the Property. At that time, the Property Owner agrees that the required collateral will be posted and all on -site and off -site road improvements shall commence and shall be completed within the parameters established in Sections A.3.0 and E.7.2, and Exhibit "B", herein. 9.0 Acceptance of Off -Site Haul Route Road Improvements: Upon completion of the of site road improvements, the Property Owner shall contact a representative of the Weld 4 of 22 County Department of Public Works and request an inspection of the off -site road improvements described in Section A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth in Sections E.6.1-6.3 below. 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said road improvement(s) according to the accepted construction plans. By accepting any road 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. B. Off -Site Haul Route Roads: 1.0 Established Off -Site Haul Route Roads: 1.1 Exiting or entering the Property: Haul vehicles shall enter or exit the Property at the approved access points onto CR's 33 & 44. Haul vehicles will travel on CR 33 north to US -85 for further dispersal and on CR 44 east or west to disperse further. 1.2 No haul route vehicle 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 roads for a limited period of time (which is defined in this Agreement as a period of not more than thirty days), which shall be established by the County at the time that the deviation is allowed. If the County approves such deviation, haul route vehicles will utilize paved County roads whenever possible. A deviation from an established haul route road 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 4.0 of this Section B. In the event that haul route road traffic in excess of 15% of the daily facility haul trips utilizes alternate haul route roads, the provisions of Section 4.0 of this Section B shall be triggered. 2.0 Off -Site Haul Route Road Signage: The Property Owner shall install haul route road signs, in accordance with MUTCD standards, at all exit points of the Property which can be clearly seen by drivers leaving the Property and which clearly depict County approved haul route roads. 3.0 No Deviation from Permitted Off -Site Haul Route Roads: Except under the provisions provided in Section B.l .3, no deviation in the use of any haul route roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement by the parties to this Agreement. 4.0 Effect of Future Changes to Off -Site Haul Route Roads: In the event that the County is requested by the Property Owner or operator of the Property to approve the use of an additional access point, a new haul route road, or an alternative haul route road as a result of a change in the activities on the Property and/or haul route road circulation patterns, and if the 5 of 22 alternative or additional access point or haul route road utilizes any unpaved portion of County roads, and if the County determines that dust control or paving is required on the unpaved portion of said haul route roads, the Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. The County will determine the proportionate share of dust control and/or paving costs to be paid by the Property Owner based upon then current haul route road trip counts that identify road traffic loading due to Property -sourced road traffic. The amount and extent of dust control and/or paving measures will be determined by Property -sourced specific conditions at the time, as determined exclusively by County personnel. C. Off -Site Haul Route Road Maintenance Requirements: 1.0 Obligation to Maintain Current CR's 33 & 44 and Future Off -Site Haul Route Roads: The Property Owner 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 hauling to and from the Property. Should the activities on the Property, and/or should Property -sourced haul trip circulation patterns change in the future, so that the County approves an alternate haul route road, and all or a significant portion of Property - sourced traffic no longer utilizes CR's 33 & 44 as haul route roads, and instead utilizes other portions of unpaved County roads as haul route roads, the Property Owner shall cooperate with the County in maintenance of said alternate haul route roads which become the new haul route roads for the Property. The type and method of road repair will be determined by the County Engineer or his representative. For any roadway damage that exposes the driving public to adverse or unsafe driving conditions, road repairs shall commence within forty-eight (48) hours of notification of the Property Owner by the County. All other repairs shall commence within thirty (30) days of the Property Owner's receipt of the County's written notice of the need for such repairs. 1.1 Need for Immediate Repairs: In the event of damage to an approved haul route road for Property -sourced traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), the County shall, after inspection, notify the Property Owner of such Significant Damage. The Property Owner shall identify the road repair required and shall consult with the County on the extent, type, timing, materials and quality of road repair (i.e., temporary versus permanent) within twenty-four (24) hours after receipt of such notice from the County and shall commence such road repair work within forty-eight (48) hours after receipt of such notice. If such road repair work is not commenced by the Property Owner within such forty-eight (48) hour period, the County shall have the right to draw on the Road Maintenance Collateral and use such funds to perform such road repair work. If the Property Owner identifies Significant Damage prior to receiving notice thereof from the County, the Property Owner may commence repair of such Significant Damage and shall concurrently notify the County of the extent, type, timing, materials and quality of road repair (i.e., temporary versus permanent). 1.2 Property Owner Repair of Off -Site Haul Route Roads: On or before December 31 of the calendar year in which County staff has determined 6 of 22 through site analysis and/or pavement testing that a particular portion of a haul route road 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 road improvement/repair costs of the proposed paving, the County shall notify the Property Owner in writing that the off -site road improvements/repair paving shall be undertaken. Within ninety (90) days of its receipt of the County's notice of the need to undertake said road improvements/repairs, the Property Owner shall submit Off -Site Road Construction Plans and Cost Estimates to the County for the proposed paving for review by the County. The Property Owner shall have sole responsibility for the completion of the road improvements/repair paving on or before December 15th of the year following the County's initial notice of the need for the road improvement/repair paving. 1.3 County Repair of Off -Site Haul Route Roads. In the County's sole discretion, the County may undertake all necessary haul route road repairs and/or improvements. The Property Owner's payment for the Property's Proportionate Share of the road repairs/improvements will be calculated as determined in Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent with Section C.3.0 of this Agreement. 2.0 Annual Off -Site Haul Route Road Inspection: The 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 the County to participate in off -site 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 repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data becomes available to the County. 3.0 Future Off -Site Haul Route 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 Haul Trip ESAL Counts using then current data of haul trips entering or exiting the Property onto the haul route road in the implementation of the above -mentioned improvements. Notification to the Property Owner 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, as described in Section C.1.0 above. 4.0 Sharing of Off -Site Haul Route 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 haul route road maintenance work and will share in the cost and expense of 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 the other property owners and/or lessees. The County shall review and approve the sharing agreements for the sole purpose of determining whether the required haul route road improvements/maintenance projects have been adequately addressed. The County alone shall 7 of 22 determine the sufficiency of all haul route road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If the Property Owner does not perform as outlined in this Agreement and Exhibits "A" and "B", such non-performance will constitute a violation of the Property Owner's land use permits granted by County concerning the Property, and County will take whatever remedial measures it deems necessary, against the 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 setting a probable cause hearing according to the procedures described in Section 2-4-40 of Weld County Code. Revocation of MINF12-0001 as it now exists or may, from time to time, be amended, is a remedy which the County may impose. D. On -Site Improvements: 1.0 On -Site Landscaping and Fencing Requirements: The 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 MINF12-0001 Plat Map. Specifically, the Property Owner shall at its own expense, plant, install and/or maintain all grass and other landscaping and re -seeding where applicable as shown on the accepted Construction Plans and MINF 12-0001 Plat Map. Additionally, the Property Owner shall install and/or maintain fencing to screen the Property where applicable as indicated on the accepted Construction Plans and MINF12-0001 Plat Map. In the event any of these improvements include work extending into State or County rights -of -way, a right-of-way or access permit must be obtained by the Property Owner prior to the commencement of said work. 2.0 On -Site Grading, Drainage Facilities and Paving: The Property Owner shall, at its sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the Property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Construction Plans and MINF 12-0001 Plat Map. The main entrance improvements to the Property will include; construction of adequate turning radii at the main Property entrances onto CR's 33 & 44, and appropriately sized drainage culverts. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for the Property. The Property Owner shall be responsible for all maintenance of the on -site improvements. Additional infrastructure improvements to the Property will be addressed at the time of application for any future amended MINF. Some of these improvements may include work extending into State or County rights -of -way, in which case a right-of-way or access permit must be obtained by the Property Owner prior to the commencement of said work. 3.0 Timing of On -Site Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, the Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit or an amendment to the existing MINF. Except with prior County consent, no grading permit will be released until collateral is posted for all on -site and off -site improvements and the final Construction Plans have been submitted to and accepted by the County's Department of Public Works. Access and/or right-of-way permits might also be 8 of 22 required prior to County approval of the grading permit. Grading shall not commence until, the Construction Plans have been reviewed, approved, and accepted by the County. Any alterations to the accepted Construction Plans must be reviewed, approved, and accepted in writing by the County's Planning and Public Works Departments. At that time, and unless otherwise amended, the 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, the Property Owner shall contact the County's Department of Planning Services and the County's Department of Public Works and request an inspection of the on -site improvements described in Section D.1.0 and D.2.0 above. The County's representatives may then initiate the process for "Acceptance of Improvements" set forth in Sections E.61-6.3. below. "End of Part 1" 9 of 22 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Big Thompson Investment Holdings LLC "Hickman Minor Subdivision"— MINF 12-0001 Part 2: General Provisions 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. 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 Property Owner 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. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at the sole expense of Property Owner, 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 and MTNF12-0001 Plat Map, be solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement, which are 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 set forth in Exhibit B stated herein upon application by the Property Owner. 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. 9 of 22 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. If County discovers inconsistencies in the testing results, Property Owner 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. 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, 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 Property Owner. 4.0 Release of Liability: Property Owner and 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. 5.0 Warranty of On -Site and Off -Site Improvements: Property Owner shall warranty all improvements to public rights -of -way, (if any), and 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 On -Site and/or Off -Site 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, alone, constitute an acceptance of said portions of the improvements. 6.2 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 10 of 22 MINF improvements in that phase of the MINF is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. 6.3a 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 Section 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 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 shall reinspect 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 MINF, the Board of County Commissioners shall fully accept said improvements. 6.3b 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 Section 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 reinspect 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 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 MINF, 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 improvements described in this Agreement shall be 11 of 22 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 (If Applicable) to be kept in place for the life of the permit. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements indentified on the accepted Construction Plans and MINF12-0001 Plat Map 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 that extend partially off -site as mentioned in Section A.1.0 (if any) or D.2.0 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 as "Entrance Improvements" on Exhibit "A" On -Site Improvements of this Agreement. This collateral must be submitted to County upon the submission of the Property Owner's application of a grading, building, and/or right -of way permit, or at a time determined acceptable by the Board of County Commissioners, and shall be held in total by County as provided in Section E.7.3 below until all improvements have been completed. 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 In the event Property Owner fails to adequately complete and/or repair improvements associated with this Improvements Agreement, County will access, in its sole discretion, Project or Warranty Collateral to the extent necessary to complete said improvements or repairs in order to preserve public interest. 7.5 Road Maintenance Collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners or at the time of approval of this Agreement, if no Project Collateral was initially submitted. Road Maintenance Collateral is held for use on roads associated with the designated haul route. The amount of the collateral required for road maintenance shall be one percent (1%) of the initial Project Collateral listed on Exhibit "A" — Cost Sheet (OFF -SITE) of this agreement. If no Off -Site Collateral is submitted, the amount of Road Maintenance Collateral shall be one percent (1%) of the initial Project Collateral listed on Exhibit "A"- Cost Sheet (ON -SITE). If no Project Collateral was initially submitted, Road Maintenance Collateral shall be submitted at the time of approval for this Agreement or at such time that approved MINF12-0001 activities are initiated. The 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, and the amounts will be listed on Exhibit "A"- Cost Sheet (OFF -SITE). Road Maintenance Collateral shall be held by County as long as this Agreement 12 of 22 is in effect and returned to the Property Owner upon vacation of associated land use agreement or permit. The Road Maintenance Collateral will only be accessed by the County, if upon notification to Property Owner of required roadway safety related repairs; Property Owner fails to perform said repairs. If any of this collateral shall be collected by County, Property Owner shall replace the amount, plus interest, within six (6) months. 7.5.1 Road Maintenance Collateral Option (For Materials Haulers): In lieu of cash collateral, Property Owner may submit funds quarterly to Weld County, at a rate of ten (10) cents per ton, based on the amount of processed material leaving the site. These funds will be escrowed by the County and utilized for roadway repairs specific to the MINF's designated haul route. The first payment of funds will be due three months after the initial sale of materials from the MINF site. Subsequent quarterly payments will be deposited in the associated escrow account until the MINF permit is terminated. Utilization of this collateral option will negate any further obligations of the Property Owner and/or Property Owner to participate in any future maintenance and/or improvements projects for the associated Haul Route. Upon vacation of the MINF for this facility and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining funds in the escrow account will be returned to the MINF Permittee. 7.5.2 Road Maintenance Collateral (For Off -Site Dust Control — If Applicable): The total costs for materials and application, will be listed on Exhibit "A" (OFF -SITE) — Dust Control, of this agreement. These funds will be utilized by the County for roadway applications specific to the MINF's designated haul route, only if the Property Owner does not adhere to the requirements for dust suppression as specified in Section A.6.0 of this agreement. Following completion of all construction phases, and/or upon vacation of this MINF, and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining Dust Control collateral will be returned to the MINF Permittee. . 7.6 Acceptable Project Collateral shall be submitted when the Property Owner submits an application for the Grading Permit, Building Permit, or Right - of -Way Access Permit prior to commencement of Site Preparation, as herein defined. 7.6.1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for all improvements are updated and collateral is provided in the amount of One -Hundred percent (100%) of the then current value of the improvements to be completed, and the development plans are revised to comply with all current County 13 of 22 standards, policies and regulations, except with prior County consent. The improvements shall be completed within the time schedule set forth in Exhibit °B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Property Owner's operations pursuant to MINF 12-000 1 that require a grading or building permit from the County pursuant to the Weld County Code. In the event that the Improvements outlined in this Agreement and Exhibit A are not completed within one year of the execution of this Agreement Weld County may require Property Owner to obtain current cost figures for one or more of the Improvements. 7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to one -hundred percent (100%) of the total value of the improvements set forth in the Improvements Agreement and the Plat; 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 an LOC: (IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Property Owner 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 and the Plat. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. The Property Owner shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Property Owner upon request. 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. In the event the Property Owner is required to warranty the improvements, the Property Owner shall replace the original deposit with a deposit in the amount of fifteen percent (15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7.10 The Board of County Commissioners 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 fonn of a performance bond offered by an insurance 14 of 22 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. 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 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. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 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 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. 8.7 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 15 of 22 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. 8.8 Following the written request for partial release of the "Project Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on -site and/or off -site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the partial release of "Project Collateral". For all off -site and on -site improvements (including improvements to public rights -of -way or easements), the written 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. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on -site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the conclusion of the Warranty period. The "Warranty Collateral" shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. 8.10 For all off -site and on -site improvements (including improvements to public rights -of -way or easements), the written request for release of 'Warranty Collateral" shall be accompanied by "Road Maintenance Collateral" (If Applicable) as specified in Section E.7.5 of this Agreement. "Road Maintenance Collateral" for roads associated with the designated haul route shall be maintained as long as the MINF is active. 9.0 Successors and Assigns: This Agreement may be assigned in its entirety by Property Owner without the express written consent of County to Peckham Development Corporation, a Colorado corporation, whose address is C/O Mark Goldstein, President, P.O. Box 273180, Fort Collins, CO 80527, provided that a copy of any assignment agreement is provided to County prior to execution and any required collateral under this Agreement be posted by Peckham Development Corporation at the time the assignment agreement is executed. Should the assignment agreement not be provided and/or any required collateral not be posted at the time the assignment occurs, the County shall not consent to the assignment to Peckham Development Corporation. Should this Agreement be assigned in its entirety to Peckham Development Corporation, Big Thompson Investment Holdings, LLC, shall no longer be liable for the obligations set forth in this Agreement and a new Improvements Agreement with Peckham Development Corporation shall not be required as otherwise required in this Section 9.0. This Agreement may not be delegated, transferred, or assigned in whole or in part by Property Owner to any other party without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Property Owner's release of its obligations shall be accomplished by County's execution of a new 16 of 22 Improvements Agreement with the successor owner of the property. (See paragraphs F. 1.2 and 2.2 below) Consent to a delegation or an assignment will not be unreasonably withheld by County. In the event of sale of the Property, County may agree to release Property Owner in whole or in part from obligations under this Agreement. 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 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 fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) 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 Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. 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 MINF12- 0001 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. 1.2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — MINF12-0001 by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — MINF 12-0001 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 MINT. 17 of 22 1.3 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — MINF12-0001 by New Operator: This Agreement shall terminate following County's execution of a new Improvements Agreement According ₹o Policy Regarding Collateral for Improvements — MINF 12-0001 with a new operator who has assumed the operation of the business on the Property which business activities are permitted by the then existing MINF. 