HomeMy WebLinkAbout20170859.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For:
D&C Farms, LLLP c/o NGL Water Solutions DJ, LLC — USR15-0067
DEPARTMENT: Public Works DATE: 3/1/2017
RECEIVED
MAR 072017
PERSON REQUESTING: Evan Pinkham
Brief description of the issue:
COMMISSIONERS
The Department of Public Works received a request from the applicant, NGL Water Solutions DJ, LLC,
requesting that the Board of County Commissioners consider approving the Improvements Agreement for the
mineral resource development facility (USR15-0067), located south of and adjacent to CR 6 and east of and
adjacent to CR 17.
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -
mentioned signed original document and observed the following:
All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy
Regarding Collateral For Improvements", are found to be acceptable. The Agreement has been signed
by Jay McDonald/Public Works Director.
The Department of Public Works received a request from the applicant, NGL Water Solutions DJ, LLC,
requesting that the Board of County Commissioners consider accepting off -site collateral in the form of a
company check (Bank of America, 4251012073) in the amount of $3,600.00, for the above -mentioned
Improvements Agreement.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements and the acceptance of off -site collateral for (USR15-0067), and that this item be
placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Approve Schedule as Regular
Recommendation BOCC Hearing Item Other/Comments:
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
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O: IBOCC PassAroundl USR15-0067 Passaround-BOCC Hearing Request 2017.docx
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2017-0859
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
D&C Farms, LLLP C/O NGL Water Solutions DJ, LLC "C-2" — USR15-0067
THIS AGREEMENT is made this f /f�' day of ,Lei mAgy , 2011, by and between D&C
Farms, LLLP, hereinafter referred to as "Property Owner," NGL Water Solutions DJ, LLC,
hereinafter called "Lessee", and the County of Weld, by and through its Board of County
Commissioners, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the property described in the application to Use
by Special Review USR15-0067, referred to as "the Property," which has been approved by the
County, and
WHEREAS Lessee has leased the Property from the Property Owner and
WHEREAS, as a condition of approval of USR15-0067, the Lessee agrees to complete the
improvements required by this Agreement; pursuant to Exhibit A (Costs) and Exhibit B (Schedule)
which are included, and depicted in the Plat Map and, if applicable, the set of accepted Construction
Plans, copies of which shall be attached to this Agreement as they become available and made a
part hereof, as Exhibits C (Plat Map), found at reception number 4291936 and D
(Construction Plans), found at reception number N/A respectively, and
WHEREAS, the parties agree that the Lessee shall provide collateral for all off -site
improvements required by this Agreement before the Lessee submits and receives approval of an
application for a Grading Permit, Building Permit or for a Right -Of -Way Permit for construction of
accesses and work within the County and/or State of Colorado Right -Of -Way, or at a time
determined acceptable by the Board of County Commissioners.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
2
Part 1 (of 2): Site Specific Provisions
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MA. Required Off -Site Improvements:
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a� ti 1.0 Weld County Roads: The Lessee shall be responsible for the construction and maintenance
of the following off -site safety improvements, as described in the accepted Exhibit C (Plat Map)
and/or Construction Plans (Exhibit D):
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Granting of any new point of access may generate additional obligations with County for
Off -Site Improvements and the need to post additional "Road Maintenance Collateral", if
applicable. A County access permit is needed for every access to a County road.
2.0 Road Improvements Responsibilities: Lessee is solely responsible for all designated
improvements and for all expenses associated therewith.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any
conditions or considerations granted by the Board of County Commissioners, Lessee shall not be
required to complete the aforementioned offsite improvements until the occurrence of the triggering
event for each improvement, namely the application for the Grading Permit, Building Permit or
Right -Of -Way access permit or the commencement of activities on the property(s).
B. Haul/Travel Routes
1.0 Established Haul Routes from the facility access point:
1.1 Exiting or entering the site: haul vehicles shall enter or exit the site at the approved access
onto CR 19 for further dispersal. Any County roads routinely utilized by USR haul traffic
may become part of the established haul routes.
1.2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
1.3 In unusual or rare occasions, if particular projects mandate deviation from the above -
mentioned haul route, the County may approve a deviation for a limited period of time
(not more than thirty days). If County approves such deviation, haul vehicles will utilize
paved county roads whenever possible. A deviation from the established Haul route
lasting more than thirty (30) days or requests for two or more deviations within a twelve
month period shall be subject to the terms of Section B.4.0. In the event that haul route
traffic, in excess of 15% of the daily facility haul vehicle trips, utilizes alternate haul
routes, the provisions of Section 4.0 of this Section B shall be triggered.
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2.0 No Deviation from Approved Haul Routes: Except under the provisions provided in Section
B.1.3, no deviation in the use of any roads other than those specifically authorized for use in this
Agreement is permitted without the prior written amendment of this Agreement.
