HomeMy WebLinkAbout20174287.tiffRESOLUTION
RE: APPROVE FIRST AMENDMENT TO IMPROVEMENTS AGREEMENT ACCORDING
TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS FOR USE BY
SPECIAL REVIEW PERMIT, USR-1687, AND AUTHORIZE CHAIR TO SIGN -
JOURNEY VENTURES, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on April 22, 2009, the Weld County Board of Commissioners approved a
Site Specific Development Plan and Use by Special Review Permit, USR-1687, for Journey
Ventures, LLC, P.O. Box 129, Greeley, Colorado 80632, for Mineral Resource Development
Facilities, including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch
Plants, along with importation of resource material, in the A (Agricultural) Zone District, on the
following described real estate, to -wit:
Lots A and B of Recorded Exemption #4744;
located within the SE1/4 and SE1/4NE1/4 of
Section 7, Township 5 North, Range 64 West of 6th
P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board approved an
Improvements Agreement According to Policy Regarding Collateral for Improvements between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Journey Ventures, LLC, with terms and conditions being as stated in said
agreement, and accepted Performance Bond #34BCSFX7461 from Hartford Casualty Insurance
Company, One Hartford Plaza, Hartford, Connecticut 06155, in the amount of $31,800.00, and
WHEREAS, the Board has been presented with the First Amendment to said Agreement
to establish a secondary haul route allowing trucks to also turn east onto County Road 58 and
head to the intersection with County Road 53 and then disperse, and
WHEREAS, after review, the Board deems it advisable to approve First Amendment to
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 First Amendment to said Agreement to establish a secondary
haul route allowing trucks to also turn east onto County Road 58 and head to the intersection
with County Road 53, between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Journey Ventures, LLC, be, and hereby
is, approved.
P Q c c c( C-)
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2017-4287
PL2007
FIRST AMENDMENT TO IMPROVEMENTS AGREEMENT - JOURNEY VENTURES, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of December, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOFjQDO
ATTEST: W.dediu,v
Weld County Clerk to the Board
BY:
Deputy Cler
APVD AS
County Attorney
Date of signature: 0///7O
ufie A.. Cozad, Char
Steve Moreno, Pro -Tern
arbara Kirkme er
2017-4287
PL2007
MEMORANDUM
TO: Esther Gesick, CTB DATE: December 18, 2017
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: First Amendment to Improvements Agreement —
USR 1687, Journey Ventures
Please place the attached amendment to the improvements agreement on the BOCC Agenda. Once the
agreement has been signed, please return a signed original back to me so I can provide them to Journey
Ventures
This agreement is for a secondary haul route from the Journey Ventures Pit located on CR 58 near CR
49.5. At an October 23, 2017 work session, the BOCC asked Public Works to begin working on an
amendment to the improvements agreement. The reason for the amendment was to allow IHC and other
trucks leaving the Journey Ventures pit to turn either east or west on CR 58. Trucks turning east on to
CR 58 would travel to CR 53 and disperse. All the improvements required by the original agreement
remain as a requirement. Trucks turning west on to CR 58 would travel to the Weld County Parkway and
then disperse.
Journey Ventures is currently in the process of providing designs to the required improvements at CR 58
and CR 53. The designs are expected to be submitted for review by the end of January 2018.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
c -c. Pct CCAC ! MC.)
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PL2oa1
FIRST AMENDMENT
TO
IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS
(JOURNEY VENTURES LLC - USR-1687)
THIS FIRST AMENDMENT TO IMPROVEMENTS AGREEMENT ACCORDING
TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (this "First
Amendment") is made and entered into this o27 day of , 2017 by and
between Journey Ventures LLC ("Journey Ventures"), a Colorado Corporation and the
COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through
its Board of County Commissioners (the "County").
WITNESSETH:
WHEREAS, the County and Journey Ventures LLC, a Colorado limited liability
company entered into an IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS FOR JOURNEY VENTURES LLC
- USR-1687 dated September 7, 2011 and recorded September 9, 2011 at reception
number 3791261 of the Weld County, Colorado records (the "Improvements Agreement").
WHEREAS, the parties hereto desire to amend and modify certain terms and
provisions of the Improvements Agreement to include a secondary haul route from the
USR-1687 entrance onto CR 58 then west to the Weld County Parkway because the
Weld County Parkway did not exist when the haul route was initially established.
NOW THEREFORE, for and in consideration of the mutual promises and
covenants herein contained and other good and valuable consideration, the receipt and
adequacy of which are hereby confessed and acknowledged, the parties agree to amend
and modify the Improvements Agreement as follows:
1. The foregoing recitals and conditions of the Improvements Agreement
dated September 7, 2011 are hereby incorporated as if fully restated in this
First Amendment to the Improvements Agreement.
2. The Exhibits attached to this First Amendment are hereby attached to and
made a part of the Improvements Agreement.
3. Paragraph B(1.0)(a).shall be deleted and replaced with the following:
a. Exiting or entering the site: WCR 58 between the gravel pit entrance
east to the intersection of WCR 53 and WCR 58 between the gravel pit
entrance west to the intersection of the Weld County Parkway.
4. Except as expressly amended or modified herein all terms and provisions
of the Improvements Agreement shall remain the same. In the event of any
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Carly Koppes, Clerk and Recorder, Weld County, CO
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conflict between the terms and provisions of this First Amendment and the
terms and provisions of the Improvements Agreement, the terms and
provisions of this First Amendment shall control and supersede over the
terms and provisions of the Improvements Agreement.
IN WITNESS WHEREOF the parties have executed this First Amendment as of the day
and year first above written.
PROPERTY OWNER:
Journey Ventures LL,
a Colorado corpor
ATTEST:
Chris Leone, President
ddrit,A) Jdto;&k.
Weld County Clerk to the Boar
Deputy rk o the B
COUNTY:
BOARD OF COUNTY COMMISSIONERS,
WELD COUNTY, COLORADO
d, Chair oft Bo = rd
DEC 272017
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Carly Koppes, Clerk and Recorder, Weld County, CO
"Ill
020 7- ifa870
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