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 Agreement According to Policy Regarding Collateral for Improvements — M1NF 12-0001 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 18 of 22 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 — M1NF12-0001 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 — MINF 12-0001 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 M1NF12-0001. 5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that activities related to M1NF12-0001 cease as a result of the revocation of the permit as described in Section 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 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. J. 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 19 of 22 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. 20 of 22 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: PRINTED NAME: Mark S. Goldstein TITLE: Manager, Big Thompson Investment Holdings, LLC STATE OF COLORADO SS. County of Weld The foregoing instrument was acknowledged before me this 2 day of { op 2014, by Mark S. Goldstein, Manager, Big Thompsilvestment Holdings, LLC. WITNESS my hand and official seal. My commission Expires: I.1.3.24:44 1.tC6ir5N0. 2.471040i 81 34 ATTEST: dithiv Weld County Clerk to the Board BY: Deputy Cler <<o the Board APPROVED AS TO FORM: 4L.1U447 _ Notary Public 1PieVU L. KATHRYN L. HERDER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104018139 MY COMMISSION EXPIRES 07113/2014 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Dougl4s Rademacher, Chair 21 of 22 County Attorney MAR 12 2014 (90/1-/-e)W,50 EXHIBIT,A - Cost Sheet (ON-4`ITE) Name of Subdivision, PUD,USR, RE, /ASPRF : L� (LL1 eot t. Inel elty taI Tai LFiling/Case #: tW J iZ • A7O i Location: LL,)) - PersonnelContact: Name /r1dtVk tapICt 7ifeiCl Title tittiActottest Phone 47o 231 ntending to be koall , bound, the undersigned Applicant hereby agrees to provide throughout this facility thefollowing improvements. Improvements (Leave spaces blank where they do not apply) (ON -SITE) Quantity Units Unit Costs ($) estimated Construction Cost (si Site Grading 322 4 21 CY 4 t. 51 423. 05 2. StreetGrading IA c latk-e6 Street Base 5000 +on 'Zp,OD lit. ) cry-) Street Paving N 0. Entrance Improvements (Per Sec. E.-7.2) Mcl e.A. I a tivat %tSC Curbs, Gutters, and Culverts tic._ Sidewalk n o. Stormwater/Drainage Facilities tYtclw, f.c‘ t ..ti -t, el,faXk+sc1 Retention / Detention Ponds Ivtci.tactel tilt . t6 Ctfact,;,,t.c, Road Culvert tttcl,u.tled t h �uioswr•eact ckv Ca- Grass Lined Swale t s'l clm.ctLd Ditch Improvements k A &LAM Subsurface Drainage i 1 4 gc)045 1 ,1`1V Sanitary Sewers/Sewage Facilities Inc._ Water Supply eA3,qt Sktt- Erosion Control Measures/BMP's 1 t 15 lc� Fire Hydrants Corn ?Lt.. Survey, Street MonumentsfBoxes Parking Area kA. Street Lighting Street Names yUs Signage & Pavement Marking g g'26,0.60 ti.3 2(4 Fencing Requirements Landscaping (Seeding, Trees, etc.) Park Improvements SUB -TOTAL: 706,(%, Engineering and Supervision Costs $ I tit &ALA Ivy (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supertiision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 10(01 Z8f Sheet CON;-SIT'E) Sigiigtor ... sge 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 corn By: Applicant Title /cf1AL 5. Gvi.O374„>, AAA., f 612 - By: Applicant Title ing to the construction schedule set out in Exhibit B Date 0, al ,20Iy Date , 20 EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: G j 11_ ts�A j 1Si Yt 1 r iiinglCase #414 t f1flZ-Qom/Location: tt)e 3 t Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following Improvements. All improvements shall be completed within 7.. years front the date of approval of the final plat. Construction of the umprovements listed in Exhibit A shall be completed as follows: Improvements (Leave spaces blank where they do not apply) Time Schedule f(N SJTF) (OFF -SITU Site Grading t �� (� Zn�� Street Grading Street Base Street Paving Curbs, Gutters, and Culverts Sidewalk Stnrmwater/Drainage Facilities /� "� /Q r ` r� �r tL f l t G 'l Retention I Detention Ponds Road Culvert '51\ Feat �OI4- Grass Lined Swale V Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's a Go1'l G 'f Laterals (house or building connected) Water Supply and Storage .301 �/(7 Water Mains (includes bore) �Al ( 1�r77 Fire Hydrants -sip' (6({ ultr Survey, Street Monuments/Boxes Parking Arca Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric firip �j, !' v i- rip Water Transfer 5,14 r! ( ��, r Final Completion Date for Entire Project d u 20 i , ! 0Pc EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant g ,i(D) M(l4 S. 1,014)574. - Title By: Applicant Title Date cg' 1 , 20 /'--I Date , 20 EXHIBIT J DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT: PECKHAM DEVELOPMENT CORPORATION, a Colorado corporation ("Grantor") the address of which is 2850 McClelland Drive, Suite 2400, Fort Collins, CO 80525, for and in consideration of the sum of Ten Dollars ($10) in hand paid and other good and valuable consideration the receipt and adequacy of which are hereby confessed and acknowledged does hereby grant, bargain, sell, convey, dedicate and transfer to WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado ("Grantee"), the address of which is 1150 "O" Street, Greeley, CO 80631, all of the real property legally described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); AND WARRANTS TITLE to the Property free and clear of all liens and encumbrances. Dated this as day of ,gLi . , 2017. PECKHAM DEVELOPMENT ORATION, a Colorado corporation By: STATE OF COLORADO ) )ss: COUNTY OF WELD ) Mark S. Goldstein, President The foregoing instrument was acknowledged before me this 6'day of 43-1-ewt ba r' , 2017, by Mark S. Goldstein, President of PECKHAM DEVELOPMENT CORPORATION, a Colorado corporation. Witness my hand and official seal .-- My Commission Expires: LJ 1 KATHRYN L. HERDER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104018139 MY COMMISSION EXPIRES JULY 13, 2018 3. aoi' ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above dedication of property as Public Rights -of -Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this day of , 2017. ATTEST: WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC OF THE CLERK TO THE BOARD: STATE OF COLORADO By: By: Deputy Clerk to the Board Chairman STATE OF COLORADO ) )ss: COUNTY OF WELD The foregoing instrument was acknowledged before me this day of September, 2017, by , Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO. Witness my hand and official seal. My Commission Expires: Notary Public 2 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY 3 t,uc 44- GcchfrSha. Pao NORTHERN ENGINEERING DESCRIPTION: Tracts of land being a portion of Lot A, Recorded Exemption No. 1057 -23 -2 -RE 1177, recorded at Reception No. 02185517 at the Weld County Clerk and Recorder, located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Considering the North line of the Northwest Quarter of Section 23 as bearing North 89° 56' 16" East, being monumented at the North Quarter corner of Section 23 by a #6 rebar with an illegible 2 'A" aluminum cap and the Northwest corner of Section 23 by a #6 rebar with a 2 'A" aluminum cap, PLS 34176 and with all bearings contained herein relative thereto: COMMENCING at the Northwest corner of Lot A, Recorded Exemption No. 1057-23-2- RE1177, which bears South 89° 56' 16" West, 431.82 feet from the North Quarter corner of Section 23; thence along the West line of said Lot A, South 00° 03' 44" East, 30.00 feet to a point on the South right-of-way line of Weld County Road #44, said point being POINT OF BEGINNING 1; thence along the South right-of-way line of Weld County Road #44, North 89° 56' 16" East, 118.57 feet to Point A; thence, South 00° 10' 15" West, 56.38 feet; thence, North 00° 09' 33" East, 2.15 feet; thence along a curve concave to the southwest having a central angle of 89° 59' 13" with a radius of 20.00 feet, an arc length of 31.41 feet and the chord of which bears North 44° 50' 04" West, 28.28 feet; thence, North 89° 49' 40" West, 24.36 feet; thence, North 89° 32' 13" West, 74.07 feet to the West line of said Lot A; thence, along said West line, North 00° 03' 44" West, 33.38 feet to the POINT OF BEGINNING, containing 4,100 square feet or 0.094 acres, more or less. ALSO: COMMENCING at aforementioned Point A; thence, North 89° 56' 16" East, 100.00 feet to POINT OP BEGINNING 2; thence along the South right-of-way line of Weld County Road #44, North 89° 56' 16" East, 9.25 feet to the East line of said Lot A; thence along said East line, South 00° 04' 05" East, 11.15 feet; thence along a curve concave to the southeast having a central angle of 42° 43' 57" with a radius of 35.00 feet, an arc length of 26.10 feet and the chord of which bears South 21° 32' 13" West, 25.50 feet; thence, North 00° 10' 15" East, 34.86 feet the POINT OF BEGINNING, containing 172 square feet or 0.004 acres, more or less. The above described tracts of land are subject to all easements and rights -of -way now on record or existing. LMS September 12, 2017 S:\Survey Jobs1694.005\Dwg\Lxhibils\694-005 Exhibit Description 2 S-23-17.docx PAGE 1OF2 301 N. Howes Street, Suite 100, Fort Collins, CO 80521 970.221.4158 I wwwnorthernengineering.com wmCOI m__SAP!rm_mmAKAS_rA., R /) ■ z/ ( > 2 C z ( # z \ k `;,O3 O z\\) [ 'S P ( LINE T \ \ ) § j ) ) a \ 2 / fi 9 S_1 g w& 9 9 EXHIBIT K April 10, 2017 WELD COUNTY ATTORNEY'S OFFICE 1150 "O" Street P.O. Box 758 Greeley, CO 80632-0758 Website: www.co.weld.co.us Phone: (970) 336-7235 Fax: (970) 352-0242 The Law Office of James A. Martell, LLC 145 N. College Avenue, Suite E Fort Collins. Colorado 80524 Via email to iamartelllawoffice.com markeee i resourees.com RE: Appeal of Denial of Access Permit Dear Mr. Martell: I am writing this letter in response to your appeal of a denial of an access permit off of Niobrara Boulevard near Weld County Road 44. Upon review of your information as well internal documents, the denial and appeal arc not yet timely to address. Niobrara Blvd. is an internal subdivision road, and the access requested is off the privately maintained road, not WCR 44. As a result, until Niobrara becomes publicly maintained, Weld County is not granting or denying accesses off of that road. The County has safety concerns regarding this access into the grader shed property. I lowever, at this time your appeal is not necessary as the consideration of the permit is not yet appropriate. Yours tr. Y, obi Frani:N. Haug Assistant Weld County Attorney cc: Jay McDonald, Janet Lundquist, Elizabeth Relford, Weld County Public Works. EXHIBIT L 1 BOCC STAFF USE DATE SET: TIME: BOARD OF COUNTY COMMISSIONERS WORK SESSION COVER LETTER RE: Weld County Industrial Park (WCIP) Department/Office: Public Works and Planning Date: 8/11/17 Person requesting work session: Elizabeth Relford, Michelle Martin, Bob Choate Has your commissioner coordinator/BOCC chair approved the work session: X Yes, commissioner coordinator Yes, BOCC chair Recommended length of time needed for discussion: 15 minutes 20 minutes X 30 minutes other (list) In addition to yourself and the board, please list who should attend: Jay MacDonald, Don Dunker, Cinde Wright, Curtis Hall, Evan Pinkham, Torn Parko, Michael Hall, Diana Aungst, Bruce Barker, Frank Haug, and Esther Gesick. Brief description of the problem/issue: The Weld County Industrial Park (WCIP) will meet their traffic triggers for turn lanes on WCR 44 with the current pre - applications site plan submittals. In accordance with the Improvements Agreement approved on March 12, 2014, the developer was required to construct Niobrara Boulevard to connect to WCR 44 before being able to operate any business - related activity to the 9 -lot subdivision (see page 1 and 2 of the attached IA). The connection to WCR 44 still has not been constructed and now the subdivision will meet the triggers for turn lanes on WCR 44 with the additional site plan review (SPR) applications. The Developer does not believe he will be able to construct these improvements before spring of next year (2018) and would like the County to continue processing his site plan applications. The Developer's Engineer is supposed to submit revised WCR 44 construction drawings to Public Works by the first of September. If approved, the Developer would have September and October to construct the improvements. Weld County is currently holding $706,289 in collateral for the connection and widening of the WCR 44/Niobrara Boulevard intersection connection. This collateral expires February 19, 2018. Options for the board: 1. Hold SPR applications until ALL improvements on Niobrara Blvd and WCR 44 are completed. 2. Process the two SPR applications for which the pre -apps were done, but hold future SPR applications for the remaining two lots, until the improvements on WCR 44 are completed. 3. Call on the letter of credit. 4. Require Goldstein to extend the collateral date to October 31, 2018. 5. Continue to allow Goldstein to operate without constructing any on-site/off-site improvements. Recommendation: Staff recommends option I because it appears this will be the only way we can ensure the road improvements will be completed this year. BOARD CHAIR USE EXHIBIT M Thank you for your assistance. Best Regards, Mark Goldstein From: Janet Lundquist[mailto:ilundquist(aweldeov.com] Sent: Wednesday, August 16, 2017 8:31 AM To: Mark Goldstein (mark@eeiresources.com> Cc: Curtis Hall <chall@weldgov.com>; Don Dunker <ddunkerPweldeov.com> Subject: RE: Weld County Industrial Park Hi Mark, The volumes are per day total trips. I put a map below for you for the lots to SPR question: Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 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. 2 From: Mark Goldstein lmailto:mark@Reiresources.com] Sent: Wednesday, August 16, 2017 8:22 AM To: Janet Lundquist <iundquist@weldgov.com> Cc: Curtis Hall <challPweldeov.com>; Don Dunker <ddunker(caweldgov.com> Subject: RE: Weld County Industrial Park Hi Janet Thank you. Can you verify which lots are tied to which site plan numbers and that trips is a proposed "per day" number? Thank you Mark Sc,,,' iron, nir I cri:on 4G LTE Droid On Aug 16, 20I7 8:15 AM, Janet Lundquist <jlundquistO 1‘cldum.com> wrote: Hi Mark, I put together a quick trip of the proposed traffic volumes from the completed Site Plan Reviews for the Weld County Industrial Park. Planning Case Total Trips SPR12-0010 260 SPR15-0001 530 SPR15-OOO2 390 SPR15-OO21 20 SPR16-0002 80 SPR16-0008 2 Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 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. 3 From: Mark Goldstein[mailto:markPeeiresources.comj Sent: Tuesday, August 15, 2017 6:18 PM To: Janet Lundquist <jundquist@weldgov.com> Subject: Weld County Industrial Park Janet If you have it handy can you send me the projected traffic numbers for each of the site plans that have been approved at the Weld County Industrial Park. Thank you for your assistance. Best Regards, Mark Goldstein 4 EXHIBIT N OJ it O 0. u a v T N 4 ~ E S W tt L to .+ o m to o o Do Al N m N .� o v .,-,1J 0, V m CO N N IA M ti V N O V C Q N O N N N IA N M N N M 0 O ...I N I- N N N N N N ' N CI1 V N N N o o0 ro N L. Q m V .1.11Al N -. LA N -4 O N to 10 V m N N m N ' R1 CT 10 O N M V V m -4 03 N Zit O N t0 Al V CO N N LO V O N N N in In M V N Lu to m m m O V m m N to to Ni m m C1 V .-t to LO N.. V . N N O N 61 N N m V to N d LL O . N t!1 N 00 t11 N N N N N IL ID V V 00 O u1 N Cr. LO N U7 U1 N rs C N ro O l0 N t0 m • C1 tD N D7 0 N to N a ro V 01 N N ri .0 N N Q m c, ui N t!1 m ' 1.0 V V N .74 cn O m z kb r -I m M N DO LO N m0 N N N ! . V t 0 to -1 t^ N N to Cr. V N to N N to a NbA O N t0 N N m ' N N Ui N V OD N N LO N'1 } 2 Q m u 0 ua u tD = 0 — . Y —I 2 O a 4, LL N C re t0 tI 4, 0 to O 2 to _-1 to 0. U, t0 ri V V V N t0 t0 t0 CO CO 00- N N N N O. N H N rl m m m M, N N CPI Ot C, V IIN V V 00 fff CO CO 03 03 CO CO 00 CO t0 1.0 t0 V V V m M DO CO oO Y1 N MI N N N olio 0 ID U3 it 1.01 Nl N 4.0 t0 t0 N N N N WI N N N N N N N ..4 U1 111 IA Cb N Vlly a 01 01 CM 03 03 03 touto to TOTAL DELIVERIES DO V m N N N CO m N a, H 0' t0 ri to N ri to t0 N V M a CO N O U, N N N CO ri V N 0 .i co H to m O m m O m m 00 N m 0 M O m m Days in Month N N N N co ha.N ha t0 07 CO N m m m N N a N N m N 4.0 m M N N N t0 m m N IA N N rn 03 m m or N N o CO Cl m m b tO N N N N 03 CO N ut tf1 IA N N N t0 1.0 N N V MRI to to V N N 0 0 0 tc ea m m N C uN1 t~r1 m to to m N oo o n ti, r,_ DD V V N + N U, M m V N N V N N EXHIBIT O Tel: 303-792-2450 P.O. Box 630027 EUGENE G. COPPOLA P.E., PTOE Fax: 303-792-5990 Littleton, CO 80163-0027 October 6, 2017 Mark Goldstein Goldstein Enterprises 2850 McClelland Drive, Suite 2400 Fort Collins, CO 80525 RE: CR 33 Access Weld County Industrial Park Dear Mark: I have reviewed the CR 33 - Niobrara Boulevard access to Weld County Industrial Park (WCIP) based on the anticipated delay in accessing CR 44. All WCIP traffic currently uses this access. Lots 5 and 8 are currently planned for development in the near term as outdoor storage for the oil and gas industry. Traffic counts were undertaken at the CR 33 - Niobrara Boulevard intersection on August 23, 2017. The defacto speed limit on CR 33 is 55 MPH. Peak hour turning movement counts are shown below, and include all site traffic from WCIP. Supplemental access to CR 44 has been designed and approved by the County. It will be built by WCIP and is expected in Spring/Summer 2018 following Excel Energy's relocation of the power lines along CR 44. At that time, a second full movement access will be available for site users. 11/13 I� 0/0 Niobrara oa CURRENT TRAFFIC Lots 5 and 8 are planned to serve as outdoor storage for the oil and gas industry. These lots will add the following peak hour traffic at the CR 33 access prior to the CR 44 access being available. CD CD LEGEND: AM/PM Peak Hour 8/6 N/N M C1 Niobrara LOTS 5 AND 8 TRAFFIC t r Until the CR 44 access becomes available, the following peak hour total traffic is anticipated. cn N CO N LEGEND: AM/PM Peak Hour L 1919 j N/N el rn IY ta r z z Niobrara TOTAL TRAFFIC As indicated, the number of southbound left turns into the site will peak at 28 vehicles per hour. This traffic is expected to remain constant until the CR 44 - Niobrara access becomes available. At that time, about half of the 28 vehicles will divert to the CR 44 access resulting in 14 vehicles turning left from CR 33 into WCIP. The County has adopted CDOT's State Highway Access Code criteria for turn lanes. CDOT NR -B criteria states that with a speed limit greater than 40 MPH, a left turn lane is required when there are 25 or more left turns. However, the left turn lane may be waived when there are fewer than 100 peak hour opposing vehicles in the long term. The long term in this instance is August, 2018 or sooner depending on when the CR 44 site access is available. r Waiver conditions are clearly met since: 1. Opposing traffic will be about 10 vehicles per hour in 2018 which is well below the 100 vehicle threshold requiring the left turn lane. 2. Supplemental access will be provided to CR 44; at which time, the number of inbound left turns will be reduced by about 50%. This results in only 14 left turns per hour. 3. With the CR 44 access, the southbound left turn lane will no longer be numerically warranted. In summary, it is concluded that the southbound left turn lane on CR 33 at the Niobrara Boulevard access is not needed. This determination is based on CDOT criteria which are intended to maintain smooth traffic flow and protect the public health, safety, and welfare. I trust this letter will meet your current needs. Please give me a call if you have any questions or need any further assistance. Sincerely, Eugelie G. Coppola, P.E., PTOE Traffic Impact Study HICKMAN DEVELOPMENT Weld County, Colorado Eugene G. Coppola, P.E. P.O. Box 630027 Littleton, CO 80163 303-792-2450 Traffic Impact Study HICKMAN DEVELOPMENT Weld County, Colorado Prepared For: AGPROfessionals 4350 Highway 66 Longmont, CO 80504 Prepared By: Eugene G. Coppola, P.E. P. O. Box 630027 Littleton, CO 80163 303-792-2450 May 24, 2012 Table of Contents I. INTRODUCTION 1 II. EXISTING CONDITIONS 3 A. Existing Road Network 3 B. Existing Traffic Conditions 3 C. Surrounding Land Uses 7 III. FUTURE TRAFFIC CONDITIONS 7 A. Site Assumptions 7 B. Site Traffic 9 C. Trip Distribution 10 D. Background Traffic 10 E. Future Total Traffic 10 F. Future Roadway System 18 IV. TRAFFIC IMPACTS 18 A. Auxiliary Lanes and Traffic Controls 21 B. - Future Operating Conditions (with Hickman) 21 V. DESIGN ISSUES 23 VI. CONCLUSIONS 24 List of Figures Figure 1 Vicinity Map 2 Figure 2 Current Traffic 5 Figure 3 Current Roadway Geometry 6 Figure 4 Concept Plan 8 Figure 5 Site Traffic Distribution 11 Figure 6 Site Traffic 12 Figure 7 Build Out Site Traffic 13 Figure 8 Short -Term Background Traffic 14 Figure 9 Long -Term Background Traffic 15 Figure 10 Short -Term Total Traffic 16 Figure 11 Long -Term Total Traffic 17 Figure 12 Short -Term Roadway Geometry 19 Figure 13 Long -Term Roadway Geometry 20 I. INTRODUCTION The Hickman Development (Hickman) is a proposed light industrial development in Weld County, Colorado. The site is generally located east of U.S. 85 between County Road 33 (CR 33) and Weld County Road 44 (CR 44). The initial phase of develop- ment will be a water service company with follow-on development expected to be other light industry. A vicinity map is presented in Figure 1. This study contains the investigations and analyses typically contained in a full traffic study. Key steps undertaken as part of this study are defined below. • Obtain current traffic and roadway data in the immediate area of the site. • Evaluate current traffic operations to establish baseline conditions. • Determine site generated traffic and distribute this traffic to the nearby street system. • Estimate roadway traffic for future roadway conditions. • Evaluate traffic operations with the proposed operation fully functional un- der future conditions. • Identify areas of potential deficiencies. • Recommend measures to mitigate the impact of site generated traffic as appropriate. r II. EXISTING CONDITIONS A. Existing Road Network The Hickman site is bordered on the west by U.S. 85, on the north by CR 44 and on the south by CR 33. These roadways are either under Weld County or Colorado Department of Transportation (CDOT) control. CR 33 is an east -west two-lane roadway serving the local area on both sides of U.S. 85. It is skewed in the southwest to northeast directions. CR 33 is currently paved between U.S. 85 and the railroad tracks and oiled to the east of the tracks. There is no posted speed limit on CR 33, east of U.S. 85. CR 44 is a paved two lane east -west roadway with one lane in each direction serving the area east and west of U.S. 85. The posted speed limit is 45 miles per hour. U.S. 85 is the major north -south roadway serving this area. It provides regional service and essentially abuts the site on the west. U.S. 85 has two lanes in each direction with auxiliary lanes at intersections and a posted speed limit of 65 miles per hour. The U.S. 85 intersections with CR 33 and CR 44 are under stop sign control. There are railroad tracks paralleling U.S. 85 on the east side with railroad gates controlling traffic on CR 44 and stop signs controlling CR 33 traffic at the railroad crossing. B. Existing Traffic Conditions Traffic counts were collected as part of this study and extracted from other sources and agency publications. The CR 33 and CR 44 intersections were counted during the morning highway peak hour (6:00 — 9:00 A.M.), and the afternoon highway peak hour (3:00 — 6:00 P.M.). Daily traffic was provided by the County and by CDOT. 3 Recent traffic is shown on Figure 2 with current roadway geometry and controls shown on Figure 3. Count sheets are provided in Appendix A. Critical intersections were evaluated using highway capacity procedures during the highway morning and afternoon peak hours. Resultant levels of service are shown below. CURRENT OPERATING CONDITIONS Intersection Control Movement/ Direction Level of Service AM Pk Hr. PM Pk Hr. CR 33 — U.S. 85 Stop NB L A A SBL A A WB LTR B C EB LTR B B CR 44 - U.S. 85 Stop NB L A A SBL A A WB LT C C WB R B B EB LT D D EB R A B For definition purposes, overall level of service 'D' is considered acceptable at stop sign controlled intersections during peak hours with critical minor street traffic move- ments allowed to operate at LOS `E/F. At signalized intersections, overall level of service D' or better is considered acceptable during peak hours. It should be noted that capacity analyses were conducted only to the level necessary to meet acceptable operations. Additional tweaking is expected to result in improved operations for individual traffic movements, approaches and/or overall operations at signalized intersections. As indicated above, acceptable operations are currently being experienced at all intersections. Capacity work sheets are provided in Appendix B. 4 e co 2 U) N CO 15/16 •4-- 2/6 • 28/18 1420 t r N 03 CO Ln � M O 0 O aD 260 LEGEND: AM/PM Peak Hour Daily 5 CR 44 CR 33 Figure 2 CURRENT TRAFFIC J C. Surrounding Land Uses The Gilcrest and LaSalle areas are located to the south and north of the site, respec- tively with Milliken located to the west. In the immediate area of the site, land uses are generally devoted to industrial and agricultural uses. III. FUTURE TRAFFIC CONDITIONS A. Site Assumptions The Hickman site will initiate development in 2013 with a water service company catering to the oil industry. It will be located along CR 33 south of the proposed driveway on some 8 acres. For evaluation purposes, the short- and long-term hori- zons were investigated. The short-term time frame represents the year 2013 con- sistent with the initial phase of development with the long-term representing the widely accepted planning horizon of some 20 years in the future. Development after the water service company is uncertain; however, the balance of the site, some 92 acres, is assumed developed as light industrial uses by 2032, the long-term horizon. With the initial phase of development all site traffic will enter and exit the site using CR 33. All departing truck trips will turn either left or right onto U.S. 85 with the reverse traffic movements expected for trips arriving at the site. Virtually all departing trucks will be loaded with arriving trucks being empty. Employee trips are expected to use the same arrival and departure routes. Site activity for the water service company will be up to 24 hours per day, seven days per week. A concept plan is provided on Figure 4. 