3.0 Haul Route Signage(If Applicable): Lessee shall install haul route signs, as per MUTCD
standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility
and which clearly depict County approved haul routes.
4.0 Effect of Future Changes to Haul Routes: Any future changes to haul routes requiring use
of unpaved County road may require dust control or paving of such roads, as defined by an
amended agreement. In such circumstance, County will determine the proportionate share of dust
control and/or paving costs to be paid by Lessee based upon then current vehicle trip counts that
identify traffic loading due to Lessee's facility. The amount and extent of dust control and/or paving
measures will be determined by site -specific conditions at the time, as determined exclusively by
Page 2 of 13
County personnel.
5.0 Off -Site Dust Control/Abatement: The Lessee is required to provide dust abatement along
affected Haul Route Roads approximately two to five times per year, as determined by the County.
County will determine the proportionate share of dust control to be paid by Lessee. The amount and
extent of dust control measures will be determined by site -specific conditions at the time, as
determined exclusively by County personnel. The County reserves the right to install traffic
counters on the driveway(s) of the Lessee's facility. The County will have sole responsibility for
determination of the percentage of haul route traffic on all affected roads.
6.0 Obligation to Maintain Current and Future Haul Routes: Lessee will be financially
responsible for the excavation, repair, and patching of any damage on current or future haul route
roads, which in the sole opinion of County has been created by vehicle traffic to and from the
Property. Should Lessee's site activities or vehicle circulation patterns change in the future so that
County approves an alternate haul route, and all or a significant portion of Lessee's sourced traffic
no longer utilizes the above -described haul route and instead utilizes other portions of County roads,
Lessee shall cooperate with County in maintenance of said roads which are included within the new
haul route. The type and method of repair will be determined by the County Engineer or his
representative. Repairs shall commence within 48 hours of notification by the County for any
roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other
repairs shall commence within thirty (30) days of receipt of Weld County's written notice.
6.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by
Project traffic that causes an immediate threat to public health and safety or renders the
road impassible ("Significant Damage"), County shall, after inspection, notify Lessee of
such Significant Damage. Lessee shall identify the repair required and shall consult with
County on the extent, type, timing, materials and quality of repair (i.e. temporary versus
permanent) within twenty-four (24) hours after receipt of such notice and shall
commence such repair within forty-eight (48) hours after receipt of such notice. If such
repair is not commenced within such forty-eight (48) hour period, County shall have the
right to draw on the Road Maintenance Collateral and use such funds to perform such
repair. If Lessee identifies Significant Damage prior to receiving notice thereof from
County, Lessee may commence repair of such Significant Damage and shall
2 concurrently notify County of the extent, type, timing, materials and quality of repair
2 (i.e. temporary versus permanent).
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6.2 Repair of Road: On or before December 31 of the calendar year in which County staff
has determined through site analysis and/or pavement testing that a particular haul route
road portion will require paving measures in order to protect the public health, safety,
and welfare, and has budgeted sufficient funds for the following calendar year to pay its
share of the Off -Site Improvement/Repair Costs, County shall notify Lessee in writing
that the Off -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of
its receipt of County's notice of the need to undertake the road maintenance repairs
and/or improvements, Lessee shall submit Off -Site Construction Plans and Cost
Estimates to County for review. Lessee shall have sole responsibility for the completion
of the repairs and/or improvements on or before December 15 of the year following
County's notice of the need for repairs.
Page 3 of 13
6.3 In County's sole discretion, County may undertake the repairs and/or improvements.
Lessee's payment for its Proportionate Share of the road repairs/improvements will be
calculated as described in this Agreement.
7.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Lessee and all other Property Owners and/or Lessees who are required by County to
participate in road improvement/maintenance agreements. As a result of the annual inspection,
County, in its sole discretion, shall determine actual conditions and shall further determine what
road repair/improvement/maintenance work is to be performed during that construction season.
Notification to the Lessee of the required roadway repairs will be given as soon as the data becomes
available.
8.0 Future Improvements to Haul Routes: If traffic volume or conditions require future
improvements to be made to the haul route(s), including intersections, the County may require
Lessee to pay a proportionate share of the cost of the entire project. Future improvements will be
subject to any Federal, State or County regulations in place at the time the improvement project is
initiated.
The following is a list of the American Association of State Highway & Transportation Officials,
(hereinafter "AASHTO ") site -specific triggers for turn lanes:
a. 25vph turning right into the facility during a peak hour.
b. 50 vph turning right out of the facility during a peak hour.
c. 10vph turning left into the facility during a peak hour.