7 PIA(' (' PRO 491U)lAIi, 1.1.�. �{II iTW�s� a+ai1 W4: 4350 Highway 66, Longmont, CO 80504 (970) 535-9318'• fax: (970) 535-9854 B. Site Traffic Site traffic for the initial phase of development was estimated using the operating strategies planned by the water service company. The site will generally operate up to 24 hours per day, seven days per week. Based on operator estimates, 124 trucks will enter and exit the site each day. There will be up to two employees per shift and two shifts per day. Site traffic is expected to arrive at and depart the site equally to and from the north and south on U.S. 85. No significant site traffic is expected to use the County street system. The balance of the site (92 acres) is expected to develop sometime after the water service company but before the long-term (2032) planning horizon. Uncertainties abound regarding future development; however, it is anticipated that light industrial uses will find this site attractive. Development activity will occur in concert with de- mand. Site traffic for Phase I and build out of the Hickman development is shown below: Use Size Daily AM Peak Hour PM Peak Hour Rate Trips Rate In Out Rate In Out Phase I Water Service - * 260 * 6 4 * 4 6 Future Phases Light Industrial 92 AC 51.8 4,766 7.51 573 117 7.26 147 521 TOTAL 5,026 579 121 151 527 * Based on water service operator estimates On a representative day, Phase I, the water service company, will generate 10 morn- ing highway peak hour trips, 10 afternoon highway peak hour trips and 260 daily trips. This reflects 248 truck trips, 8 employee trips and 4 miscellaneous trips per day. At build out, the Hickman development will generate 700 morning peak hour trips, 678 afternoon peak hour trips, and 5,026 trips per day. 9 C. Trip Distribution Trip distribution is a function of the origin and destination of site users and the availa- ble roadway system. In this case, virtually all traffic will use U.S. 85 to access either CR 33 or CR 44. Local trips will use the shortest access route; however, the number of local trips is expected to be negligible. The distribution of water from this site is based on operator estimates and anticipated market areas. Site traffic distribution is shown on Figure 5 with Phase I site traffic shown on Figure 6 and build out site traffic shown on Figure 7. Build out site traffic reflects future roadway changes planned as part of the U.S. 85 Access Control Plan. D. Background Traffic Background traffic was developed for the years 2013 and 2032. These represent the short- and long-term horizons. CDOT publications indicate a growth rate in the range of about 2% annually on U.S. 85. Growth on other streets was estimated using County provided annual growth rates of 2% for both CR 33 and CR 44. Short- and long-term background traffic is shown on Figures 8 and 9. E. Future Total Traffic Total traffic is the combination of site traffic and background traffic. It represents conditions with the Hickman site fully operational. Peak hours were evaluated since these times represent the most severe traffic conditions. Site traffic was added to background traffic resulting in the short- and long-term total traffic shown on Figures 10 and 11, respectively. 10 0 LO V co U) Nominal Nominal r 0 U, 11 CR 44 CR 33 Figure 5 SITE TRAFFIC DISTRIBUTION I u7 co 2 co N CO 1 M N l-- 2/3 t— N/N c-- 2/3 6/4 d > .` a l— N/N N/N —► LEGEND: AM/PM Peak Hour 12 CR 44 CR 33 Figure 6 SHORT-TERM SITE TRAFFIC co x U, it--- 50/175 1--- N/N 25/200 N/N N/N --► 75/155 290/75 --)t a) a) > a toz z u� r` N/N ii LEGEND: AM/PM Peak Hour NOTE: Rounded to nearest 5 vehicles. 13 190/50 CR 44 CR 33 Figure 7 BUILD OUT SITE TRAFFIC co z rn 15/15 f— N/5 i- 30/20 --10/5 �—N/N N/N N/N —� N/N ---► 5/5 LEGEND: AM/PM Peak Hour NOTE: Rounded to nearest 5 vehicles. 14 Z c 0 co Co CR 44 CR 33 Figure 8 SHORT-TERM BACKGROUND TRAFFIC O LO al O o o 0 N t� V r j Y �`- 25/25 -4— 5/10 1(-- 40/25 15/15 -it 20/10 ---÷ 10/10 O rn x-10/5 10/5 -� LEGEND: AM/PM Peak Hour NOTE: Rounded to nearest 5 vehicles. 15 CR 44 CR 33 Figure 9 LONG-TERM BACKGROUND TRAFFIC U, CO z Cn 0 o (D 0 ON o r- V7 N 15/15 4- N/5 i-- 30/20 5/5 --it 15/10 —÷ 5/5 --� N/N N/N - 4 5/5 k-- 5/10 4— N/N N/5 CR 44 a z z N/N 4— N/10 LEGEND: AM/PM Peak Hour NOTE: Rounded to nearest 5 vehicles. 16 5/5 —ill 20/10 -- * CR 33 Figure 10 SHORT-TERM TOTAL TRAFFIC Un co V) o Cr) •c - LO O s -- OO• H) M N ti M �-75/120 4- 5/10 65/225 -4-- 70/60 N/N 0 0 T co LC▪ ) k- 85/160 115/90 -► 390/100 --)t a> N/N 4— 10/5 10/5 —mil LEGEND: AM/PM Peak Hour NOTE: Rounded to nearest 5 vehicles. 190/50 10/N —► 17 CR 44 CR 33 Figure 11 LONG-TERM TOTAL TRAFFIC F. Future Roadway System No improvements are planned at the U.S. 85 intersections with CR 33 and CR 44 in the short-term. Consequently, the existing roadway system will remain constant through 2013. The U.S. 85 intersections with CR 33 and CR 44 have been identified in the U.S. 85 Access Control Plan as needing reconstruction in the future due to skewed approach- es and safety concerns. This improvement is rated as a high priority which is ex- pected by 2032 or earlier. The long-term roadway system is expected to include a traffic signal at CR 44 and improvements on the CR 44 approaches to U.S. 85. In conjunction with the CR 44 intersection improvements, CR 33 will be restricted to right -turn in and out movements and perhaps the left turn movement from U.S. 85 to CR 33. As part of this study, these changes were discussed with and determined reasonable by CDOT. For evaluation purposes only right turns were assumed al- lowed at the CR 33 intersection in the long term time frame. Short- and long-term roadway geometry is shown on Figures 12 and 13, respectively. IV. TRAFFIC IMPACTS To assess operating conditions with the site fully functional, capacity analysis proce- dures were utilized at key intersections. These include the U.S. 85 — CR 33 and the U.S. 85 — CR 44, and the site access intersections. Site access will only be available from CR 33 in the short-term, with CR 44 providing additional site access when needed to serve future development on this site. At the onset of these undertakings, future traffic volumes were reviewed at each location to determine if any new auxiliary lanes will be needed. Findings are indicated below. 18 JL U, co U) STOP STOP CR 44 4A, 19 STOP CR 33 Figure 12 SHORT-TERM ROADWAY GEOMETRY /" U, co STOP �— • 20 STOP d i 4 0 d •L STOP CR 44 CR 33 Figure 13 LONG-TERM ROADWAY GEOMETRY A. Auxiliary Lanes and Traffic Controls All warranted turn lanes currently exist at the U.S. 85 intersections with CR 33 and CR 44; however, these lanes were built to earlier design standards. Given that access restrictions will be imposed at the CR 33 — U.S. 85 intersection in the future, only 2 — 3 vehicles per hour will be added to impacted traffic movements, turning traffic is not high enough to meet warrants, and spacing is limited between intersections, no auxiliary lane improvements are needed in the short-term. Since turning traffic at CR 44 will not be impacted in the short-term, the geometry at that intersection will remain unchanged. Additionally, traffic at the CR 33 site driveway will be negligible in the short-term and will,not warrant any turn lanes on CR 33. In the long-term, the CR 44 — U.S. 85 intersection will be relocated, improved, and signalized. When this intersection is improved, it is expected that CDOT will improve the approach geometry at that time. A review of traffic at the CR 44 — site driveway and the CR 33 — site driveway intersections determined that an eastbound right turn lane will be warranted on CR 44 at the driveway intersection and that an eastbound left turn lane on CR 33 at the site driveway intersection will not be needed since eastbound left turns into the site are opposed by only 10 vehicles per hour which is well below the 100 vehicles per hour threshold when the left turn lane can be waived. This threshold assesses the likelihood of conflict between left turning vehicles and opposing traffic. B. Future Operating Conditions (with Hickman) Capacity analyses were conducted using short- and long-term total traffic and the short- and long-term roadway geometry. Acceptable conditions are defined as overall level of service `D' with critical, stop sign controlled side street traffic movements allowed to operate at level of service `E/F. Resultant levels -of -service are indicated in the following tables. 21 SHORT-TERM OPERATING CONDITIONS WITH PROJECT Intersection Control Movement/ Direction Level of Service AM Pk Hr. PM Pk Hr. CR 33 — U.S. 85 Stop , NB L A A SBL A A WB LTR C C EB LTR C C CR 33 — Drive Stop EB LT A A SB LR A A CR 44 - U.S. 85 Stop NB L A A SBL A A WB LT C C WBR B B EB LT D D EBR A B LONG-TERM OPERATING CONDITIONS WITH PROJECT Intersection Control Movement/ Direction Level of Service AM Pk Hr. PM Pk Hr. CR 33 — U.S. 85 Stop WB R B C EBR- B B CR 33 — Drive Stop EB LT A A SB LR A A CR 44 - U.S. 85 Signal EB C C WB C C NB C C SB A A Overall B B CR 44 — Drive Stop WB LT A A NB LR B B 22 As indicated, all intersections will operate acceptably in both the short- and long-term with development on the Hickman site. The capacity analyses do not consider the availability of right turn acceleration lanes and therefore better than indicated operat- ing conditions are expected. Accordingly, level -of -service 'C' or better is expected for all traffic movements at all intersections. Tweaking future traffic signal timings at the U.S. 85 — CR 44 intersection will also result in improved operations. For purposes of this study, however, analyses were only conducted to the point of demonstrating acceptable operations. Capacity worksheets are presented in Appendix C for short- term conditions and Appendix D for long-term conditions. V. DESIGN ISSUES Given that the CR 33 and CR 44 intersections are closely spaced along U.S. 85, that CR 44 will be relocated and connect to U.S. 85 at a signalized location and future turn restrictions will be imposed at CR 33, the practicality and cost-effectiveness of auxilia- ry lane improvements were considered when determining which improvements can be reasonably made. It was determined that the northbound right turn lane on U.S. 85 at CR 33 and the eastbound right turn lane on CR 44 at the site driveway can be in- stalled in the long-term. Preliminary auxiliary lane designs were developed for northbound to eastbound right turns at the U.S. 85 — CR 33 intersection and for eastbound right turns at the CR 44 driveway. Based upon current CDOT design criteria, truck usage, and the posted speed limits, the northbound right turn lane should have a deceleration length of 800 feet plus 300 feet of transition taper. On CR 44, an eastbound right -turn deceleration lane at the site driveway should be built with 435 feet of deceleration lane including a 160 foot transition taper. Large radii capable of accommodating trucks should be provided at both locations. The indicated improvements are not needed with Phase I, but will be warranted sometime thereafter. 23 The feasibility of building the above indicated auxiliary lanes should be investigated as part of the preliminary design phase. At that time, adjustments to the indicated design parameters may be appropriate or construction of any given lane may be determined impractical. The need for these lanes should be confirmed as development proceeds. VI. CONCLUSIONS Based on the above documented analyses and investigations, the following can be concluded: • Current operating conditions are acceptable in the area of the Hickman site, • Phase I of this development will generate 10 morning and afternoon peak hour trips and 260 trips per day. These trips will use CR 33 to access the site and can be accommodated by the existing roadway system. No new auxiliary lane improvements are needed with Phase I. • The existing roadway system can adequately serve Phase I traffic as evi- denced by very acceptable levels of service at all intersections. • At build out, the Hickman site will generate 700 morning highway peak hour trips, 678 afternoon highway peak hour trips and 5,026 trips per day, These trips can be served by CDOT planned improvements at the U.S. 85 — CR 44 and U.S. 85 — CR 33 intersections. • The existing northbound right turn lane on U.S. 85 at CR 33 should be im- proved sometime after Phase I. This lane should be improved to CDOT stand- ards when the lane is warranted by the combination of background traffic and site traffic resulting from future phases of development on the Hickman site. • On CR 44, an eastbound right -turn lane will be warranted at the site access when traffic volumes warrant this improvement. Preliminary design parameters for this lane are provided in this report for site build out conditions. 24 • Acceptable operating conditions will be achieved and maintained through the long-term at all intersections. • The Hickman development is viable from a traffic engineering standpoint. In summary, with the identified improvements the Hickman Development will not adversely impact the area street system. This is verified by the determination that acceptable operating conditions can be anticipated at all intersections for the foresee- able future. 25 APPENDIX A CR 33 & Highway 85 3/2712012 & 5/16/2012 City: Weld County, CO Tuesday & Wednesday C) N 0 a Phone: (303)792.2450 Total All le? l !tf ; .,'it:.c O tl A o0 ` i �� i Q1 1 - -:- t. { ,s N 1 44 fti O4 y 1; L % • N L . a , 1 r, !� ilk id- N c Total east/west r- P) CO In C') r Co P r UY M .- Westbound: Total i O : ., . i.t tic,: rq o S- At M. 'y La ' i• s of 04, •s f AV`s iii a -: { e i. _. s ,t 1 ? i g. iy a t M r 4i� • s' o 1 re O<- N N N O .- O CO r- •- O to O O O r- O O .- 0 0 0 0 0 J O O.- 00 00 .- — O N O Eastbound: Total `sv fi is Pi �. :.. 4 'lR s cd C y- N .- .- O N O O .-- O O Cl) o o.-- O O Ca O O O4- O O J r co y- O r N 0 0 N O v - S o id YO4,4 I - O C St V. el St VI r N M .- vt N e- ,p C A I 7 O h Total Al oe 0 .- M r' 0 0 0 4- 0 v- 0 0 fA J <- N V' .- .- o o N o r- 0 0 Northbound: Total S2 ' ! c!7 At Di to � i I 7 . � t k gnii rrd "A gin: * ! ki li y ,ax `it to 1 �4 ce C') N O N C 4- O O N a- O 07 J N y- c') N O— .- O r O r y - Time Begins CD O Co In .. Co O L71 CO y, CO O O 0 N .- 0 O M 0 0 O O CO to 0 0 en 0 I 08:45 ti a, ti CO N M N9 NS) CO 10 0 tO d s a . }X : rx r.t 1 Ir l � 4 r4� ..l 5 '1 .� if 'VI + L 474 rt 1 .. Y 1 1� r" tj.( ,' .' [. ....• 4'- {h rt' .3� 4 1 ' Y 1 h ricii ti 1 t.. 4 'pA a ..... L Er .1 t .. • L� ; .. St In M N N N in •" St '•t 1 2 N ff y {Sys 1�3 UJ.� j}' `5- 7 vH 1 { 4 4 .1 a(,rt r'" C'i'y '( § t% r'Sh AS,it m K A ? iS W4 ,rk x.3 ..ii .- N 4- O O N T O ('7 O .- O O O— O O O - O O N O O O r- 0 0.- 0 0 0 0 0 0 0 .. s ye t K , ti Y # y: Y�. 4Y( I,Y .rrs2 4 i M.4- oat ' w N N O.— y— O.— y— 0 0 .— N 0 0 0 0 0 0 0 0 0 .- O O N O 4- v- O O N Cl 4- O O St N CO co C.... N •t < In . in N c ,�y)) mix+ ty� N: �S � �Y' `h1� �T y�) 4� YEA t v 'Y� � 6° k t ,- r 'f'f .— O N .- — O O O N O O 1 N N c') M cO N N St N .- .- O iU7 , . , Avg , u'.4ht }'y !f 1 t.St � ;t 1 ' xt hJr #4. 43E 1: ' l ss k 14 4 �t ,„ R k i ,lxr t• j5 0 0 .— 0 0 .-' O y— O c*, 0 0 .— ..-- O O O O O 4— O O 03:15 1 { 03:30 R O .'- P7 V- O r M 05:45 0 0 0 0 0 0 0 0 0 M N fD ti lc" LO N CO CO 0 M Co s�. t a E d J CR 44 & Highway 85 Observer: Linda 3/27/2012 & 5/16/2012' W a N EUGENE G. COPP CO a Littleton, CO 80163 0 O 0.. City: Weld County, CO Tuesday & Wednesday Total All 6 N 1 c,D UP^ i is 3. k. !NO i�t C 'l aX s'-'''''4', OO 6 1 10 4'5 L.t 1 h . f 7 U) ) ry � I a !.; i , Total east/west aO v- O) CO N O) N a~- O M ..- .O - Westbound: I J• l")sta Ye.,. 7C s , ,f :: s tSl h. 7Y Q fCDv -Ty, ztf 1. 9 3Q f 1 .. '>r ,1 `,A:4 . . rh 1 '- J 1 r 7 1fD .. Z] J.J 9 N -, 2prLJj e r;, .). l• r.,; , O N 01 N CO O N. N ,- CO In 0- W CD r' 0 0 0 0 .^ — tl CO N .- J C-) it d' CO U) CO O) N CP N N Eastbound: I Total N td.%11{ f0 e N CpV F 01 'Ct :r .lCt )'3 '/411• N 16 N , s O) 2FY. � 7 � �.xL t0 cG N .- '- O N r- - CD C•) N N C/) C1 ,t '- .. CO 01 C') N CD N N .^ J CD— O .- O O CI N N d' N C') Total north/south (Cy N Sp N CO N t' N Cl N 277 Vg g N I 247 O N N QO N ,0 0 . 3 GO Total I r. i f N f ' ., ro N ..,'. V r i tJ M42 T, 1. A1 r 42 L T f` 'e 1 r} .- v3' ki.-k4 ! k <otr '2tt 1 A T12 •?.. ,-V t.t O) .4. 5? _... E N C1 N, st d .— Ch N .— M M rn o' CV ' � c «' '- CO oNJ J Cl 3C) (fl 1— C) Cn ti c", to CO to C- Northbound: I gh I-. / N.. x 't' 3. rt T. ' hrj; Y. ',, 'R ,P .D4 4 d 1n tti m i M'413 ! i vi c 1. itlav b < J>J k.. �I , i', C) CO 040:21^-03" 0) 0401.0 CD CD N N M N N aO N- M N J..O.... O 00.- O.- •-y- CO w °F,',47- 1- m O O CO'7 18018 �N' O O M O 07:45 Sul 8888 g 4' CD ti 0 In CA O CO ;ll•>�yyt ltn' CV O tO tO U- S a )4 F O ,,,, k S? !it ' -..i • ' .M •}/e .� ;vr. J'' I �Lr to , P3• r i a1r1 4 c'4 , tij t r 3 Of �tl ?} V':J -s- `,i, Q IO to ttf")' J J •'-:, i In An. 'P. if '.. 4,: t _O c0o 1. trii r�I. ♦M { S lTI on! illit F�f 4 6 j,.s tp y't't A...• f { ^ f G O ,t •• y L` F. y- 0) ?,,`Cl• .. l ti .t...= N- o 01-3 141 M-2 O1 O N- tl o N 3 O) el o f'' �t k".' Y ,..T"' ,, i~ r kJ t3 q: t� t. - n. r ri.}tiff r� a'st•y2J3 C itl.:7 08. 7 ,� t. v yi ia, im Y' 1.'''., 3 i t -4 c .Y Y C.. '... ,21,i 1f ( )it: ' en c•-. torn U) d' N CI O N CO .— O N N C-) ,-- CD CI N CD CO K) C-) (O C') CO N 1` N Cl O r- ,0 'M. �-1 Y , � .4 ) 1 ,' .. 1tn 1�''}rf• � �p` i FP Cp'.L pfd i. adz 31t:. vS.4 : ', •' CD .-- N N N' O CD CD N N. CD N .-- N O' N N .-' O Cl .— DI 1— C'') N O O Ct) O C^) M •" d' 307 I 323 N M O M A C7 N t') C', en 280 Q o* V 0, E P. N t i 1111 . �i )f 1451 iGr �tii Cn• ' (t� Cnl 'C.t9�?. t( (tM1r t0 I � t z CD. .31' ICJ t 4: CA' C4 1�# "' Art t�. 0. �- c �'> � € - e vfi� R s N O N •- '- , CO N a, N N N N 30 30 52- CO 2. 11-,- r t N CA N CO N CV ' N .- .- O Cn 'rCd: NI CD Y'1 1. t 1 CO CD M ODI flit t UC vS.\ M CO Cn CO CO N. tt) N - t0 O) N IC)NI- 30 CID 30(0 30 CO a, r N- C(0 111 .-- r O 0 CD s- 0 CD 0 .. - O M t.- 7 04:45 .' CO1 O'- M O a O t'7 O M O 0 a O r g 13 V' o 0 in 0 N 0 vi 0 vi 0 ID v CD' N CD M CD Co O ti CR O GIL n. E m J APPENDIX B rage or TWO-WAY STOP CONTROL SUMMARY General Information Analyst GC Agency/Co. Date Performed 5j3/2012 Analysis Time Period C PM Site Information Intersection CR33-US85 Jurisdiction Analysis Year eST LT TOTAL Project Description East/West Street: CR 33 Intersection Orientation: North -South North/South Street: US 85 Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Movement Northbound Southbound 1 2 3 4 5 6 L T R L T R Volume (veh/h) Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles Median Type RT Channelized 2 623 - 7 8 550 5 1.00 1.00 1.00 1.00 - - • 1.00 1.00 2 10 623 7 8 10 550 5 Two Way Left Turn Lane 0 0 Lanes 1 2 1 1 2. 1 Configuration L T R L T R n 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R olume (veh/h) 2 1 5 1 1 7 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 2 / 5 1 1 7 Percent Heavy Vehicles 25 25 25 25 25 25 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes _ 0 1 0 0 1 0 Configuration _ LTR LTR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement Lane Configuration 1 L 4 L 7 8 LTR 9 10 11 LTR 12 v (veh/h) 2 8 9 8 C (m) (veh/h) 958 896 437 396 v/c 0.00 0.01 0.02 0.02 95% queue length 0.01 0.03 0.06 0.06 Control Delay (s/veh) 8.8 9.1 13.4 14.3 LOS A A B B Approach Delay (s/veh) Approach LOS 13.4 14.3 B B Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/23/2012 11:24 AM 5/23/2012 rage 1 or 1 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst GC Agency/Co. Date Performed 5/23/zQ12 Analysis Time Period AM Project Description East/West Street: CR 33 Intersection CR 33 - US 85 Jurisdiction Analysis Year &ST LT TOTAL North/South Street: US 85 Intersection Orientation: North -South Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 _ L T R L T R olume (veh/h) 6 661 1 14 625 4 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 6 661 1 14 625 4 Percent Heavy Vehicles 10 - -- _ 10 -- -- Median Type _ Two Way Left Turn Lane - RT Channelized 0 0 Lanes 1 2 1 1 2 1 Configuration L T _ R L T R Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles Percent Grade (%) 2 0 4 2 1 3 1.00 1.00 1.00 1.00 1.00 1.00 2 25 0 25 4 25 2 25 1 25 3 25 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 Configuration LTR LTR Delay, Queue Length, and Level of Service Approach Movement Northbound 1 Southbound 4 7 Westbound 8 9 10 Eastbound 11 12 Lane Configuration L L LTR LTR v (veh/h) 6 14 6 6 C (m) (veh/h) 897 871 296 447 v/c 0.01 0.02 0.02 0.01 95% queue length 0.02 0.05 0.06 0.04 Control Delay (s/veh) 9.0 9.2 17.4 13.2 LOS A A C B Approach Delay (s/veh) 17.4 13.2 Approach LOS C B Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/23/2012 11:24 AM 5/23/2012 Page 1otl TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst GC Agency/Co. Date Performed 5/26/2012 Analysis Time Period ~'fIt PM Intersection 44-85 Jurisdiction Analysis Year ST TOTAL Project Description East/West Street: CR 44 Intersection Orientation: North -South North/South Street: US 85 Study Period (hrsj: 0.25 Vehicle Volumes and Adjustments Major Street Movement 1 Northbound 2 3 4 Southbound 5 6 L T R L T R Volume (veh/h) , Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles Median Type RT Channelized 1 594 37 18 530 12 1.00 1.00 1.00 1.00 1.00 1.00 1 594 37 18 530 12 15 15 Two Way Left Turn Lane 0 0 Lanes 1 2 1 1 2 1 Configuration Upstream Signal L T R L T 0 Minor Street Eastbound _ Westbound Movement 7 8 9 10 11 12 L T R L. T R olume (veh/h) 5 14 5 28 2 15 Peak -Hour Factor, PHF 1.00 1.00 1.00 _ 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 5 14 5 28 2 15 Percent Heavy Vehicles 15 15 15 15 15 15 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 1 0 1 / Configuration LT R LT R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LT R LT R v (veh/h) 1 18 30 15 19 5 C (m) (veh/h) 938 864 295 701 187 732 v/c 0.00 0.02 0.10 0.02 0.10 0.01 95% queue length 0.00 0.06 0.34 0.07 0.33 0.02 Control Delay (s/veh) LOS 8.8 A 9.3 A 18.6 C 10.2 B 26.4 D 10.0 A Approach Delay (s/veh) 15.8 23.0 Approach LOS C C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/26/2012 8:55 AM 5/26/2012 Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY General Information Analyst GC Agency/Co. Date Performed 5/226 2212 Analysis Time Period A Project Description East/West Street: CR 44 Intersection Orientation: North -South Site Information Intersection 44 - 85 Jurisdiction Analysis Year ST TOTAL North/South Street: US 85 Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Movement 1 Northbound 2 3 4 Southbound 5 6 L T R L T R olume (veh/h) 2 638 26 12 619 9 Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles 1.00 1.00 1.00 1.00 1.00 1.00 2 638 26 12 619 9 15 15 Median Type RT Channelized Two Way Left Turn Lane 0 0 Lanes 1 2 1 1 2 1 Configuration Upstream Signal L T R L T R Minor Street 0 Eastbound 0 Westbound Movement 7 8 9 10 11 12 L T R L T R olume (veh/h) 7 8 6 18 6 16 Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles 1.00 1.00 1.00 1.00 1.00 1.00 7 15 8 15 6 15 18 15 6 15 16 15 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 1 0 1 1 Configuration LT R LT R Delay, Queue Length, and Level of Service pproach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LT R LT R v (veh/h) 2 12 24 16 15 6 C (m) (veh/h) 867 839 232 681 184 689 v/c 0.00 0.01 0.10 0.02 0.08 0.01 95% queue length 0.01 0.04 0.34 0.07 0.26 0.03 Control Delay (s/veh) 9.2 9.4 22.3 10.4 26.3 '10.3 LOS A A C B O B pproach Delay (s/veh) 17.5 21.7 pproach LOS C C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: • 5/26/2012 8:57 AM 5/26/2012 APPENDIX C TWO-WAY STOP CONTROL SUMMARY General Information Analyst GC Agency/Co. Date Performed 5 3/2012 Analysis Time Period yM Project Description East/West Street: CR 33 Intersection Orientation: East-West Site Information Intersection CR 33 - DRIVE Jurisdiction Analysis Year L TOT; North/South Street: DRIVE Vehicle Volumes and Adjustments Major Street Movement Study Period (hrs): 0.25 Eastbound Westbound 1 2 3 4 5 6 L T R L T R Volume (veh/h) Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles 5 20 5 5 1.00 1.00 1.00 1.00 1.00 1.00 5 100 20 0 0 0 5 5 Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR 0 0 Minor Street Northbound Southbound Movement I 7 8 9 10 11 12 L T R L T R olume (veh/h) 5 5 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 0 0 0 5 0 5 Percent Heavy Vehicles 0 _ 0 _ 0 100 _ 0 100 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 = RT Channelized 0 0 Lanes 0 0 0 0 0 0 [Configuration LR Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh/h) 5 10 C (m) (veh/h) 1150 807 v/c 0.00 0,01 95% queue length 0.01 0.04 Control Delay (s/veh) 8.1 9.5 LOS A A Approach Delay (s/veh) Approach LOS 9.5 A Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/23/2012 11:36 AM 5/23/2012 rage ior>. TWO-WAY STOP CONTROL SUMMARY General Information Analyst GC Agency/Co. Date Performed 5123 012 Analysis Time Period PM Site Information Intersection CR 33 - DRIVE Jurisdiction IOTA Analysis Year1jLT Project Description East/West Street: CR 33 North/South Street: DRIVE Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Movement Eastbound Westbound 1 2 3 4 5 6 L T. R L T R olume (veh/h) 5 10 10 5 Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles Median Type RT Channelized 1.00 1.00 1.00 1.00 1.00 1.00 5 100 10 0 0 0 10 5 Undivided 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Signal 0 0 Minor Street Northbound Southbound Movement 7 8 _ 9 10 11 12 L T R L T R olume (veh/h) 5 5 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 0 0 0 5 0 5 Percent Heavy Vehicles 0 0 0 100 0 100 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh/h) 5 10 C (m) (veh/h) 1144 809 v/c 0.00 0.01 95% queue length 0.01 0.04 Control Delay (s/veh) 8.2 9.5 LOS A A Approach Delay (s/veh) 9.5 Approach LOS A Copyright ® 2010 University of Florida, AU Rights Reserved HCS+TM Version 5.6 Generated: 5/23/2012 11:37 AM 5/23/2012 a agl, a Va I TWO-WAY STOP CONTROL SUMMARY General Information Analyst GC Agency/Co. Date Performed 53/2012 Analysis Time Period IMPM Site Information Intersection. CR 33 - US 85 Jurisdiction Analysis Year ET A.TA Project Description East/West Street: CR 33 Intersection Orientation: North -South North/South Street: US 85 Vehicle Volumes and Adjustments Major Street Movement Study Period (hrs): 0.25 1 Northbound 2 3 4 Southbound 5 6 L T R L T R Volume (veh/h) Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles Median Type RT Channelized 5 640 10 15 560 5 1.00 1.00 1.00 1.00 1.00 1.00 5 10 640 10 15 10 560 5 Two Way Left Turn Lane 0 0 Lanes 1 2 1 1 2 1 Configuration L T R L T R 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R olume (veh/h) 5 5 5 5 5 5 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 5 5 5 5 5 5 Percent Heavy Vehicles _ 25 25 25 25 ' 25 25 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized _ 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Length, and Level of Service Approach [Movement Northbound Southbound Westbound Eastbound 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LTR v (veh/h) 5 15 15 15 C (m) (veh/h) 950 880 246 250 v/c 0.01 0.02 0.06 0.06 95% queue length 0.02 0.05 0.19 0.19 Control Delay (s/veh) 8.8 9.2 20.6 20.3 LOS A A C C Approach Delay (s/veh) Approach LOS 20.6 20.3 C C Copyright ©2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/23/2012 11:21 AM 5/23/2012 rage tetI TWO-WAY STOP CONTROL SUMMARY General Information Analyst CC Agency/Co. Date Performed 5/23/2012 Analysis Time Period AM Site Information Intersection CR 33 - US 85 Jurisdiction Analysis Year EXLT (ITA Project Description EastNVest Street: CR 33 Intersection Orientation: North -South North/South Street: US 85 Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R olume (veh/h) 5 670 5 15 640 5 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 5 670 5 15 640 5 Percent Heavy Vehicles 10 _ -- -- 10 __ -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 2 1 1 2 1 Configuration L T R L T R Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R ,L T R olume (veh/h) 5 5 5 5 5 10 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 5 5 5 5 5 10 Percent Heavy Vehicles 25 _ 25 25 25 25 25 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Length, and Level of Service Approach rMovement Northbound 1 Southbound 4 7 Westbound 8 9 10 Eastbound 11 12 Lane Configuration L L LTR LTR v (veh/h) 5 15 20 15 C (m) (veh/h) 884 860 260 218 v/c 0.01 0.02 0.08 0.07 95% queue length 0.02 0.05 0.25 0.22 Control Delay (s/veh) 9.1 9.3 20.0 22.7 LOS A ,A C C Approach Delay (s/veh) Approach LOS 20.0 22.7 C C Copyright ® 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/23/2012 11:22 AM 5/23/2012 1 Ct�V 1 VL 1 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst GC Agency/Co. Date Performed 4'6/2012 Analysis Time Period • M M Intersection 44 - 85 Jurisdiction Analysis Year Southbound Project Description East/West Street: CR 44 Intersection Orientation: North -South North/South Street: US 85 Vehicle Volumes and Adjustments Major Street Movement Study Period (hrs): 0.25 Northbound 1 2 3 4 5 6 L T R L T R Volume (veh/h) Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles Median Type 2 1.00 605 1.00 40 1.00 20 1.00 545 1.00 10 1.00 2 605 40 20 545 10 15 15 Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 2 1 1 2 1 Configuration Upstream Signal L T R L T R 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 Iv L T R L T R olume (veh/h) 5 15 5 30 2 15 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 5 15 5 30 2 15 Percent Heavy Vehicles 15 15 15 15 _ 15 15 Percent Grade (%) 0 0 Flared Approach N - N Storage 0 0 RT Channelized - 0 0 Lanes 0 1 1 0 1 1 Configuration LT R LT R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LT R LT R v (veh/h) 2 20 32 15 20 5 C (m) (veh/h) 927 853 287 697 177 725 v/c 0.00 0.02 0.11 0.02 0.11 0.01 95% queue length 0.01 0.07 0.37 0.07 0.38 0.02 Control Delay (s/veh) 8.9 9.3 19.1 10.3 27.9 10.0 LOS A A C 8 D A Approach Delay (s/veh) 16.3 24.3 Approach LOS C C Copyright ® 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/26/2012 8:59 AM 5/26/2012 rage 1 O1 1 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst GC Agency/Co. Date Performed 5/26/ 012 Analysis Time Period MOM) Intersection 44 - 85 Jurisdiction Analysis Year OTA EX6-7-A Project Description East/West Street: CR 44 North/South Street: US 85 Intersection Orientation: North -South Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Movement 1 Northbound 2 3 4 Southbound 5 6 L T R L T R olume (veh/h) 2 655 25 10 630 10 Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles Median Type RT Channelized 1.00 1.00 1.00 1.00 1.00 1.00 2 15 655 25 10 15 630 10 Two Way Left Turn Lane 0 0 Lanes 1 2 1 1 2 1 Configuration Upstream Signal L T R L T R 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 5 10 5 30 5 15 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 5 10 5 30 5 15 Percent Heavy Vehicles 15 _ 15 15 15 15 .15 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 1 0 1 1 Configuration LT R LT R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LT R LT R v (veh/h) 2 10 35 15 15 5 C (m) (veh/h) 857 826 247 673 164 685 v/c 0.00 0.01 0.14 0.02 0.09 0.01 95% queue length 0.01 0.04 0.49 0.07 0.30 0.02 Control Delay (s/veh) 9.2 9.4 22.0 10.5 29.1 10.3 LOS A A C 8 D 8 Approach Delay (s/veh) 18.5 24.4 Approach LOS C C Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/26/2012 9:01 AM 5/26/2012 APPENDIX D HCS 2010 Signalized Intersection Results Summary �,,�`• � �? ,1!?'+r ` Ua 1'.r - .1 iii rG .Y?6 -4'�-a, ki .s�t ' � �,-{e, m�wr7�'�v`—Y,3`t :-�2 r''�+€r'�+ • ' t '�t� a 1� ' F A-OP0,4 . vLa.,'>'d' irfi�f 'tI•y`Y�'Y71 #`. r, I R Sf a`, 76 i'� .a.ay'�..i's w �cc !r. { .Ya . �2...-=.-;,:L.a..�>;t... .itrt�"hisei<.�m.uzd "S,f� C"a � r��v y� -r �7� 1 kM. ,Ifr Y t. }�{y �Es ,�r5 , �p $t e�i General Information Intersection Information .Jva. iJa�+{ioviiii.4 y_�~_ Agency _ � Duration, h 0.25 �7tix Analyst GC Analysis Date 5/23/2012 Area Type Other Jurisdiction _.�_..._�. Intersection ...r�_..,�. ..,.,_ 'Time Period PM 85 - 44 Analysis Year '32 x a.nz r _. PHF Analysis Period 0,92 � 1> 7:00 .. . File Name _ - _. , � _ _ Streetsl^xus y _ µ it ., Project Description " • '•.j4 'S'i timr; A'r,c. MEW E�"'Ss• V .�• Art:" q,, eft""'-' t�'c2%-g�- ,r} p - r.Y � cf 4.' is rr�,St`�'•.- �-.).�r� -'l�� i3e ht'�r }�fy.�1.. _ w' , yi'�,• -y t!1�1 ! r fa •• ,..,kx ' 4 i�ti ' yY�. }��F} - �7u��^x 'kz'v '€F3 �'.. ,..- - .�n„�' Demand Information Approach Movement ..__,e, .w....,.,,,_,._.. _.,_.___,�,... . L TM EB .T , R _ WB .._ L TM. NB R I . _ L...,....:.T.._ R ' _L SB .....T _ Demand (v), veh/h 15 20 r 10 I 65 5 75 �5 865 155 ; 330 795 20 f l �T'•`Y4.y + Sf '9 3,'r.•r isfsi I ' x'Te:i_. t..•, ie :F'A ., rr ,, ai i� '. '4 •l.� n1'j, }; �iu, 7' . j Y-': S'` TbC'v ll Y �{ N� Signal Information __ __ Cycles 100..01 Reference Phase ~ 2 J y J ) 1i , �ri'� � 3 �' f , F k F - _0 Offset Point Point _ End s_ —.Reference M Green 20.0 35:0 30,0 0,0 0,0 0.0 Uncoordinated Yes Simult Gap EM/ "Fixed On Yellow 4.0 4.0 4.0 0.0 0.0 0.0 Simult GapN/S` Force Mode .0.0 On Red 1,0 1.0 1,0 0.0 0.0 0 0 - .-=.:gx-I, ::.,4,-..:, i-` i . -ka ,, b. '�.' z't n -. y3w �j r.Lb C i �h i�.ti Yl.', 4 ate: � + ' '% ✓ ��'f''-��'�/ ye p:{{' I"s *d : G•&& 3 R� 1 - .:y' � `� ^' $�?4a`:: iv3r� • �� .r, "� : �A{� t . -h'F' � AT rI ,,, F S: Z4.,/) €Y ._ S,t�- rb s .. y4 F Z• �1:.4 i t�Yg a#, tom € �� (.3.�F'i�Y3 ₹,. it • : - th .3...-C1 lNk tr kf '' ul. tr•; ' 1 )''a �'' Timer Results . EBL EBT WBL WBT NBL . NBT : SBL SBT Assigned Phase 4 8 1 Case Number —.,m.—..�,y.,--_-- _ r, x ". �, _..,.. K _ ... 5.0 _", _35. _. , ,..,.-......� �,_2_ 5.0 5.3 1.,0 _6 3.0 M Phase Duration Change Period, (Y+R_c), s �A. Max Allow Headway (MAH) s 5.0 2.9 .... 35.0 0 _—. 2.9 40.0 w $.0' 2.8 . 25.0:._, 5.0 l 2.9 65.0 5.0 2.8 Queue Clearance Time (gs), s 3.0 6.5 232 ! 12.6 9.0 Green Extension Time (ge), s 0.2 0.2 3.8 i 0.4 4.7 Phase Cali Probability .. 1.00 1.00 1:00 .1 .00 1.00 Max Out Probability 0.00 0.00 0.16 0.02 0.00 • '- fi } �'2 Oft s'L tr'Ys!'� v � ;�4''',"/--'•-'t_g n ` �• -, f �'4.. 1.}+'.°• s°.::'(i� �� t`i'>J'- '>i?��-i;"-."X i { ' 1}�YA�rtk' " "+Yi a: 5�^ ,'Ta.,, ' '''''''1.- l' .. _ .`. : r '' / ; -, ,F -.1.4'� •i'S 1 3} n:fiS ~'i!`._ '.4 • flF.. +'X a .y f. .A'e U� �tf�. i',- {� $:. th J .,f 1 ,,.:i EB. NB SB Approach Movement L T � R L T� R L T R L T _ Ra Assigned Movement y 7 •Adjusted 4 � ~ � 14 _a 3 _ 8 18 2 12 1 6 16 Flow Rate (v), veh/h 16 22 11 71 5 49 940 136 359 864 22 Adjusted Saturation Flow Rate (s), veh/h/In 1433 1900 _ 1610 1412 1900 1610 , 650 ' 1809 1610 1810 1809 . 161( Queue Service Time (gs), s 0.8 0.8 0.5 ' 3.7 . 0.2 1.6 0.5 21.2 6.0 j 10.6 7.0 0.5 Cycle Queue Clearance Time (ge), s 1.0 0.8 0,5 ~ 4.5 0.2 1.6 0:5 21.2 6.0 i : 10.6 7.0 0.5 Capacity (c), veh/h 499 570 483 484 570 805 300 1266 564 j 517 2171 966 Volume -to -Capacity Ratio OC) 0,033 0.038 0.023 0.146 0.010 0.061 0.018 0.743 0:241 0.693 0.398 0,02: Available Capacity (ca), veh/h 499 570 483 484 570 805 'f 300 1266 564 517 2171 966 Back of Queue (Q), veh/ln (50th percentile) 0.2 0.3 0.2 1.1 0.1 0.5 :• 0.1 7.0 2.0 3.8 1.6 0.1 Overflow Queue (Q3), veh/In 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0,0 0.0 0.0 0.0 0.0 Queue Storage Ratio (RQ) (50th percentile) 0.00 0.00 0.00 0.00 .0.00 0.00 ' 0.00 0.00 0.00 0.00 0.00 0,00 Uniform Delay (di), s/veh r ' 24.9 24.8 24.7 26.4 24.6 12.9 21.3 23.0- 23.1 16.8 j 4.7 8.1 Incremental Delay (d2), s/veh 0.0 0.0 0.0 0.1 0.0 0.0 0.0 2.1 0.1 ! 3.3 0.0 0.0 Initial Queue Delay (d3), s/veh 0:0 0.0 0.0 _ 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay (d), s/veh 24.9 24.8 24.7 26.4 ' 24.6 12.9 21.3 25.1 23.2. 20.1 4.7 8.1 Level of Service (LOS) C _ C CCCBCCC C A A Approach Delay, s/veh / LOS 24.8 C 21.1 T C 24.8 C - 9.2 A Intersection Delay, s/veh / LOS 16.9 B 4.t': t ^r'�..y C•`"!: '---w'Ti +sv Arlie'{;F- ':;{ s • �i.,47•7r ,. .�, . �C i :��, 1d?r.V,,y�y :: :9 ".o -tom—' .xy-J .•: 'a',- f'_3-,) `1 "-*:-.r:, .>.� i G; :j�� 4r. <s'i7. "c t, F .,# �% 8� rbY�YL aia i� + `s7+n` :?'+?' ' "+t�. - :� ��"-- �"'.',5'C".. t.,, u . mod* `r,-+ Y v: � ,^ r3 .-4.t Multimodal Results EB WB NB — r,> ₹# S i Pit5 , , t '-`, : r e,c .f:.:, , S., +ryfi..�'�-°^at SB Pedestrian LOS Score / LOS 3.0 C 3,0 A 0.7 C 2.5 A 1.4 B A 2.4 1.5 B A Bicycle LOS Score / LOS 0.6 Copyright 72012 University of Florida, All Rights Reserved. HCS 2010"'' Streets Version 6.3 Generated: 5/23/2012 12:16:59 Pt Force Mode ( Fixed General Information Agency _ Analyst _ Jurisdiction Intersection Fite _ Name Streets1.xus Project Description s�;+ t,S-"C� r4�.ii� f`'X' s t`'°1+ti',`-t�''��''',-✓a�•o,-sAxRa Ac: M `CY.e:t' fi4 } .H:_�1.: �hi..l'+-?pl. ..� �' ZA w'...Gr }' �.,c li+ GC Analysis Date 5/23/2012 Time Period AM 85 -44 Analysis Year 20 2' yoTA L. Demand Information Approach Movement Demand (v) veh/h Signal Information Cycle, s 100.0 Reference Phase __ Offset, s m m 0 Reference Point Uncoordinated Yes Simult. Gap EAN On Simult.. Gap N/S On .Timer Results ___ ____ ______—., Assigned Phase Case Number..,mr. .. .., x,.,.. ,.. n.. Phase Duration, s Change.: Period, (Y+Rc),Ns Max Allow Headway (MAH), s ,_ Queue Clearance Time (gs), s Green Extension Time (ge), s� Phase Call Probability Max Out Probability WEE Movement Group Results Approach Movement —_ Assigned Movement _ Adjusted Flow Rate (v), veh/h _ Adjusted Saturation Flow Rate (s), veh%h/In_ ,� Queue Service Time (gs), s Cycle Queue Clearance Time (gc), s _ Capacity (c), veh/h _ .. __._ . Volume -to -Capacity Ratio (X) _ Available Capacity (Ca), veh/h _ 494 570 _ Back of Queue (Q), veh/In (50th percentile) _ 0.3 0.2 Overflow Queue (Q3), veh/In HUS ZU1 U Signalized Intersection Results Summary .1t F i`:A;y° Yiwst3ia23rY�'c�i ;yl }t.l-hu"4 TE,- h`' PAgniiinc j;,?LW .16, `PATH Wig- -;19,46 da'A7.-E'ZiaAdeatatedaLikt-g-t`litsitt. Intersection Information .., _ _ �.._. _ . _ Duration, h Area Type PHF 0.25 __ _ W_. Other w__ 0.92 _._ Analysis Period E> 7:00 EB j. WB 1 10 0225T� • p., SL's 7111 Green 15.0 40.0 . 30.0 0.0 0.0 _ 0.0 Yellow 4.0 4.0 4.0 0.0 0.0 0.0 Red 1.0 ~ 1.0 1.0 0.0 _ 0.0 .tQ 0.0 -'a' .�±a�a::•rr a± a� SB 120 10 1110 .65 115 930 EBT `~mWBL 4 50 935.0• 5.0 m _w 2.9 ._.a.,. 3.2®. 0.6 1.00_ ._,.0.00_ 1 0.0 0.0 •Queue Storage Ratio (RQ) (50th percentile)6� 1 0.00 Uniform Delay (di), s/veh 1. 25.1 Incremental Delay (d2), sNeh ' ,0.0 Initial Queue Delay (d3), s/veh r n _ _ z.�.,- 0.0 n Control Delay (d), s/veh 25.1 Level of Service (LOS) Approach Delay, s/veh / LOS Intersection Delay, s/veh / LOS 749, Muttimodal Results Pedestrian LOS Score / LOS Bicycle LOS Score / LOS Copyright::) 2012 University of Florida, All Rights R+Nerved, K 0.023 483 0.2 0.0 0.00 24.6 t 24.7 0.0 I 0.0 0.0 0.0 24.C-24.7 24.7 C C 24.8 C 3.0 0.6 A 14 3_ 8 11 245 11 1610 1426. 1900 0.5 ` 14.6 0.4 0.5 15.0 0.4 483 494 570 0.495 0.019 494 570 4.5 .. 0.2 WBT NBC NBT 8 5.0 35.0 5.0� 2.9 X17.0 0.5 1:00 0.00 0.0 0.0 0.00 0.00 29.9 24.6 0.3 0.0 0.0 0.0 x30.22 24.6 C C 26.1 17.1 NCS 2010" Streets Version 6.3 3.0 1.1 WB 18 98 1610 3.6 3.6 725 0.135 725 1.1 0.0 0.00 16.1 0.0 0.0 16.1 B A 28.0 28.0 1447 1.2 1.2 299 0.036 299 0.1 0.0 0.00 18.4 0.0 0.0 18.4 B 5.3- _45.0 NB T R 2 12 1207 38 1610 1.5 1.5 644 0.059 644 0.00 20.5 4.1 0.0 3.2 3.2 400_ 0.313 400 0.5 ! 1.0 0.0 0.0 0.00 0.00 18.4 16.1 0.0 0.2 0.0 0.0 18.5 16.2 B 2.5 B 1.5 A SBL. SST_ 1: 6� 1.0 3.0 1 6 125 1011 65.0 5.0 2.8 10.9 6.1 1.00 _ 16 16 1810 1809 161 8.9 .. 8.9 2171 0.466 2171 2.0 0.0 0.00 4.9 0.1 0.0- SB 0.4 0.4 966 0.01: 966 0.1 0.0 0.00 0.0 0.0 1.4 j A 2.4 B Generated: 6/23/2012 12:13:38 Pr TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst GC Agency/Co. Date Performed 5/23/2012 Analysis Time Period j)PM Project Description East/West Street: CR 33 Intersection CR 33 - DRIVE Jurisdiction Analysis Year Westbound North/South Street: DRIVE Intersection Orientation: East-West Study Period (hrsj: 0.25 Vehicle Volumes and Adjustments Major Street Movement 1 Eastbound 2 3 4 5 6 L T R L T R olume (veh/h) 190 10 10 5 Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles Median Type 1.00 1.00 1.00 1.00 1.00 1.00 190 10 0 0 10 5 0 0 Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration Upstream Signal LT TR 0 Minor Street Northbound Southbound Movement 7 __ 8 9 10 11 12 L T R L T R Volume (veh/h) 5 75 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 0 0 0 5 0 75 Percent Heavy Vehicles 0 0 _ 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N _ N Storage 0 0 RT_Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh/h) 190 80 C (m) (veh/h) 1616 1011 v/c 0.12 0.08 95% queue length 0.40 0.26 Control Delay (s/veh) 7.5 8.9 LOS A A Approach Delay (s/veh) Approach LOS 8.9 A Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/23/2012 11:34 AM 5/23/2012 J. ubv a vi a TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst GC Agency/Co. Date Performed 5/23012 Analysis Time Period AM Project Description East/West Street: CR 33 Intersection CR 33 - DRIVE Jurisdiction Analysis Year S LT TiTA tersection Orientation: East-West North/South Street: DRIVE Study Period (hrs): 0.25 r Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R (Volume (veh/h) 50 5 5 5 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 . 1.00 1.00 Hourly Flow Rate,'HFR (veh/h) 50 5 0 0 5 5 Percent Heavy Vehicles 0 _ -- 0 -- — Median Type Undivided RT Channelized 0 0 Lanes 0 1. 0 0 1 0 Configuration LT TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles Percent Grade (%) 5 155 1.00 1.00 1.00 1.00 1.00 1.00 0 0 0 0 0 0 5 0 0 0 155 0 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service pproach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh/h) 50 160 C (m) (veh/h) v/c 1623 1071 0.03 0.15 95% queue length 0.10 0.52 Control Delay (s/veh) 7.3 9.0 LOS A A pproach Delay (s/veh) 9.0 pproach LOS A Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/23/2012 11:32 AM 5/23/2012 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst GC Agency/Co. Date Performed 23/2012 Analysis Time Period PM Intersection CR 33 - US 85 Jurisdiction Analysis Year EX S7XLTJ OTA Project Description East/West Street: CR 33 North/South Street: US 85 Intersection Orientation: North -South Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R olume (veh/h) 1030 200 865 10 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) . 0 1030 200 0 865 10 Percent Heavy Vehicles 10 -- -- 10 — -- Median Type Raised curb RT Channelized 0 0 Lanes 0 2 1 0 2 1 Configuration T R T R Upstream Signal _ 0 0. Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R olume (veh/h) 10 85 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 0 0 10 0 0 85 Percent Heavy Vehicles 25 _ 25 25 25 25 25 Percent Grade (%) 0 0 Flared Approach N - N Storage 0 0 RT Channelized 0 0 Lanes • 0 0 1 0 0 1 Configuration _ R _ R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R R v (veh/h) 85 10 C (m) (veh/h) 496 557 v/c 0.17 0.02 95% queue length 0.61 0.05 Control Delay (s/veh) 13.8 11.6 LOS B B Approach Delay (s/veh) Approach LOS 13.8 B 11.6 B Copyright ® 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/23/2012 11:28 AM 5/23/2012 1 u�V a Vl I TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst GC Agency/Co. Date Performed 5/23/2012 Analysis Time Period Mn Intersection CR 33 - US 85 Jurisdiction Analysis Year EXSTT (OTA Project Description East/West Street: CR 33 North/South Street: US 85 Intersection Orientation: North -South Vehicle Volumes and Adjustments Major Street Movement 1 Northbound 2 Study Period (hrs): 0.25 3 4 Southbound 5 6 L T R L T R Volume (veh/h) Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles Median Type 1010 50 1140 5 1,00 1.00 1.00 1.00 1.00 1.00 0 10 1010 50 0 10 1140 5 Raised curb RT Channelized 0 0 Lanes 0 2 1 0 2 1 Configuration Uostream Signal T R T R 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R xf olume (veh/h) 5 160 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 0 0 5 0 0 160 Percent Heavy Vehicles 25 25 25 25 25 25 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 1 0, 0 1 Configuration _ R R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R R v (veh/h) 160 5 C (m) (veh/h) 503 459 v/c 0.32 0.01 95% queue length 1.36 0.03 Control Delay (s/veh) 15.5 12.9 LOS C 8 Approach Delay (s/veh) 15.5 12.9 Approach LOS C 8 Copyright© 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/23/2012 11:28 AM 5/23/2012 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst GC Agency/Co. Date Performed (3/2012 Analysis Time Period PM Intersection CR 44 - DRIVE Jurisdiction Analysis Year LT TOTAL Project Description EastNVest Street: CR 44 North/South Street: DRIVE Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Movement Eastbound Westbound 1 2 3 4 5 6 L T R L T R Volume (veh/h) Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h) Percent Heavy Vehicles Median Type RT Channelized 115 390 5 70 1.00 1.00 1.00 1.00 1.00 1.00 0 115 390 5 70 0 0 0 Undivided Lanes Configuration Upstream Signal 0 1 T 0 1 0 R LT 1 0 0 Minor Street Northbound Southbound Movement 7 8 , 9 10 11 12 L T R L T R Volume (veh/h) 75 5 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 75 0 5 0 0 0 Percent Heavy Vehicles 10 0 10 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh/h) 5 80 C (m) (veh/h) 1070 780 v/c 0.00 0.10 95% queue length 0.01 0.34 Control Delay (s/veh) 8.4 10.1 LOS A B Approach Delay (s/veh) 10.1 Approach LOS B Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/23/2012 1:55 PM 5/23/2012 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst GC Agency/Co. Date Performed 5/23/2012 Analysis Time Period AM('1 1 Intersection CR 44 - DRIVE Jurisdiction Analysis Year LT TOTAL Project Description East/West Street: CR 44 Intersection Orientation: East-West North/South Street: DRIVE Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Movement 1 Eastbound 2 3 4 Westbound 5 6 L T R L T R Volume (veh/h) Peak -Hour Factor, PHF Hourly Flow Rate, HFR (veh/h Percent Heavy Vehicles Median Type RT Channelized 90 100 5 60 1.00 1,00 1.00 1.00 1.00 1.00 0 0 90 100 5 0 60 0 Undivided 0 0 Lanes 0 1 1 0 1 0 onfiguration T R LT Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 375 5 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 375 0 5 0 0 0 Percent Heavy Vehicles 10 0 10 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh/h) 5 380 C (m) (veh/h) 1396 812 v/c 0.00 0.47 95% queue length 0.01 2.52 Control Delay (s/veh) 7.6 13.3 LOS A 8 Approach Delay (s/veh) 13.3 Approach LOS 8 Copyright © 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 Generated: 5/23/2012 1:55 PM 5/23/2012 EXHIBIT P RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAN, MINF12-0001, FOR A NINE (9) LOT MINOR SUBDIVISION IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT - BIG THOMPSON INVESTMENT HOLDINGS, 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, the Board of County Commissioners held a public hearing on the 31st day of October, 2012, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Big Thompson Investment Holdings, LLC, 1205 W. Elizabeth Street, P.O. Box 134, Ft. Collins, Colorado 80521, for a Site Specific Development Plan and Minor Subdivision Final Plan, MINF12-0001, for a nine (9) Lot Minor Subdivision in the 1-3 (Industrial) Zone District on the following described real estate, to -wit: Lot B of Recorded Exemption, RECX12-0056; being part of W1/2 of Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was represented by Tim Naylor and Tom Haren, AGPROfessionals, LLC, 4350 Highway 66, Longmont, Colorado 80504, and WHEREAS, Section 24-3-50 of the Weld County Code provides standards for review of said Minor Subdivision Final Plan, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24-3-50 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24-3-60 of the Weld County Code, including specifically: A. Section 24-3-60.O — The applicant has the burden of proof to show the standards of Paragraphs 1 through 15 below are met. 1) Section 24-3-60.O: Compliance with Chapter 24, Chapter 22 of the Weld County Code, the zone district in which the proposed use is located, and any adopted intergovernmental agreements or master plans of affected municipalities. This property Is located in an 1-3 Industrial Zone District, which was approved under COZ11-0001. It Is not located in the adopted master plans of the Towns of LaSalle or Gilcrest. The proposed subdivision is also 12-3002 b PL2147 MINOR SUBDIVISION (MINF12-0001) - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 2 located outside the IGA boundaries between Weld County and the Towns of Gilcrest and LaSalle. The 1-3 zoning also allows I-1 and 1-2 Industrial uses. Both towns were notified of the proposed subdivision and did not respond to the referral. 2) Section 24-3-60.O.2: Provisions have been made to preserve prime agricultural land. The applicant has made provisions to conserve prime agricultural land by keeping the agricultural uses on -going while the subdivision builds -out. The owner intends to keep the existing well that is permitted for Irrigation and the Western Mutual Ditch that runs parallel on the west for most of the property will remain agricultural. Once the subdivision is built -out, the agricultural uses will go away. COZ11-0001 effectively authorized the agricultural uses to fade out when the property's zoning was changed from Agricultural to Industrial. 3) Section 24-3-60.O.3: Provisions have been made for a public water supply that is sufficient in terms of quantity, dependability and quality to provide water for the minor subdivision, including fire protection. The applicant has evidence that the proposed subdivision can be served by a public water supply. The applicant has a will -serve and commitment letter from the Central Weld County Water District (CWCWD) and will purchase taps on an as - needed basis. The applicant will also be burdened with the cost to extend the water lines into the subdivision. 4) Section 24-3-60.O.4: That, if a public sewage disposal system is proposed, provision has been made for the system and, if other methods of sewage disposal are proposed, evidence that such systems will comply with state and local laws and regulations, which are in effect at the time of submission of the minor subdivision. There is no public sewer available to the proposed subdivision. The applicant is authorized by Code to apply for Individual Sewage Disposal Systems (I.S.D.S.) on each lot. The Weld County Department of Public Health and Environment has reviewed this request and finds it acceptable. 5) Section 24-3-60.O.5: All areas of the minor subdivision, which may involve soil or topographical conditions presenting hazards or requiring special precautions, have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions. The applicant has submitted a Soils and Geologic Hazard Report, which was reviewed by the State of Colorado, Division of Mining and Geology. The State did not find any evidence of unique, unusual or suspect conditions that would prohibit or severely limit development. 6) Section 24-3-60.O.6: Streets within the minor subdivision are adequate In functional classification, width and structural capacity 2012-3002 PL2147 MINOR SUBDIVISION (MINF12-0001) - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 3 to meet the traffic requirements of the minor subdivision. Standards are established in Chapter 24, Appendix 24-E. The proposed streets within the development meet the minimum County requirements. The Department of Public Works has reviewed the application and has deferred most of the comments when the applicant proposes to develop the lots within the subdivision, thereby triggering a site plan. 7) Section 24-3-60.O.7: Off -site street or highway facilities providing access to the proposed minor subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the minor subdivision. The subdivision proposes to access County Road (CR) 44 and CR 33. The applicant has been working diligently with the Department of Public Works to access CR 44. Current access exists at CR 33. The Colorado Department of Transportation received the traffic study and indicated that the initial phase of the development will not require any improvements. Future uses and phases will be evaluated and the applicant understands that there may be costs associated with off -site improvements. CR 44 is designated as an arterial and CR 33 is designated as a local gravel road. 8) Section 24-3-60.O.8: The construction, maintenance, snow removal and other matters pertaining to, or affecting the road and rights -of -way for, the minor subdivision are the sole responsibility of the landowners within the minor subdivision. The applicant will form a Homeowner's Association that will be responsible for the on -going maintenance of the subdivision. The final association documents will be a condition prior to recoding the plat and will be filed and recorded with the County. 9) Section 24-3-60.O.9: The Hickman Subdivision is not part of, or contiguous with, another subdivision or an unincorporated townsite. The nearest subdivision is located at the northwest corner of U.S. Highway 85 and CR 44, known as the Hunt/Wiedeman Subdivision. This is not contiguous with Hickman. 10) Section 24-3-60.O.10: There will be no on -street parking permitted within the minor subdivision. All parking will be located off -site and incorporated into any site plan. This will be incorporated into the subdivision's association documents. 11) Section 24-3-60.O.11: No additional access to a county, state or federal highway will be created. No additional accesses are proposed on U.S. Highway 85. In fact, the US 85 Access Control Plan calls for CR 33 to be closed and realigned at some point in the future. The County has agreed to allow the owner to access CR 44 where an existing access is located and where the County owns property. 2012-3002 PL2147 MINOR SUBDIVISION (MINF12-0001) - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 4 12) Section 24-3-60.O.12: All proposed lots in the subdivision will ingress and egress onto an internal road network and the proposed roads have adequate circulation. 13) Section 24-3-60.O.13: Facilities providing drainage and stormwater management is adequate. The owner has provided an area on an outlot, which specifically handles the subdivision's drainage and stormwater runoff. The applicant submitted both a preliminary and final drainage report, which will be finalized and made Conditions of Approval prior to recording the plat. The reports were prepared by a professional engineer. 14) Section 24-3-60.O.14: The maximum number of lots within the minor subdivision will not exceed nine (9) lots. There are nine (9) buildable lots and two (2) outlots. Both outlots will be encumbered. The outlot located in the southeast corner of the subdivision will be utilized for detention and stormwater runoff and is not buildable. The outlot located in the southwest corner of the subdivision will eventually be sold to the County for a new grader shed. The Weld County Attorney's Office determined that a grader shed can be located on an outlot within an approved subdivision. 15) Section 24-3-60.O.15: The minor subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection or other services. The proposed subdivision will not impede or cause an unreasonable burden on local services such as police, fire and schools. All emergency responders and the school district were sent referrals. The Weld County Sherriff's Office and LaSalle/Gilcrest Fire Protection District did not respond with any comments. Weld County School District RE -1 submitted a letter of concern regarding traffic impacts, based on the assumption of 5,000 vehicles. 16) Section 24-3-60.O.16: The subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land and historical sites. The Colorado Division of Parks and Wildlife was sent a referral and they did not respond with any comments. There are no historical sites that are registered with a local, state of federal agency on or near the proposed subdivision. The applicant has made an effort to conserve the existing agricultural land until such a time when the subdivision is built -out or no longer conducive to sustaining productive farmland. The property's zoning was changed from Agricultural to 1-3 (Industrial) in 2011, thereby eliminating the agricultural uses. 2012-3002 PL2147 MINOR SUBDIVISION (MINF12-0001) - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 5 B. Sec. 22-2-80. Industrial Development Goals and Policies. 1. (.Goat 1: Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement Urban Growth areas, Growth Management areas, as defined in municipalities' comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably obtainable. 2. (.Policy 1.2: Encourage new industrial development with existing industrial areas. The proposed subdivision is located in an urban development node which is at the intersection of CR 44 and U.S. Highway 85. There are several businesses in the area that have commercial uses. 3. (.Policy 4.1: The new development should pay for the additional costs associated with those services directly impacted by the new industrial development. The applicant is bearing the costs associated with the development of the industrial subdivision and will be responsible for installing the infrastructure that is required to sustain the development. The County is not subsidizing the development. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Big Thompson Investment Holdings, LLC, for a Site Specific Development Plan and Minor Subdivision Final Plan, MINF12-0001, for a nine (9) Lot Minor Subdivision in the 1-3 (Industrial) Zone District, on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to Recording the Final Plat; A. The applicant needs to enter into an Improvements and Road Maintenance Agreement for the on -site and off -site work to be done. The improvements will include triggers for on -site and off -site roadway upgrades and auxiliary lanes. Collateral needs to be submitted to, and accepted by, the Weld County Board of County Commissioners prior to recording of the plat. B. The applicant needs to submit a grading permit showing: proposed grading, erosion control placement, typical details for all Best Management Practices (BMPs) to be utilized, and a Construction Stormwater Permit from the Colorado Department of Public Health and Environment. The permit must be stamped by a registered professional engineer licensed in the State of Colorado. Please note that the grading permit will not be released until the applicant has signed the improvements agreement, posted collateral, and submitted the Final plat for recording. 2012-3002 PL2147 MINOR SUBDIVISION (MINF12-0001) - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 6 C. The applicant shall submit a complete copy of the covenants for the Hickman Commercial Association for review and approval by County Staff. D. The applicant shall submit, to the Department of Planning Services, Certificates from the Secretary of State showing the Hickman Commercial Association has been formed and registered with the State. E. A Signing Plan is required as part of the final roadway plans. The Signing Plan shall include street names, stop, yield, no outlet or other associated subdivision signing. Written evidence of the Department of Public Works approval shall be submitted to the Department of Planning Services. F. The applicant shall submit three (3) additional sets of final roadway, drainage, utility / construction plan drawings (stamped, signed, and dated) to the Department of Public Works for Weld County Field Inspectors' use during construction of the subdivision. Written evidence from the Department of Public Works indicating the plans have been submitted shall be given to the Department of Planning Services. G. The applicant shall submit copies of finalized water agreements with the Central Weld County Water District (CWCWD). H. The applicant shall provide evidence that the owner has a Surface Use Agreement (SUA) with any, and all, mineral interest owners to the Department of Planning Services. 1. The applicant shall submit written evidence to the Department of Planning that all of the concerns of the Department of Public Works have been addressed. J. The applicant shall submit a Final Drainage Report stamped, signed, and dated by a professional engineer licensed in the State of Colorado for review and approval by the Department of Public Works. The 5 -year storm and 100 -year storm drainage studies shall take into consideration off -site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100 -year storm developed condition while releasing the 5 -year storm existing condition. Written evidence of acceptance of this report shall be submitted to the Department of Planning Services. K. As -Built Construction Plans, including survey data and plans of all drainage facilities, all storm drain pipes, headwalls, inlets, swales, detention pond outlet structures giving locations and elevations of key features, shall be submitted in digital format to Weld County upon completion and final acceptance by the County. 2012-3002 PL2147 MINOR SUBDIVISION (MINF12-0001) - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 7 2. The Plat shall be amended to include the following: A. All sheets of the Final Plat shall be labeled MINF12-0001. 8. The Final Plat shall be in compliance with Section 24-3-50 of the Weld County Code. C. All utility easements shall be indicated on the plat as approved by the Weld County Utility Advisory Board. D. The Weld County Right to Farm 'statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat and recognized at all times. E. CR 44 is an arterial road, which requires a 140 -foot right-of-way at full buildout. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code (Section 23-1-90), the required setback is measured from the future right-of-way line, F. CR 33 is a local gravel road and requires a 60 -foot right-of-way at full buildout. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code (Section 23-1-90), the required setback is measured from the future right-of-way line. G. All interior roadways must be privately maintained by the subdivision association. The County will not accept interior roadways for County maintenance. H. The Western Mutual Ditch Road must be appropriately labeled and dimensioned, including setbacks. The Western Mutual Ditch road shall not be utilized for subdivision use. I. The plat shall delineate the 400 -foot by 400 -foot, and the 800 -foot by 800 -foot oil and gas drilling envelope locations, per state statute, if applicable. J. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images Is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 2012-3002 PL2147 MINOR SUBDIVISION (MINF12-0001) - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 8 3. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Final Plat is for nine (9) lots with 1-3 (Industrial) Zone Uses and continuing Oil and Gas Production Uses along with two (2) outlots as indicated in the application materials on file, and subject to, and governed by, the Conditions of Approval stated hereon and all applicable Weld County regulations. B. Approval of this plan may create a vested property right pursuant to Section 23.8-10 of the Weld County Code. C. The Subdivision shall conform to the Design and Operational Standards, as delineated In Sections 23-3-350 and 23-3-260 for I-1, 1-2 and t-3 Zone Districts. D. The outlot for drainage is non -buildable for structures or structures providing habitable space. E. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in the designated absorption field site. F. If land development creates more than a 25 -acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado Department of Public Health and Environment. G. In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5) acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable In order to minimize dust emissions. H. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. I. A Stormwater Discharge Permit may be required for a development/ redevelopment/construction site where a contiguous or non-contiguous land disturbance Is greater than, or equal to, one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and Environment, at www.cdphe.state.co.us/wq/PermitsUnit, for more information. 2012-3002 PL2147 MINOR SUBDIVISION (MINF12-0001) - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 9 J. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system, Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. K.. Water service shall be obtained from the Central Weld County Water District. L. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat and recognized at all times. M. A Commercial Owner's Association shall be established prior to the sale of any lot. The Association is responsible for liability insurance, taxes and maintenance of outlots, streets, private utilities, and other facilities. N. Intersection sight distance triangles at development entrances will be required. All landscaping within the triangles must be less than 3.5 feet in height at maturity. O. All signs, including entrance signs, shall require building permits. Signs shall adhere to the approved Sign Plan. P. Installation of utilities and requirements of the service providers shall comply with Section 24-9-10 of the Weld County Code. No grading permits will be Issued for this project without submission to, and approval by, the Weld County Department of Public Works for Erosion Control and Sediment Control Plans prepared, stamped, and signed by a professional engineer licensed to practice in Colorado. The applicant is notified that land disturbance on one portion of this site may require construction of temporary or permanent erosion control and sediment control BMPs on other portions of the site. R. Building permits shall be obtained prior to grading or the construction of any building or structure. Building permits are also required for signs and . structures, such as bus shelters, if provided. S. A plan review is required for each building for which a building permit is required. Plans shall Include a floor plan. Building plans shall bear the wet stamp of a Colorado registered architect or engineer. Two (2) complete sets of plans are required when applying for each permit. Building plans require a Code Analysis Data Sheet, provided by the Department of Building Inspection. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. Q. 2012-3002 PL2147 MINOR SUBDIVISION (MINF12-0001) - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 10 T. Buildings shall conform to the requirements of the Codes adopted by Weld County at the time of permit application. Currently, Weld County has adopted the following: 2006 International Residential Code, 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas Code, 2012 National Electrical Code, and Chapter 29 of the Weld County Code. U. All structures in the subdivision will require an engineered foundation based on a Site -Specific Geotechnical Report or an Open Hole Inspection conducted by a Colorado registered professional engineer. Engineered foundations shall be designed by a professional engineer registered in the State of Colorado. V. Fire resistance of walls and openings, construction requirements, maximum building height, and allowable areas will be reviewed at the Site Plan Review. Setback and offset distances shall be determined by the Weld County Code. W. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction, and to determine compliance with the Bulk requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code to determine compliance with offset and setback requirements. Offset and setback distances are measured from the farthest projection from the building. Property lines shall be clearly identified, and all property pins shall be staked prior to the first site inspection. X. The applicant shall supply evidence to the Department of Planning Services that all requirements of the LaSalle/Gilcrest Fire Protection District have been met. Y. The site shall maintain compliance, at all times, with the requirements of the Weld County Departments of Public Works, Public Health and Environment, and Planning Services, and adopted Weld County Code and policies. Z. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. M. When a Site Plan Review (SPR) is received by the County for development on any of the nine (9) lots located within the subdivision, the applicant shall be required to notify all adjacent property owners within 500 feet of the subdivision. AB. The Final Plan shall comply with all regulations and requirements of Chapter 24 of the Weld County Code. 2012-3002 PL2147 • 0 MINOR SUBDIVISION (MINF12-0001) - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 11 AC. The applicant shall comply with Section 24-3-70 of the Weld County Code, as follows: If a final plat has not been recorded within one (1) year of the date of the approval of the minor subdivision final plat or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the minor subdivision final plat has not been abandoned and that the applicant possesses the willingness and ability to record the final plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the final plat cannot be met, the Board may, after a public hearing, revoke the minor subdivision final plat. AD. Section 24-3-80 of the Weld County Code - Failure to commence minor subdivision final plat. If no construction has begun or no use established in the minor subdivision within three (3) years of the date of the approval of the minor subdivision final plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the final plat has not been abandoned and that the applicant possesses the willingness and ability to continue the minor subdivision. The Board of County Commissioners may extend the date for initiation of the minor subdivision construction and shall annually require the applicant to demonstrate that the minor subdivision has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the minor subdivision final plat have changed, or that the landowner cannot implement the minor subdivision final plat, the Board may, after a public hearing, revoke the minor subdivision final plat and order the recorded minor subdivision vacated. AE. Section 24-3-90 of the Weld County Code - Failure to comply with minor subdivision final plan. The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the minor subdivision setting forth that the organization has failed to comply with the minor subdivision final plat. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board of County Commissioners within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board of County Commissioners may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. AF. No development activity shall commence, nor shall any building permits be issued on the property, until the final plan has been approved and recorded. AG. The Final Plat Map shall be submitted to the Department of Planning Services for recording within one hundred twenty (120) days of approval by the Board of County Commissioners. With the Final plat map, the 2012-3002 PL2147 MINOR SUBDIVISION (MINF12-0001) - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 12 applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). AH. In accordance with the Weld County Code, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. 4. Upon completion of Conditions of Approvals #1 through #3 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 5. Prior to the release of any building permits: A. The applicant shall supply the required street signs and Stop signs at appropriate locations. B. Prior to the commencement of construction activities, Stormwater Erosion Control and Sediment Control Best Management Practices shall be in place in accordance with approved permits, plans, Weld County Code, and Urban Drainage Standards. Silt fences shall be maintained on the down gradient portion of the site during all phases of the site construction. C. The applicant shall contact the LaSalle/Gilcrest Fire Protection District for review and approval of all access roads. Evidence of Fire District approval shall be submitted to the Department of Building Inspections prior to construction on the site. D. The applicant shall submit street construction plans for the utilities showing the location of fire hydrants, the size of water mains and available fire flows to the LaSalle/Gilcrest Fire Protection District for review and approval. Evidence of Fire District approval shall be submitted to the Department of Building Inspection prior to construction on the site. E. Stop signs and street name signs, including address ranges, will be required at all intersections. If standard street signs are not used, the sign type must be submitted to LaSalle/Gilcrest Fire Protection for review. 2012-3002 PL2147 MINOR SUBDIVISION (MINF12-0001) - BIG THOMPSON INVESTMENT HOLDINGS, LLC PAGE 13 F. The applicant shall submit an eight and one -half -inch by eleven -inch map showing street configuration, street names, hydrant locations and addresses of the lots to the LaSalle/Gilcrest Fire Protection District. G. All properties shall have a legible address that is clearly visible from the street fronting the property. The address numbers shall contrast with their background. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of October, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d,MA Weld County Cle to the Bo BY: Deputy Cle ara Kirkmeyer AP o my Attorney David E. Long Dougla Rademach r Date of signature: 1))--t 2012-3002 PL2147 EXHIBIT Q vpsi ti z O H y ly o O o o • or., y mgo zxzz (13 p-o rz r op CA cn ti z x� o z z P W LJ O ^J N y xr�y ran 's X w I - n b o t.11 'O "=1a 4 f o�z C/1 V, A 0 0 o O 0 O - O w 99 30Nd3 F�+ C\2 S H.LNON s 6 r eV 9 A S s i W 8 pp§ gg° g5 Y gg JL, n •• o • f SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST, 6TH P.M. DATE: 12/23/13 'SHEET SHEET 2 OF 2 ROAD CURVE TABLE Anus DELTA MOLE 1CNaLexani r.ritr 5.80.77.24, reams CURVE TABLE Amos 'MITA BADE clam, eEnRMprneORO,ExGTr 3 ... ER ^ 233122t A R._: S C @ 2 R a S S MINOR SUBDIVISION SECTION 23 TOWNSHIP 4 NORTH, RANGE 86 WEST, 6TH P.M. 6- A i' S} A q R l6 ri cv 8 :r b' -.1,_, a= • =,FEE .1 't aiEa ": �• x O_ A gA S A5,2. r AApa C S 9 B.. R S gf IN S F O U Q Y - S 8 9 b S° 3 3 3 2 .� " Si R x F A 3 PI $7' WM O O Y a�g•�@@C A b s�A U CD L J t �w 9q 5R; C\1 o._A ;a 8-4 44 a - [. M % i , A R' • A! g i ,'. C C y 9 3 x j A L A �i F- w a q YA $ a I"s4i£: cc .k.• aCC"s¢55^ �e =az.s ~ O 41 S I33 i@ @ @;@@; 1I ; p 7 R A E 4; 5 Y Y R G A S ': 4 111 x a G, i' -- :., -5593555x58 a,o ''‘,...46 Q"' O k '1", u. soo o, rcc :c.c c� � m� HAMMER LAND SURVEYING, INC. 4350 HIGHWAY 66 LONGMONT,CO 80504 PH: 970-535-9318 (]y Z U ai O 0. I-1 ceI�.-1j ^ 1 -------75"------ ,o x13: c, 20`x 2130, .9 aasxzir v s jli r.££ I qq ,•.• yy, r2 x S' `4 7<' W �Y o�5/@ E- F Z tax' H i° �+ r H z W z k$ Q0 it' -!,ii, %ei: y am /'I G': R M4yj ° ,�/y\�\\�% 4.z. /i/ 19 f, - _ Tl• ' / (� ,1 it , 1 3 . I </ (i 3°� \ I A • { q L \ \ t\\ \ @ k.la 6� / ; ,�� is. n Y / \ �\ �• / .� / II :t'� ( _ \/�.y\\ ' . ` I @E \ \LL/ CLIENT: BIG THOMPSON INVESTMENT HOLDINGS, LLC P.O. BOX 273180 FORT COLLINS, CO 80527 '1:'4' o o fit ' r I ��^ pan .� Z3 �. I e - g I <.,4zr o, , mom,. , ° 1 iir 1-0033.0_31._ IyJyJ7I oI I , a A a 7 c ;�, 8 g �A B 5! � a= 8 I///, _� Y ' k _ `. i . i 'It �� I It oK'-'''— I' sl 9 I ^\ I " I; of j� 3 ��Y ^' . kl SY • hil ?Os tilt $a:1 mo (JNINY38 d0 SISY8) .OS fs9Z 3.f 0,90.00N �xr 3 co.wm x 3 a 305 113 xe s MIA -A0-1,08 *0- .xUO3 OC y ; +"8^ E£ 'ON Utl081.\J.Nf10J /� I\\ fi2} lS T e,,ill! {.'� 3 �� Egg — l'!1 � Y. EXHIBIT R AGREEMENT FOR THE EXCHANGE OF CERTAIN REAL PROPERTY BETWEEN BIG THOMPSON INVESTMENT HOLDINGS, LLC AND WELD COUNTY, COLORADO This Agreement is entered into this �J`l day of Oa/wow , 201 I/ , by and between Big Thompson Investment Holdings, LLC (hereinafter "Thompson"), whose address is P.O. Box 273180, Fort Collins, CO 80527, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (hereinafter "County"), whose address is 1150 O Street, Greeley, Colorado 80631. RECITALS WHEREAS, Thompson is the owner of real property located in Lot B of RE 4914, part of the W2, S23, T4N, R66W of the 6th P.M., Weld County, CO, commonly known as 20488 Weld County Road 33, and more fully described in Exhibit "A", attached hereto and incorporated herein by this reference (hereinafter "Property 1"); and WHEREAS, County is the owner of real property and the improvements thereon commonly referred to as the "Peckham Grader Station", located in the NW4, S23, T4N, R66W of the 6th P.M., Weld County, CO, commonly known as 16460 Weld County Road 44 and more fully described in Exhibit "B", attached hereto and incorporated herein by this reference (hereinafter "Property 2"); and WHEREAS, Thompson was granted conditional approval for a 9 -lot Minor Subdivision in an I-3 (Industrial) zoning district by the Weld County Board of Commissioners on October 31, 2012, in case M1NF12-0001, a copy of which case is attached hereto and incorporated herein as Exhibit "C" (the "Minor Subdivision"); and WHEREAS, Property 1 is included in the Minor Subdivision as an outlot; and WHEREAS, the conditions of approval for the Minor Subdivision have not yet been satisfied, nor has a fmal plat been recorded; and WHEREAS, in order for Thompson to develop the property in accordance with case MINF12-0001, it needs access to Weld County Road 44; and WHEREAS, Property 2 is located adjacent to and accesses Weld County Road 44; and WHEREAS, Thompson and County believe that a trade of Property 1 for Property 2, with certain additional consideration from each party, is beneficial to both parties and to the citizens of Weld County, Colorado; and -1- & 9/4 - D/ /3' WHEREAS, upon the Property 1 closing date specified in this Agreement, Thompson shall transfer the title to Property 1 to County,. together with a cashier's check or wire transfer of funds in the principal sum of $181,000.00 to be used by County to construct a replacement grader shed upon Property 1; and WHEREAS, upon completion of the replacement grader shed upon Property 1 and the issuance of a Certificate of Occupancy for the replacement grader shed by the Weld County Planning and Building Department, County shall within ten (10) business days thereafter vacate Property 2 and transfer title to Property 2 to Thompson, and WHEREAS, all required maintenance of Weld County Road 33 shall be governed by the Interim Road Maintenance and Collateral Agreement, Weld County Case MINF12-0001 Agreement executed contemporaneously with this Agreement, and any amendment thereto, until an improvements agreement is executed in MINFI2-0001 and title to Property 2 is transferred to Thompson pursuant to the terms of this Agreement. Upon the parties' execution of the improvements agreement and the transfer of Property 2 from County to Thompson, the Interim Road Maintenance Agreement shall be conclusively deemed to have automatically terminated. NOW THEREFORE, in consideration of the above Recitals and the mutual covenants of the parties, Thompson agrees to convey title to Property 1 and certain additional consideration to County, and County agrees to subsequently convey title to Property 2 and certain additional consideration to Thompson pursuant to the terms and conditions set forth in this Agreement as follows: 1. RECITALS. The above set forth Recitals are incorporated herein as a material part of this Agreement as though fully set forth in the main body of this Agreement. 2. DEFINITIONS. Terms or expressions used in this Agreement that begin with a capital letter shall have the same defined meanings given to them in the main body of this Agreement, unless the context clearly requires a different meaning. The term "Transferor" shall at times be used in this Agreement to identify the party conveying the title to a respective parcel of property to the other party, which other party shall at such times be referred to as the "Transferee". 3. ADDITIONAL CONSIDERATION FOR PROPERTY 1. At Closing 1, as defined in Section 11(A) below, in addition to transferring the title to Property 1 to County, Thompson further agrees to deliver to County either a cashier's check payable to the order of Weld County or wire transfer funds in the amount of One Hundred Eighty -One Thousand and No/100ths U.S. Dollars (U.S. $181,000.00) as payment for the construction of a replacement grader shed on Property 1 by County. 4. ADDITIONAL CONSIDERATION FOR PROPERTY 2. A. BRIDGE CONSTRUCTION. Immediately after the completion of Closing 1, and prior to Closing 2, as defined in Section 11(B) below, Thompson shall have the right to enter upon Property 2 for the sole purpose of constructing a bridge over the portion of the Western Mutual Ditch that crosses Property 2. Construction of said bridge shall not unreasonably interfere with County's operation of the Peckham Grader Shed. Other than vehicles, -2- equipment, supplies, and materials necessary to construct said bridge, Thompson shall not park or stage vehicles, equipment, supplies, or materials on Property 2. Upon completion of the construction of the bridge, Thompson shall not utilize the bridge to access Property 2, unless and until County grants such access pursuant to Section 4(B) of this Agreement. Bridge construction activities undertaken by Thompson shall be in compliance with all applicable federal, state, and county statutes, ordinances, rules, and regulations. Failure to so comply, as determined in County's sole subjective discretion, shall result in the termination of the above -described temporary bridge construction access to Property 2 by Thompson, and Thompson shall not have access to Property 2 until such time as Closing 2 is completed. ii. Prior to the above -described bridge construction activity beginning, Thompson shall give County at least ten (10) days prior written notice of its intent to commence such construction activi B. ACCESS POINT. At Closing 2, in addition to transferring the title to Property 2 to Thompson, County further agrees to grant Thompson one industrial access permit for one point of ingress and egress onto Weld County Road 44 from Property 2. County considers an industrial access as the highest intensity access land use classification of accesses and all other lower intensity access land uses are allowable with such an industrial classification, including, but not limited to, temporary, agricultural/field, single family residential, small commercial, subdivision, and large commercial land uses. .. C. ROAD MAINTENANCE. County agrees that all roadway triggers and required maintenance of Weld County Road 33 shall be governed by the Interim Road Maintenance and Collateral Agreement, Weld County Case MINF12-0001, approved by the Weld County Board of Commissioners concurrently with this Agreement, and any amendment thereto, until an improvements agreement is executed in MINF 12-0001 and title to Property 2 is transferred to Thompson pursuant to the terms of this Agreement. At such time as the improvements agreement is executed in M1NF12-0001 and Property 2 is transferred to Thompson, the terms of the improvements agreement shall govern, inter alia, the maintenance of Weld County Road 33, and the Interim Road Maintenance and Collateral Agreement, Weld County Case MINF12-0001 shall terminate. Should this Agreement terminate for any reason, the terms of the improvement agreement shall govern, inter alia, the maintenance of Weld County Road 33. Should this Agreement terminate prior to the execution of the improvements agreement, the Interim Road Maintenance and Collateral Agreement, Weld County Case MINF12-0001 shall remain in effect until such time as the improvements agreement is executed. 5. VALUE. For purposes of this Agreement, the parties agree that the value of Property 1 is $381,000 (i.e., $200,000 for the land + $181,000.00 for the replacement grader shed County is to construct upon Property 1), and that the value of Property 2 is $175,000. 6. WATER RIGHTS AND MINERAL RIGHTS. No water rights are associated with Property 2. Thompson shall reserve in all transfer documents concerning Property 1 any and all water and water rights, ditches and ditch rights, reservoir and reservoir rights, springs and spring -3- rights, well and groundwater rights, ditch and reservoir company stock, and all other water rights of any kind, whether decreed or not, and whether in the nature of tributary, non -tributary or not non -tributary interests, appurtenant to, or historically used in connection with, Property 1. Thompson shall also so reserve all mineral rights appurtenant to Property 1. 7. GROWING CROPS. Thompson shall make all necessary agreements and settlements, if any, with any tenant farmer of Property 1 concerning the removal of all crops from Property 1 by Closing 1. 8. PROPERTY 1 INCLUSIONS AND EXCLUSIONS. Property 1 does not have any inclusions. Thompson shall reserve in all transfer documents concerning Property 1 all water; water rights, including, but not limited to, tributary, non -tributary, and not -non tributary water rights; and water transfer rights appurtenant to Property 1. Thompson shall also so reserve all mineral rights appurtenant to Property 1. 9. PROPERTY 2 INCLUSIONS AND EXCLUSIONS. Except as otherwise expressly set forth to the contrary in this Agreement, Thompson agrees to accept title to Property 2 from County as -is, where -is, and assumes all obligations and responsibility for the costs and expenses associated with the removal of any and all improvements currently existing on Property 2, except for the above -ground fuel tank currently located on Property 2, which fuel tank shall be the sole obligation and responsibility of County to decommission in accordance with any and all applicable federal, state, and county laws, ordinances, rules, regulations, and/or policies and remove from Property 2 at County's sole cost and expense. 10. HAZARDOUS SUBSTANCES STATEMENT. Both County and Thompson, represent that they and their respective officers, managers, members, agents, employees, and contractors, have at all times complied with any and all applicable Hazardous Substances Laws concerning Property 1 and Property 2 respectively. County and Thompson represent that the respective parties have not used, generated, stored, or disposed of, nor permitted the use, generation, storage, or disposal of, Hazardous Substances on, under, or about their respective properties, or transported or permitted the transportation of Hazardous Substances to or from their respective properties, except in full compliance with any and all applicable Hazardous Substances Laws. Any Hazardous Substances located on Property 1 by Thompson, its managers, members, agents, employees, and/or contractors have been handled in an appropriately controlled environment which has included the use of such equipment as was necessary to meet or exceed standards imposed by any and all applicable Hazardous Substances Laws and in such a way as not to interfere in any way with, injure, or damage any other person, entity, or property. Any Hazardous Substances located on Property 2 have been handled in an appropriately controlled environment which has included the use of such equipment as was necessary to meet or exceed standards imposed by any and all applicable Hazardous Substances Laws and in such a way as not to interfere in any way with, injure, or damage any other person, entity, or property. Thompson, as a mere short -time owner and non- user of Property 1, represents that, to the best of its knowledge and belief, and without independent investigation, Property 1 does not have underground storage tanks, and that Property 1 has never been used as a landfill or waste dump. County, as the long-time owner -4- and user of Property 2, represents that Property 2 does not have underground storage tanks, and that Property 2 has never been used as a landfill or waste dump. As used in this Agreement, the term "Hazardous Substances" shall mean any hazardous or toxic substance, material, or waste that is, or subsequently becomes, regulated by any local governmental authority, the State of Colorado, or the United States Government. As used in this Agreement, the term "Hazardous Substances Laws" shall mean any federal, state, or local laws, ordinances, rules, regulations, or policies relating to: (1) the environmental health and safety of; (2) the use, handling, transportation, production, disposal, discharge, or storage of Hazardous Substances on, under, or about; and/or (3) the industrial hygiene and the environmental conditions on, under, or about, Property 1 and Property 2. Said term shall be deemed to include all such laws as are now in effect or as are hereafter amended, enacted, or adopted. County, as the long-time owner and user of Property 2, shall be solely responsible for any and all required cleanup or remediation expenses attributable to the existence of Hazardous Substances on, under, or about Property 2 as of Closing 2. County shall be liable to Thompson for any and all costs, expenses, or losses incurred by Thompson due to any and all such clean- up or remediation, including, but not limited to, loss of income from Property 2 and any loss of value in Property 2 that Thompson may suffer as a result of the existence of any such Hazardous Substances despite any such clean-up or remediation performed by County. County must receive notice of any such claims by Thompson for cleanup or remediation expenses or losses within one year of Closing 2. County shall not be responsible for any or all costs, expenses, or losses pursuant to this Section where notice of any claim pursuant to this Section occurs more than one year after Closing 2. Thompson shall be solely responsible for any and all required clean-up or remediation expenses attributable to the existence of Hazardous Substances on, under, or about Property 1 as of Closing 1. In such event Thompson shall be liable to County for any and all costs, expenses, or losses incurred by County due to any and all such clean-up or remediation, including, but not limited to, loss of income from Property 1 and any loss of value in Property 1 that County may suffer as a result of the existence of any such Hazardous Substances despite any such clean-up or remediation performed by Thompson. Thompson must receive notice of any such claims by County for cleanup or remediation expenses or losses within one year of Closing 1. Thompson shall not be responsible for any or all costs, expenses, or losses pursuant to this Section where notice of any claim pursuant to this Section occurs more than one year after Closing 1. 11. DATES. A. The Property 1 closing (hereinafter "Closing 1"), whereupon the title to Property 1 shall be transferred by Thompson to County together with Thompson's cashier's check made payable to the order of County for $181,000.00, or Thompson's wire transfer funds in said amount for the County's construction of the replacement grader shed, shall occur on or before forty-five (45) business days from the latest date listed in Subsections C through I of this Section 11. See also Sections 3 and 15 concerning Closing 1. -5- B. The Property 2 closing (hereinafter "Closing 2"), whereupon the title to Property 2 shall be transferred by County to Thompson together with the industrial access permit to Weld County Road 44 described in Subsection 4(B) above, shall occur subsequent to Closing 1, but in no event later than ten (10) business days after the issuance of a Certificate of Occupancy to County by the Weld County Planning and Building Department for the replacement grader shed that is to be constructed on Property 1. County shall have the Certificate of Occupancy issued for the replacement grader shed within one year of Closing 1 occurring. Should the Certificate of Occupancy not be issued within one year of Closing 1 occurring, Closing 2 shall occur and County shall be permitted to continue to occupy Property 2 for a maximum of three additional months ("Continued Occupancy") for the purpose of continuing grader shed operations. Any Continued Occupancy of Property 2 by County subsequent to Closing 2 shall be non- exclusive and County shall maintain grader shed operations to allow Thompson to fully utilize the access discussed in Section 4(B) of this Agreement and to make any improvements to the access including but not limited to the installation of a sign. Thompson shall ensure that ingress and egress for County grader operations is available at all times. C. Title Deadline D. Title Objection Deadline E. Off Record Matters Deadline See Section 13 See Section 14(A) See Section 14(B) F. Off Record Matters Objection See Section 14(B) Deadline 10 days after mutual execution of contract 21 days after mutual execution of contract 14 days after mutual execution of contract 21 days after mutual execution of contract G. Property Disclosure Deadline See Section 15(A) 14 days after mutual execution of contract H. Inspection Objection Deadline See Section 15(B) 45 days after mutual execution of contract I. Resolution Deadline See Section 15(C) 50 days after mutual execution of contract J. Property Insurance Objection See Section 15(D) 21 days after mutual Deadline execution of contract 12. CONTINGENCIES PRIOR TO CLOSING 1. In addition to any other terms and conditions set forth in this Agreement, Closing 1 is contingent upon each and every one of following conditions occurring prior to Closing 1: -6- A. Thompson satisfactorily completing all conditions of approval contained in Weld County case MINF12-0001 and recording a final plat. B. County finding, in its sole subjective discretion, that Property 1 is appropriate for the construction of a replacement grader shed based upon soil testing and any other evaluation of the physical condition of Property 1 deemed necessary by County. C. Thompson, in conjunction with the Central Weld County Water District, developing domestic water service adjacent to Property 1 in Weld County Road 33 to allow for a water tap to be purchased by County to support the construction, and the County's future use, of the replacement grader shed on Property 1. D. Thompson, in conjunction with the appropriate natural gas and electricity suppliers for the area including Property 1, developing natural gas and electrical service adjacent to Property 1, so that appropriate taps or connections therefor can be purchased by County for the natural gas and electrical service construction and future use needs of the replacement grader shed. Any and all capital investment fees required to develop such natural gas and electric service shall be the responsibility of Thompson. If any one or more of the preceding listed contingencies are not satisfied prior to Closing 1, then upon County giving written notice thereof to Thompson, this Agreement shall terminate, unless County, within such notice, either: (1) waives any such contingency or contingencies or (2) gives Thompson a stated amount of additional time in which to satisfy any such contingency or contingencies. 13. EVIDENCE OF TITLE. On or before the Title Deadline, each Transferor agrees, at such Transferor's expense, to cause to be furnished to the respective Transferee, a current commitment for an Owner's Title Insurance Policy (hereinafter "Title Commitment") in an amount equal to the land value set forth in Section 5 for such property. Each such Title Commitment shall set forth all matters of record necessary to permit a determination by the respective proposed Transferee of whether title is merchantable or satisfactory to said respective Transferee. At each respective Transferor's expense, each Transferor shall cause the Owner's Title Insurance Policy to be issued and delivered to the respective Transferee as soon as practicable after Closing 1 and Closing 2 respectively. Each Owner's Title Insurance Policy shall contain an Owner's Extended Coverage Endorsement deleting the four (4) "Standard Exceptions" and the "Gap Period Exception" from the Policy. Any additional expense incurred in order to obtain this additional coverage shall be paid by the respective Transferor. On or before the respective Title Deadline for each property, each Transferor, at its sole expense, shall furnish to each Transferee, dbeckman@co.weld.co.us, and john(pharrislaw.com: (1) a copy of any plats, declarations, covenants, conditions, and restrictions burdening each Transferor's respective property, of which the respective Transferor is aware and regardless of whether such documents have been recorded; and (2) copies of any documents, or if illegible, summaries of such documents, listed in the Schedule B -Section 2 Exceptions attached to the Title Commitment and which have been recorded with -7- the office of the Weld County Clerk and Recorder. Each respective Title Commitment, together with any copies or summaries of such documents furnished pursuant to this Section, constitutes the Title Documents for the respective closing involved therewith. 14. TITLE, OFF RECORD MATTERS. A. Title Review. Each respective Transferee shall have the right to inspect the Title Documents regarding the property to which the Transferee is to receive title. Written notice by a Transferee of unmerchantability of title, form, or content of Title Commitment or of any other unsatisfactory title condition shown by the Title Documents, notwithstanding Section 19 concerning Transfer of Title, shall be signed by or on behalf of such Transferee and given to Transferor of said property on or before the respective Title Objection Deadline for said property. If a Transferor does not receive a Transferee's notice by the Title Objection Deadline, then said Transferee shall be deemed to have accepted the conditions of title disclosed by the Title Documents as satisfactory to said Transferee. Between the period from the close of the Title Objection Deadline and prior to Closing 2, County shall have an ongoing obligation to disclose additional or changed Title Documents of which it becomes aware. B. Matters Not Shown by Public Records. Each respective Transferor shall deliver to each respective Transferee, on or before the Off Record Matters Deadline, true copies of all leases and surveys in such Transferor's possession pertaining to the respective property to be transferred to such Transferee and shall disclose to such Transferee all easements, liens (including, without limitation, governmental improvements approved but not yet installed) or other title matters (including, without limitation, rights of first refusal and options) not shown by the public records of which such Transferor has actual knowledge. Each Transferee shall have the right to inspect the respective property, the title to which is to be transferred to such Transferee, to determine if any third party has any right in the subject property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition disclosed by a Transferor or revealed by such inspection, notwithstanding Section 19 concerning Transfer of Title, shall be signed by or on behalf of a Transferee and given to the Transferor thereof on or before the Off -Record Matters Objection Deadline. If a Transferor does not receive a Transferee's notice of any unsatisfactory condition by said date, such Transferee accepts title to the respective property to be transferred to such Transferee, subject to such rights, if any, of third parties of which such Transferee has actual knowledge. Between the period from the close of the Off -Record Matters Objection Deadline and prior to Closing 2, County shall have an ongoing obligation to disclose additional documents related to matters not shown by public records as discussed in this Subsection B, of which it becomes aware. C. Right to Object, Cure. Transferee's right to object to the status of title to the property which title is to be transferred to the Transferee shall include, but not be limited to, those matters -8- listed in Section 19 concerning Transfer of Title. If a Transferor receives notice of unmerchantibility of title or any other unsatisfactory title condition or commitment terms as provided in Subsections A and B immediately above, the Transferor shall use reasonable efforts to correct said items and bear any nominal expense to correct the same prior to the proposed closing on said property. If such unsatisfactory title condition is not corrected to the Transferee's satisfaction, in the Transferee's sole subjective discretion, on or before Closing 1, this Agreement shall then terminate; provided, however, a Transferee may, by written notice received by the Transferor on or before Closing 1, waive objection to such items. Subsequent to Closing 1 and through Closing 2, County shall not encumber or otherwise impair the title to Property 2 in any manner which shall affect merchantability of title nor allow third parties of which County is aware to encumber or otherwise impair the title to encumber Property 2 in any manner which shall affect merchantability of title. 15. PROPERTY DISCLOSURE, INSPECTION, AND INSURABILITY; TRANSFEREE DISCLOSURE. A. Property Disclosure. On or before the respective Property Disclosure Deadline, each party agrees to provide the other party with a written disclosure of adverse matters regarding the respective property completed by such party to the best of that party's current actual knowledge and information, without having made any independent investigation concerning such matters. Between the period from the close of the Property Disclosure Deadline and prior to Closing 2, County shall have an ongoing obligation to disclose additional adverse matters of which it becomes aware. B. Inspection Objection Deadline. Each party shall have the right to have inspections of the physical condition of the respective property and inclusions such party is proposed to acquire, at that party's own expense, except that, prior to the execution of this Agreement, County has provided Thompson with a Phase I Environmental Site Assessment for Property 2 (the "Phase 1") at County's expense and County's choice of contractor. If the physical condition of the respective property or inclusions is unsatisfactory in a Transferee's sole subjective discretion, such Transferee shall, on or before the Inspection Objection Deadline, give the respective Transferor notice in writing that this Agreement is terminated, or provide such Transferor with a written description of any unsatisfactory physical conditions which such Transferee requires such Transferor to correct (hereinafter a "Notice to Correct"). If written Notice to Correct is not received by a Transferor on or before the respective Inspection Objection Deadline for the property involved, the physical condition of the respective property and any inclusions shall be deemed to be satisfactory to such Transferee. A Transferee is responsible for payment for all inspections, surveys, engineering reports, or for any other work performed at the Transferee's request and shall pay for any damage which occurs to the property and inclusions related thereto as a result of such activities. A -9- Transferee shall not permit claims or liens of any kind against the property for inspections, surveys, engineering reports, and/or for any other work performed on the property at such Transferee's request. C. Resolution Deadline. If a Notice to Correct is received by a Transferor, and if both parties have not agreed in writing to a settlement thereof on or before the respective Resolution Deadline, this Agreement shall terminate one (1) business day following the respective Resolution Deadline, unless before such termination, such Transferor receives such Transferee's written withdrawal of the Notice to Correct. D. Insurability. This Agreement is conditioned upon each Transferee's satisfaction, in each Transferee's sole subjective discretion, with the availability, terms, conditions, and premium for property insurance for the property the Transferee is proposed to receive title to. This Agreement shall terminate upon a Transferor's receipt, on or before the respective Property Insurance Objection Deadline of a Transferee's written notice that such insurance was not satisfactory to such Transferee. If said notice is not timely received, such Transferee shall have waived any right to terminate this Agreement under this Subsection. E. Transferee Disclosure. Each party represents to the other party that the party does not need to sell or transfer and close upon the sale of a property in order to be able complete this transaction. 16. CLOSING 1. Delivery of the Property 1 deed and the cashier's check or wire transfer funds for $181,000.00 for the County's construction of the replacement grader shed from Thompson to County shall be at Closing 1. Closing 1 shall be on the date specified in Section 11(A) above or by mutual agreement at an earlier date. The hour and location of closing shall be determined by mutual agreement of the parties. 17. CLOSING 2. Delivery of the Property 2 deed shall be at Closing 2. In addition, at Closing 2, County agrees to grant Thompson one industrial access point onto Weld County Road 44 from Property 2. Closing 2 shall be on the date specified in Section 11(B) above or by mutual agreement at an earlier date. The hour and location of closing shall be determined by mutual agreement of the parties. 18. POSSESSION. Immediate possession of the respective properties shall be granted upon the successful transfer of title to the properties at Closing 1 and Closing 2 respectively. 19. TRANSFER OF TITLE. Subject to tender or payment at Closing 1 and Closing 2 respectively and as required herein and compliance by the acquiring party with the other terms and provisions hereof, Thompson shall execute and deliver a good and sufficient General Warranty Deed to County at Closing 1, and County shall execute and deliver a good and sufficient General Warranty Deed to Thompson at Closing 2, conveying the respective properties free and clear of all taxes except the general taxes for the year in which Closing 1 and Closing 2 respectively occur. Except as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of the parties' signatures hereon, whether assessed or not. Title shall be conveyed subject to: -10 A. Those specific Exceptions which shall be listed and described by the individual recordation information (book and page or reception number) of the recorded documents as reflected in the Title Documents accepted by a Transferee in accordance with Section 14(A) above concerning Title Review; B. Distribution utility easements, including cable TV; C. Those specifically described rights of third parties not shown by the public records of which a Transferee has actual knowledge and which were accepted by a Transferee in accordance with Section 14(A) above concerning Title Review, and Section 14(B) above concerning Off Record Matters; D. Inclusion of the respective property within any special taxing district; and E. Any documents of record against the respective property. 20. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing 1 and Closing 2 respectively. 21. CLOSING COSTS, DOCUMENTS, AND SERVICES. The parties shall pay their respective closing costs and all other items required to be paid at Closing 1 and Closing 2 respectively, except that fees for real estate closing services shall be divided equally among the two parties and paid at Closing 1 and Closing 2 respectively. The parties shall sign and complete all customary or reasonably required documents at or before Closing 1 and Closing 2 respectively. 22. PRORATIONS. The following shall be prorated for Property 1 and Property 2 to Closing 1 and Closing 2 respectively and shall be final: A. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on the most recent Mill Levy and most recent assessment; and B. Water, sewer, natural gas, propane, and electric charges. 23. INSURANCE; CONDITION OF OR DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this Agreement, each property shall be delivered in the condition existing as of the date of this Agreement, ordinary wear and tear excepted. A. Casualty; Insurance. In the event either or both Property 1 or Property 2 shall be damaged by fire or other casualty prior to Closing 1 or Closing 2 respectively the respective Transferor shall repair the same before the respective closing date, or the respective Transferee shall be entitled to a credit, at Closing 1 or Closing 2 respectively, for all the insurance proceeds resulting from such damage to the respective property payable to the respective Transferor, plus the amount of any deductible provided for in such insurance policy; provided, however, that such credit shall not exceed the total value of such property and inclusions as set forth in this Agreement in Section 5. -11- B. Damage; Services. Should any services (including systems and components of the respective property, e.g. heating, plumbing, etc.) fail or be damaged between the date of this Agreement and Closing 1 or Closing 2 respectively, or possession of the respective property, whichever shall be earlier, then the respective Transferor shall be liable for the repair or replacement of such services with a unit of similar size, age, and quality, or an equivalent credit, less any insurance proceeds received by the respective Transferee covering such repair or replacement. C. Walk Through Verification of Condition. Each Transferee, upon reasonable notice to the respective Transferor, shall have the right to walk through the respective property prior to Closing to verify that the physical condition of the property complies with this Agreement. 24. TIME OF ESSENCE, DEFAULT, AND REMEDIES. Time is of the essence hereof. If any obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: A. Default Remedies. The party who is not in default ("Non -Defaulting Party") may elect to treat this Agreement as cancelled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of the Non -Defaulting Party, and the Non -Defaulting Party may recover such damages as may be proper, or the Non -Defaulting Party may elect to treat this Agreement as being in full force and effect and the Non - Defaulting Party shall have the right to specific performance or damages, or both. B. Specific Performance. In the event of a default or a threatened default of this Agreement, any non -defaulting party to this Agreement may maintain an action for specific performance and temporary and permanent injunctive relief against the party or parties to this Agreement who are alleged to have defaulted or threaten to default under any of the terms, conditions, representations, warranties, promises, or agreements herein contained (without necessity of posting or filing a bond or any other security). It is agreed that such a default or threatened default will cause the aggrieved party to suffer immediate and irreparable damage, for which monetary relief may be inadequate or impossible to ascertain, and the aggrieved party will not have an adequate remedy at law. It is further agreed that no objection to the form of action in any proceeding for specific performance of this Agreement and temporary and permanent injunctive relief shall be raised by any party hereto so that such specific performance of this Agreement and temporary and permanent injunctive relief may not be obtained by the aggrieved party. Anything contained in this Agreement to the contrary notwithstanding, this Section shall not be construed to limit in any manner whatsoever any other rights and remedies an aggrieved party may have by virtue of any default under this Agreement. C. Costs And Expenses. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this Agreement, the arbitrator or court shall award to the substantially prevailing party all reasonable costs and expenses of arbitration or litigation, including, but not limited to, all reasonable attorneys' fees and costs incurred in appeals, bankruptcy actions, and collecting upon a judgment (including, but not limited to, -12- court costs; deposition and other discovery expenses; expert witness fees; witness fees; and such other related expenses). 25. TERMINATION. In the event this Agreement is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to the terms of Subsection 15(B) Inspection Objection Deadline; Section 21 Closing Costs, Documents, and Services; and Section 22 Prorations. 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Agreement constitutes the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Agreement. No subsequent modification of any of the terms of this Agreement shall be valid, binding upon the parties, and enforceable, unless made in writing and signed by the parties. Any obligation in this Agreement that, by its terms, is intended to be performed after termination or Closing shall survive the same. 27. NOTICES, DELIVERY, AND CHOICE OF LAW. A. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed given and received either: (a) upon personal delivery; (b) by email upon electronically -confirmed delivery thereof; (c) on the first (1St) business day after receipted delivery to a courier service that guarantees next -business -day delivery, under circumstances where such guaranty is applicable; or (d) on the third (3rd) business day after mailing via United States Certified Mail, Return Receipt Requested, proper postage fully prepaid, addressed to the party at the addresses listed in Subsection (C) immediately below or at such other addresses as either of the parties may subsequently designate to the other party by written notice in accordance with the terms and conditions of this Subsection (A). B. Choice of Law. This Agreement and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. C. Addresses of Parties. The initial notice addresses of the parties shall be as follows: Thompson: Big Thompson Investment Holdings, LLC Attn: Mark S. Goldstein, Manager P.O. Box 273180 Fort Collins, Colorado 80527 Email: markgoldstein@goldsteinenterprisesinc.com With a copy to: March, Olive & Pharris, LLC Attn: John W. Pharris, Esq. -13- 110 E. Oak Street, Suite 200 Fort Collins, CO 80524 Email: john@pharrislaw.com County: Weld County Board of Commissioners c/o Monica Daniels -Mika, Clerk to the Board 1150 O Street P.O. Box 758 Greeley, CO 80632 Email: gesick@co.weld.co.us With a copy to: Weld County Attorney c/o Brad Yatabe, Assistant County Attorney 1150 "O" St Greeley, CO 80631 Email: byatabe@co.weld.co.us 28. COUNTERPARTS AND SIGNATURES. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete agreement between the parties. Facsimile, e-mail, and Internet signatures on this Agreement or a counterpart hereof shall be deemed as legal and binding as an original signature with regard to this Agreement, including, but not limited to, any written notices, addenda, amendments, or modifications to this Agreement. Within ten (10) calendar days after the effective date of this Agreement, each party shall provide the other party with the originals of all facsimile, e-mail, and Internet signatures on this Agreement or any counterpart of this Agreement. 29. SEVERABILITY. If any provision of this Agreement or portion thereof shall be found by any court having competent jurisdiction over this Agreement and the parties hereto to be invalid, unlawful, or unenforceable, this Agreement shall nevertheless remain effective, but shall be considered amended to the extent considered by said court to be necessary to render said provision or portion hereof valid, lawful and enforceable, and shall be fully enforceable as so amended. The parties do hereby expressly authorize any court of competent jurisdiction to modify any such provision or portion thereof in order that any such provision or portion thereof may be enforced by such court to the fullest extent permitted by applicable law. 30. 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 in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned -14- parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 31. GOVERNMENTAL IMMUNITY. Thompson acknowledges that County is a governmental entity that has limited liability in certain situations. 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., C.R.S., as applicable now or hereafter amended. 32. IMPORTANCE OF ADVISEMENT BY LEGAL, TAX, OR OTHER COUNSEL. By signing this document, the parties acknowledge that this document has important legal consequences and understand the importance of having legal, tax, or other counsel examine this Agreement before signing this Agreement. The parties further acknowledge the importance of having legal, tax, or other counsel examine all documents referred to herein throughout the performance of this Agreement. 33. WAIVER. In no event shall either party to this Agreement be deemed to have waived any provision of this Agreement, unless such waiver is acknowledged in a written agreement executed by both parties hereto, and then only to the extent specifically and expressly set forth in said written agreement. No waiver by either party hereto of any provision as applied in one context shall be construed as a waiver of any other provision of this Agreement or of the same provision as applied to other contexts. 34. NEGOTIATION AND DRAFTING OF AGREEMENT. This Agreement has been negotiated at arms -length with neither Seller nor Buyer acting under any threat, coercion, or duress. The parties hereto jointly participated in the negotiation and drafting of this Agreement. The language used in this Agreement shall be deemed to be the language chosen by the parties hereto to express their collective mutual intent. This Agreement shall be construed as if drafted jointly by the parties hereto, and no rule of strict construction shall be applied against any party to the Agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first written above: Thompson: Big Thompson Investment Holdings, LLC, a Colorado limited liability company BY: it t '. ./11-16c3)Adw�4 -s Mark S. Goldstei ager County: -15- Weld County, a Body Politic and Corporate of the State of Colorado By: Doug is\\\Rademac ier, Chairman of the Weld County Board of Commissioners JAN 15 2014 -16- EXHIBIT "A" PROPERTY ONE PAGE 1 OF 2 J.EGAL DESCRIPTION: A PARCEL OF LAND LYING IN LOT B OF RE•4914 BEING PART OF THE WEST 1/2 OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST, OF THE 6TH. P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: CONSIDERING THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 66 WEST. OF THE 6TH. P.M., TO BEAR NORTH 00°08'03" EAST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 68 WEST SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 23, N 00°06'03" E FOR A DISTANCE OF 184.43 FEET; THENCE DEPARTING SAID WEST LINE N 90.00'00" E FOR A DISTANCE OF 602.09 FEET; THENCE S 00°00'00" E FOR A DISTANCE OF 163.39 FEET 7O A POINT ON THE SOUTH LINE OF SAID NORTHWEST 1/4; THENCE CONTINUING S 00°00'00" E FOR A DISTANCE OF 176.61 FEET TO A POINT ON THE SOUTH LINE OF LOT B OF RE -4914; THENCE ALONG SAID SOUTH LINE S 88°64'08" W FOR A DISTANCE OF 602.16 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 23; THENCE ALONG SAID WEST LINE N 00°06'02" W FOR A DISTANCE OF 185,19 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 3.98 ACRES. SUBJECT TO COUNTY ROAD RIGHT-OF-WAY. PAGE 2 OF 2 iv z oox dm zE ZM z 52 'Du 6Nui O 0 O I 47 w z J 111 8 1 3N17 N0I103S 40 30IS 1SV3 AVM-30-,tHOW ONIISIX3 ,0£ EC 'ON UV01 AZNnoo RI11 O Q 8 P0 O D 8 N a ti 3 0 CO 0 O z o) 2 $00. !ILA Italq CI 1/40 CV al CU CV EXHIBIT S James A. Martell From: Sent: To: Subject: Mark Goldstein <mark@geiresources.com> Wednesday, August 23, 2017 11:40 AM James A. Martell FW: Weld County Industrial Park - Release of the Letter of Credit µPaco 6,XTS / /3Li of From: Janet Lundquist[mailto:jlundquist@co.weld.co.us] /‘"1111- ► P -P -t L)eL.a Sent: Wednesday, March 29, 2017 2:29 PM To: Mark Goldstein <mark@geiresources.com>; Kathy Herder <kathy@geiresources.com>; Jean Saunders <jean@geiresources.com>; Tim K. Ostic <tostic@FIRSTIERBANKS.COM> Cc: Evan Pinkham <epinkham@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us>; Jay McDonald <jmcdonald@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Hayley Balzano <hbalzano@co.weld.co.us>; JEFF DONALDSON <jeffdonaldson42@aol.com>; Larry Clark <larry@geiresources.com>; Kathy Herder <kathy@geiresources.com> Subject: RE: Weld County Industrial Park - Release of the Letter of Credit We can do that. Evan wilt get back with you and Tim about the LOC. Let me know if I can assist you with anything else. Thanks, Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 1241«,. .1 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: Mark Goldstein [mailto:mark@eeiresources.com] Sent: Wednesday, March 29, 2017 12:08 PM To: Janet Lundquist <ilunduuist@co.weld.co.us>; Kathy Herder <kathy@eeiresources.com>; Jean Saunders <jean@neiresources.com>; Tim K. Ostic <tostic@FIRSTIERBANKS.COM> Cc: Evan Pinkham <eoinkham@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.cous>; Michelle Martin <mmartin@co.weld.co.us>; Jay McDonald <jmcdonald@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Hayley Balzano <hbalzano@co.weld.co.us>; JEFF DONALDSON <ieffdonaldson42@aol.com>; Larry Clark <larry@geiresources.com>; Kathy Herder <kathy@eeiresources.com> Subject: RE: Weld County Industrial Park - Release of the Letter of Credit 1 Janet, Our lender would like to have the first LOC released and then issue a new LOC concurrently with the release of the existing LOC. I have copied Tim Ostic on this email so your team can give him instructions on the template required for the new LOC. I have also included his contact info below. Tim Ostic Branch President FirsTier Bank FIRSTIER ; BANK P.O. Box 20130 www.firstierbanks.com 1508 Stillwater Avenue Cheyenne, WY 82003 307-632-3500 (Voice) 307-220-4463(Cell) 307-632-3516 (Fax) N M LS# 1147378 Peckham will be working on obtaining estimates for the 44 improvements once the final plans are approved. Thanks, Mark Goldstein From: Mark Goldstein Sent: Wednesday, March 29, 2017 11:35 AM To: 'Janet Lundquist' <jundquist@co.weld.co.us>; Kathy Herder <kathv@eeiresources.com>; Jean Saunders <jean@geiresources.com> Cc: Evan Pinkham <epinkham@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us>; Jay McDonald <jmcdonald@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Hayley Balzano <hbalzano@co.weld.co.us>; JEFF DONALDSON <jeffdonaldson42@aol.com>; Larry Clark <larry@geiresources.com>; Kathy Herder <kathy@geiresources.com> Subject: RE: Weld County Industrial Park - Release of the Letter of Credit Janet, I am checking with our accounting and lender team on this. I will be in touch. Thanks for your help Thanks, Mark (oiLeik0,) vF From: Janet Lundquist[mailto:iundquist@co.weld.co.usj � O,- ≤'7G P�a�Xh�k5 Sent: Wednesday, March 29, 2017 10:21 AM F(iJ"t To: Mark Goldstein <mark@Reiresources.com>; Kathy Herder <kathy@aeiresources.com>; lean Saunders ,, <jean@geiresources.com> 1 Cc: Evan Pinkham <epinkham@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us>; Michelle Martin <mmartin@co.wetd.co.us>; Jay McDonald <jmcdonald@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Hayley Balzano <hbalzano@co.weld.co.us> Subject: RE: Weld County Industrial Park - Release of the Letter of Credit Hi Mark, Sorry for the delay in getting back with you. Gene let me know that you all are completed with your construction, too. Congratulations, we made it and the construction project turned out well. I spoke with Hayley and we will run out there 2 and make the final inspection. I will get back with you as soon as that completed. I think the only thing I will need is a cost estimate from Andy for the CR 44 project. As you recall from our work session on November 7, 2016 that the commissioners wanted a collateral in place for the CR 44 improvements prior to the release of the existing collateral. We can handle this two ways: 1. We can reduce the existing letter of credit or a partial release. 2. We can accept new collateral for CR 44 then when that is completed, do a release of the existing collateral. Let me know how you want to proceed. Have a great day! Thanks, Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 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: Mark Goldstein Imailto:mark@geiresources.coml Sent: Wednesday, March 22, 2017 2:55 PM To: Janet Lundquist <jlundquist@co.weld.co.us>; Kathy Herder ckathy(EDgeiresources.com>; Jean Saunders <jea n Peeireso urces.com> Subject: Weld County Industrial Park - Release of the Letter of Credit Janet, The improvements to the Northside of Niobrara and the drainage on CR 33 are complete. This was the last condition to getting the Letter of Credit released. I understand Gene from Weld County met the contractor onsite and signed off. Please advise on the process to get the Letter of Credit released. Thanks, Mark Goldstein 3 EXHIBIT "B" PROPERTY TWO LEGAL DESCRIPTION Lot "A" of Recorded Exemption No. 1057 -23 -2 -RE 1177 recorded July 18, 1989, in Soo]; 1238 as Reception No. 2185517, being a part of the following described property: Lot "A" of Recorded Exemption No. 1057.23 -2 -RE 600 recorded June 9, 1983, in Book 999 as Reception No. 1929764, being more particularly described as follows; A parcel of land located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows_ SEGINNtNG at the Northeast Corner of said Northwest Quarter and considering the North Line as bearing South 90°00'00* West with all other bearings contained herein relative thereto; thence South 90°00'00" West, along said North line 204 feet to the TRUE POINT OF BEGINNING; thence South 00°00'21" East, 149.53 feet; thence South 80°52'45" West, 487.29 feet; thence South 84°17'47" West, 284.34 feet; thence South 87°15'49" West, 288.51 feet; thence South 70°45'51" West, 492.34 feet to a point on the East right-of-way line of the Union Pacific Railroad; thence North 41°08'20" West, along said right-of_way, 572.30 feet to a point on the said North line; thence North 90°00'0D" East, 1140.59 feet, along said North line to the TRUE POINT OF BEGINNING. EXHIBIT T Original Message From: Janet Lundquist [mailto:ilundauist@weldgov.com] Sent: Thursday, August 17, 2017 9:10 AM To: Mark Goldstein <mark@geiresources.com>; Phill Osier <pvosler@gmail.com>; Don Dunker <ddunker@weldgov.com>; Curtis Hall <chall@weldgov.com>; Elizabeth Relford <erelford@weidgov.com>; Evan Pinkham <epinkham@weldeov.com> Cc: Jeff Donaldson <jeffdonaldson42@aol.com>; Kathy Herder <kathv@geiresources.com>; Andy Reese <andv@northernengineering.com> Subject: RE: Weld County Road 44 & Niobrara Blvd. / Construction Estimate Hi Mark, The cost estimate looks good. I attached it for reference. The next step is that you need to work with Elizabeth and Evan and they will get the collateral accepted for CR 44 and eventually do the partial release of the subdivision collateral. From this point you will need to work with Don Dunker on your construction drawings and Elizabeth & Evan for the collateral and development review process. i wish you the best with your project! 1 Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 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. Original Message From: Mark Goldstein [mailto:nark@geiresources.com] Sent: Wednesday, August 16, 2017 3:56 PM To: Phill Osler <pvosler@gmail.com>; Janet Lundquist <iundquist@weldgov.com> Cc: Jeff Donaldson <jeffdonaldson42Paol.com>; Kathy Herder <kathv@leiresources.com>; Andy Reese <andv@northerneneineering.con> Subject: RE: Weld County Road 44 & Niobrara Blvd. / Construction Estimate Janet What is the status of the approval of the projected cost estimate for 44? Also, can you please advise on the status of the draft improvements agreement for 44? We will need this in order to get the County a bond. Lastly, as I understand it from the last BOCC hearing the current bond ( the current bond is for the onsite improvements that the County approved) will be reduced at the same time the new IA is approved and the new bond posted. Please confirm. Thanks Mark Goldstein Original Message From: Phill Osler [mailto:ovosler@gmail.com] Sent: Tuesday, July 25, 2017 3:49 PM To: Janet Lundquist <jlundquist@weldgov.com> Cc: Mark Goldstein <mark@Reiresources.com>; Jeff Donaldson <jeffdonaldson42@aol.com>; Kathy Herder <kathv@eeiresources.com>; Andy Reese <andv@northernengineerine.com> Subject: Weld County Road 44 & Niobrara Blvd. / Construction Estimate Janet, On behalf of Peckham Development Corp., please see the attached Weld County Road 44 & Niobrara Blvd.,Construction Estimate. Please let me know if you have comments, questions or concerns. Thank you, 2 PhiII Osier 2021 E 57th St. Loveland, CO 80538 (970)227-6935 cell pvosler@gmail.com 3 EXHIBIT U IVY NORTHERN ENGINEERING Weld County Road 44 - Project Summary Date: October 2, 2017 Project: Weld County Industrial Park — WCR 44 Improvements Project No. 694-005 Peckham, Colorado Attn: Mr. Goldstein: Mark Goldstein Peckham Development PO Box 273180 Fort Collins, CO 80527 Per you request, we have compiled the following Project Timeline detailing the design/review process for the Weld County Road 44 Improvements that were required as a part of the Improvement Agreement for the Weld County Industrial Park. The Project Timeline includes a brief description of what was submitted and when and when comments were received from County staff. We have also tried to outline significant items in the comments that necessitated additional submittals. In addition to the Project Timeline, we are also including an Alternative Design Analysis highlighting design characteristics that have been requested by County staff to date and how those compare to various portions of the Weld County Code or adjacent jurisdictions. These Alternative Design options would help to reduce the impact of the proposed project on adjacent land owners and help to reduce the overall project costs. We have also provided exhibits that show the resulting design if some of the proposed alternatives were allowed. These exhibits can be found in Appendix A. If you should have any questions as you review the following materials, please feel free to contact me directly. Sincerely, Andrew se Project Manger cc: FORT COLLINS:301 North Howes Street, Suite 100, 80521 1970.221.4158 GREELEY:820 8th Street, 80631 1970.395.98801 WEB: www.northemengineering.com Weld County Road 44 - Project Timeline 2014 December 2 Initial contract between Northern Engineering and Peckham Development 2015 February 2 March 11 NORTHERN ENGINEERING Initial submittal of WCR 33 & WCR 44 Improvement Plans This submittal was the initial submittal, and it included designs for both County Roads. Comments received from County Staff Staff comments include requests for 60' radii at access points, centerline profile for WCR 44, berm along Cervantes property, additional ROW along WCR 44, adjustments to K values in roadway design, addition of culvert at Cervantes driveway, minor tweaks to signage and slightly extended pavement at west end of WCR 44 improvements. There were also a handful of minor clerical corrections. May 12 Submittal #2 of WCR 44 Improvement Plans Per request from staff, WCR 33 and WCR 44 plans split into two separate packages. All comments received in previous round of review believed to be addressed. No County Review Comments Received Determination made by Staff to focus on WCR 33 plans and design since WCR 44 traffic triggers had not been reached. May —October WCR 33 Roadway Improvements Designed and Approved Six (6) submittals required, including alternative WCR 33 design that included auxiliary turn lanes not required in TIS in case WCR 44 isn't built. 2016 February 2 Submittal #3 WCR 44 Improvement Plans This submittal addressed all previous comments received from staff (except Niobrara return radius pending ongoing ROW discussions with County staff), shifted Niobrara intersection west to minimize Cervantes ROW requirements and increased Niobrara turn lane storage from 50'-100' per request from staff. Mill and Overlay Design provided for WCR 44 paving utilizing existing roadway cross slopes and existing centerline grades; centerline profile removed from plans since no longer relevant. Detention areas for new impervious pavement added in roadside swales. February 11 Comments received from County Staff Staff comments include requests to provide consistent 2% cross -slope on asphalt cross -sections and to provide WCR 44 centerline design meeting all County criteria. Request to provide detention for proposed and existing paving and addition of culvert linking north side swale of WCR 44 to south swale/detention area. Staff requests all County Approval Signature Blocks be removed from plans, that sight distance lines be shown on Niobrara profile, that proposed 60' Niobrara ROW be labeled. Minor additional clerical issues. Request to modify Niobrara return radii (50' vs. 60'). 2Ipa3e NORTHERN ENGINEERING 2016 (cont.) February - November WCR 33 Railroad Crossing, Gas Line Conflict and Niobrara Drainage Resolution This time was spent resolving two issues that came up during construction of WCR 33: the unforeseen widening of the railroad crossing and the resolution of a grading swale that had been filled in along the north side of Niobrara Blvd. which in turn blocked flows from the west side of WCR 33. September 12 Submittal #4 WCR 44 Improvement Plans This submittal addressed all previous comments received from staff (except Niobrara return radius pending ongoing ROW discussions with County staff), including new centerline design, updated mill/overlay design maintaining 2% cross slopes, providing detention for all adjacent paving (existing and proposed), added storm culvert from north swale to south detention area. October 14 Comments received from County Staff Staff comments include request to provide vertical analysis of Niobrara Blvd. as it relates to semi's traversing the vertical curves, modify proposed centerline design to use max 0.20% grade breaks, request for addition of roadside swale profiles, request for storm drain profile for pipe from north swale to south detention area, request for inclusion of a culvert under the Cervantes driveway for emergency flows, request for additional detention area between Cervantes property and Niobrara, additional detail needed for area inlet, riprap protection requested for all storm drains, request for cattle guard details and clarification on preliminary pavement design. 2017 January 4 Submittal #5 WCR 44 Improvement Plans This submittal addressed all previous comments received from staff except Niobrara return radius pending ongoing ROW discussions with County staff. February 9 Comments received from County Staff Staff comments include request to add survey control plan, modifications/additions to general notes, clarification on typical sections, creation of exhibit showing existing grader shed relative to ultimate ROW, request for individual ROW exhibits for both Cervantes and Petrocco property and grader shed ROW, request for minor labels/call- outs on swale P&P, minor labeling issues. New request for potholing information to be acquired and shown on all cross sections. Request to differentiate areas of full asphalt replacement/reconstruction and mill/overlay in cross sections. Requirement to add cut-off walls to all downstream end of all storm culverts. February 28 Applicant supplies response letter to County Staff Due to appearance of new comments and miscommunication between staff and applicant, stand-alone letter prepared outlining how remaining comments to be addressed, page by page. Wage 2017 (cont.) April 14 N NORTHERN ENGINEERING Submittal #6 WCR 44 Improvement Plans This submittal addressed all previous comments received from staff except Niobrara return radius pending ongoing ROW discussions with County staff. It included new potholing info in profile views (not cross sections), new survey info of entire grader shed property, easement/ROW exhibits that had been reviewed/approved by County Survey Staff, grader shed ROW analysis exhibit. May 15 Comments received from County Staff Staff comments include request for additional station info on typical cross sections, handful of minor labeling additions, request for 65' radius on Niobrara, minor tie-in info from section corners to centerline alignment, second request for potholing in cross sections, minor clerical redlines. Staff informed applicant that WCR 44 is being reconstructed as a County project. New design will not account for existing design of WCR 44 by applicant, so plans will need to be revised to use new WCR 44 design. July 10 Submittal #7 WCR 44 Improvement Plans This submittal addressed all previous comments received from staff except Niobrara return radius pending ongoing ROW discussions with County staff. Completely revised design utilizing new WCR 44 design resulting from County project to rebuild WCR 44. Modified drainage along south side of WCR 44 to include a swale to minimize impact to Petrocco property. July 31 Comments received from County Staff Staff comments include minor clerical corrections, request to move area inlet on north side of WCR 44 further from edge of roadway, minor swale grading changes, request for potholing information for utilities running parallel to WCR 44 (previous designs only provided potholing for crossing utilities), minor changes to roadway striping, request to display storm drains profiles with FES shown. August 2 Submittal #8 WCR 44 Improvement Plans This submittal addressed all previous comments received from staff except Niobrara return radius pending ongoing ROW discussions with County staff. Identified issue with moving inlet further north. August 2 Staff review meeting Staff directed applicant to move the inlet further north and construct a retaining wall to address concerns about slope stability next to existing irrigation ditch. Staff requested analysis of alternative roadway geometry for Niobrara that would shift roadway further west and potentially negate need for ROW from Cervantes property. August 4 Alternative Niobrara concept submittal Provided alternative configuration for Niobrara Blvd at intersection with WCR 44 that shifted roadway 7' west and eliminated need for ROW from Cervantes. Design included 60' radii for returns and utilized 7.5:1 tapers. 4IPagt, NORTHERN ENGINEERING 2017 (cont.) August 8 August 9 August 10 Comments received on Alternative Niobrara concept Staff provided comments indicating a 65' radius would be required along with 15:1 taper for southbound travel lane. Also required 6' extension of existing box culvert and demolition/reconstruction of existing concrete headwalls. Submitted Alternative Niobrara concept adhering to approved WCIP TIS Provided alternative configuration for Niobrara Blvd that matches TIS, which only called for a single northbound lane, not two lanes as required by County staff. Phone call from Janet Lundquist Discussion with staff indicated that the two northbound lanes would be required despite TIS conclusions. August 17 Submitted revised Alternative Niobrara concept Addressed all County comments received on 8/8 except radii and tapers. Provided technical analysis of code requirements and provided justification for proposed design. August 17 Received comments from County regarding code analysis of tapers County maintains that longer tapers will be required. No additional information provided. August 28 Submittal #9 WCR 44 Improvement Plans This submittal addressed all previous comments received from staff and maintained the original Niobrara Blvd. configuration. Alternative Niobrara configurations also provided with submittal to solicit formal comments. September 1 September 9 Staff comments received Comments received to correct plotting error on cross sections and to extend Niobrara pavement 50' beyond cattle guard. Formal comments received on alternative Niobrara configurations. Resubmitted Affected plan sheets from last review Corrected plotting error on cross sections and added 50' of paving; updated Niobrara striping plan accordingly. September 9 Staff comments received Request made to add left turn arrow and markings and to add cattle guard and Niobrara paving extents to roadway profile view. September 11 Resubmitted Affected plan sheets from last review Added pavement markings and added requested info to profile view. Requested confirmation that plans are approved with latest revisions. No response received. September 22 Request for status on last round of revisions No response received. 5 I P a 2017 (cont.) September 24 September 25 NE NORTHERN ENGINEERING Confirmation from County that plans are approved pending Right -of -Way acquisition. Final signed/stamped plans provided electronically to County 11x17 hard copy to be couriered after response from County regarding number of copies needed. Standard is one set, but I have offered to have more printed. No response as of yet. 6 age. NORTHERN ENGINEERING Weld County Road 44 - Alternative Design Analysis Item #1 - Intersection Configuration Current project requirement: Intersection of Niobrara Blvd. and WCR 44 to provide separate northbound turn movements onto WCR 44, a westbound left turn lane from WCR 44 onto Niobrara Blvd and an eastbound right turn from WCR 44 onto Niobrara. Alternative design option: Single northbound lane on Niobrara Blvd. and a single eastbound right turn lane on WCR 44. Support for alternative: TIS Report prepared in accordance with Appendix 12A.1 of the Weld County Code and approved as a part of the Weld County Industrial Park calls for an eastbound right turn lane from WCR 44 onto Niobrara Blvd. No other auxiliary lanes required. Impact of current requirement: Niobrara roadway width increases by 12' and WCR 44 width adjacent to Cervantes property increases by 12'. The wider roadways result in additional ROW and construction easements being needed from the adjacent property owner as well as significantly more material costs for the wider roadway. Additional detention requirements to account for increased runoff also impact overall project. Item #2 - Minimum Intersection Radii Current project requirement: 60'-65' return radii for east return at intersection of Niobrara Blvd. and WCR 44, adjacent to Cervantes property. Alternative design option: 50' return radii. Support for alternative: Larimer County Rural Area Road Standards (Section 4.9.1.8) requirement: 30' min. CDOT Roadway Design Guide (Section 9.5.2.2) requirement: 40' min. City of Greeley Streets Manual (Section 1.11): 30'-40' for Collector intersecting Arterial. AASHTO (Section 2.1.2, Table 2.2b): 44.8' min. Impact of current requirement: Increased minimum radii results in need for ROW to be acquired from adjacent property owner and forces relocation of existing water meter. 71P NORTHERN ENGINEERING Item #3 — Minimum Taper Ratio Current project requirement: 15:1 Redirect/Straight taper requirement for southbound Niobrara Blvd. north of Western Mutual Ditch. Alternative design option: Utilize 7.5:1 Transition Taper as shown in Table 12A-10. Support for alternative: All traffic on this section of road are completing a turn movement from WCR 44 onto Niobrara and are beginning to climb over the Western Mutual Ditch. As a result, vehicles are moving very slowly and are able to easily navigate a shorter transition length. Straight/redirect tapers are typically utilized for redirecting high speed traffic, not lower speed transitional movements which makes the Transition Taper more appropriate than the Straight/Redirect Taper. Impact of current requirement: Increased material costs to current design and restricts opportunities for alternative intersection configurations that could remove need for additional ROW from adjacent property owners. Item #4 — Minimum Storage Lengths Current project requirement: 100' storage length for northbound Niobrara turn lanes. Alternative design option: Utilize 50' storage length per Table 12A-11. Support for alternative: TIS concluded that there would be 75 northbound turn movements (right and left) in the peak hour. If the project turn movements are divided into two separate lanes as currently required, total peak hour turn movements will be even lower. Table 12A-11 specifies that the minimum storage length for 60-100 vph is 50'. Impact of current requirement: Increased material costs to current design and restricts opportunities for alternative intersection configurations that could remove need for additional ROW from adjacent property owners. Increased box culvert width/cost. INV NORTHERN ENGINEERING APPENDIX A ALTERNATIVE DESIGN EXHIBITS NorthernEngineering.com II 970.221.4158 r�i: lid- �7f7r �.r C ) G AUGUST 17, 2017 \moJ¢iawsaa05 DWGV vieRsNidaealtii —,77:117— — Vii! F- WCR 44 IMPROVEMENTS PECKHAM, CO —Lr / r 100' STORAGE i I _ 9'4 1 9 7.5' TRANSITION TAPER I (13' @ 7.5:1) -------! - - - - -I---------- -__-_ ___-_________________ -- - -7777, r 11- -34 -: INSTALL 3-8" BOLLARDS G G- OH OHE um OHE _ OHE _ OH OHE _ OHE OHE _ OHE _ OHE _ 1— — W _ I Ti!l- r, 11- , 21) AUGUST 9, 2017 D'PN OJEC75\694 d 05`D W G7JCI Ia li'S\N IU9 ETERMTE 4 y G G 1 —77771 -r1 '-'77771 icr— R65 T m rn G :2.62'_ 75' TRANSITION TAPER (5' @ 15:1) ` I 1 • • ----------------------- - - - j----- �_ G G WCR 44 IMPROVEMENTS PECKHAM, CO I•BRARA ALI NMEN COMBINED NORTHBOUND RIGHT/LEFT TURN LANE EXHIBIT V MEMORANDUM TO: Diana Aungst, Planning Services DATE: September 22, 2017 FROM: Evan Pinkham, Public Works SUBJECT: SPR17-0014 Peckham Development Company The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: Amendment to Site Plan Review SPR16-0007 to add buildings and to expand the storage of equipment including oilfield equipment, agricultural equipment, utility and heavy construction equipment in the 1-3 (Industrial) Zone District. This project is south of CR 44 and is east of CR 33. Parcel number 105723201005 . Access is from CR 33 & CR 44. ACCESS Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with public works prior to laying out your site plan to ensure the approved accesses are compatible with your layout. For new accesses and/or change of use of an existing access, the fee and photos are required (photo looking left and right along roadway from the access point and looking in to and out of the access point). These photos are used to evaluate the safety of the access location. Access permit instructions and application can be found at https://www.weldgov.com/departments/public works/permits/. Chapter 6, Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design guidance, which can be accessed at: https://www.weldgov.com/departments/public works/engineering/. For shared accesses, Public Works strongly recommends the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement, but is recommended to avoid property owner conflicts in the future. Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, an access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. ROADS AND RIGHTS -OF -WAY County Road 33 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. County Road 44 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) arterial road, which requires 140 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. The Colorado Department of Transportation (CDOT) has completed a US 85 Planning and Environmental Linkages (PEL) Study. The objective of the US 85 PEL Study is to develop a strategic vision for US 85 between 1-76 and the Town of Nunn. Please review the US 85 PEL Study to ensure you are in compliance with the requirements. More information about this study can be accessed at: https://www.codot.gov/proiects/us85pel. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC Latest ADT on CR 44 was taken on 2/10/2017 which counted 1246 vpd with 44% trucks. A traffic narrative was submitted with the application materials and indicated that there will be approximately 30 trips per shift. The expected traffic routes are along CR 33 & CR 44 and distribution of traffic is estimated to be 50-50. TRACKING CONTROL POLICY Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road base. Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are listed below. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. More than 10 round truck trips/day (tandem or semi -trucks) or more than 50 round passenger vehicles trips: • Access onto gravel roads requires a tracking control device and a minimum of 300 feet of recycled asphalt or road base. • Access onto paved roads requires either a tracking control device and 100 feet of asphalt OR 300 feet of asphalt. "Note: Recycled concrete is not allowed in County right-of-way **Tracking control devices can be double cattle guards or rip rap (6" washed rock) `**Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the above tracking control can be submitted to Public Works for review and consideration. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT Public Works may require an Improvements Agreement for one or all the following reasons: • Off -Site Public Improvements • Road Maintenance Agreement • Construction Maintenance Agreement • Access Improvements Agreement An Improvements Agreement is required for sites with required offsite improvements per Chapter 12, Article V, Section 12-5-60. Collateral is required to ensure the improvements are completed, and maintained. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldqov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/sprusr.pdf. It will detail the approved haul route(s), outline when offsite improvements will be triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage repairs, and future improvement triggers. CONDITIONS OF APPROVAL A. The plan shall be amended to delineate the following: 1. County Road 33 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. County Road 44 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 3. Show and label the approved access(es) (APXX-)00000, and the appropriate turning radii (60') on the site plan. (Department of Public Works) 4. Show and label the approved tracking control on the site plan. (Department of Public Works) 5. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) B. An approved access for this specific site is required prior to construction. The access permit will not be approved until off -site improvements to CR 44 are completed. DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) Hello