Due to the increased traffic volumes at the facility below is a list of triggers for the improvements
for the upgrading, widening, and/or paving of County maintained CR 4 in the area of the facility
entrance:
a. 200 vehicles per day Mag-Chloride
b. 300 vehicles per day Alternate Pavement
c. 400 vehicles per day Asphalt Pavement
IN 9.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road
2 damage increases beyond the point that repair of damage cannot maintain the road in a safe and
usable condition, Lessee shall pay a proportionate cost of a complete road restoration. Notification
_Er' to the Lessee of the required roadway replacements will be given as soon as the data becomes
available and typically takes place before the end of the year prior to the start of the replacement
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10.0 Proportionate Share of Road Maintenance Responsibilities:
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• Sao 10.1 Lessee shall pay its Proportionate Share of costs of dust control/abatement, paving,
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repairs, maintenance, improvements, or future road replacement of any particular Haul
• E Y Route Road. Lessee's Proportionate Share shall be based upon the percentage of traffic
n:-�r on the road that is attributable to Lessee's facility. County personnel will determine the
percentage based on then current Equivalent Single Axle Load (ESAL) Counts. Lessee
.400. shall not be responsible for traffic that is not sourced from the Lessee's facility.
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`4., 10.2 The County shall notify Lessee of County's preliminary determination and assessment of
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Page 4 of 13
Lessee's proportionate share of costs. Prior to County's final determination and
assessment, County shall provide Lessee with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and
determinations. The County shall review and consider Lessee's input prior to making a
final determination and assessment. The County shall have sole responsibility for
determination of Lessee's proportionate share of costs.
11. Road Maintenance Collateral: Lessee shall post Road Maintenance Collateral as described
by Part 2 of this Agreement.
C. On -Site Improvements (Not Applicable)
1.0 Landscaping and Fencing Requirements: Lessee 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/or Plat Map. Additionally, the Lessee shall install and/or maintain
fencing to screen the property where applicable as indicated on the accepted construction plans
and/or Plat Map. In the event any of these improvements may include work extending into State or
County Right -Of -Way, a Right -Of -Way or access permit is required.
2.0 On -Site Grading, Drainage Facilities and Paving: Lessee 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 Plat Map. Any
other on -site improvements shall be completed as indicated on the accepted Construction Plans for
this facility. Lessee shall be responsible for all maintenance of the on -site improvements.
Additional infrastructure improvements will be addressed at the time of application for any future
amended USR. Some of these improvements may include work extending into State or County
Right -Of -Way in which case a Right -Of -Way or access permit is required.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any
conditions or considerations granted by the Board of County Commissioners, Lessee shall not be
required to initiate any applicable 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 USR. Except with prior County consent, no grading permit will be released until collateral
is posted for all off -site improvements and the final Construction Plans have been submitted to and
accepted by the Department of Public Works. Access and/or Right -Of -Way permits might also be
required prior to approval of the grading permit. Grading shall not commence until Construction
Plans are accepted. Any alterations to the accepted Construction Plans must be accepted in writing
by the County Planning and Public Works Departments. At that time, and unless otherwise
amended, Lessee agrees that all landscaping and other on -site improvements shall be completed
within the parameters established in this Agreement.
"End of Part 1"
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Page 5 of 13
Part 1 Final IA (4-5-16).docx
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Page 6 of 13
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
D&C Farms, LLLP C/O NGL Water Solutions DJ, LLC "C-2" — USR15-0067
Part 2: General Provisions
A. General Requirements:
1.0 Engineering Services: Lessee shall furnish, at its own expense, all engineering services in
connection with the design and construction of the improvements identified on the accepted
Construction Plans according to the construction schedule set forth in Exhibit "B," both of which
are attached hereto and incorporated herein by reference.
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The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission of
necessary documents to the County.
1.3 Lessee shall furnish construction drawings for the road improvements on public rights -
of -way or easements and all improvements interior on the Property for approval prior
to the letting of any construction contract.
1.4 Construction Standards: All improvements shall conform to the "Standard
Specifications for Road and Bridge Construction" provided by CDOT.
2.0 Rights -of -way and Dedication of Right -of -Way: If necessary, Lessee agrees to acquire any
property interests, such as right-of-way, utility or access easements, necessary to complete any
improvements required by this Agreement. Any rights -of -way to be dedicated to the County shall
be conveyed by appropriate deed and, after acceptance by the County, recorded in the records of
the Weld Count Clerk and Recorder.
3.0 Construction: Lessee shall furnish and install, at its own expense, the improvements
identified on the accepted Construction Plans and Plat Map, be solely responsible for all associated
costs. All improvements must be completed in accordance with the schedule set forth in Exhibit
"B". The Board of County Commissioners, at its option, may grant an extension of time upon
application by the Lessee.
3.1 Said construction shall be in strict conformance to the plans and drawings accepted by
the County and the specifications adopted by the County.
3.2 Lessee shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction; and shall
furnish copies of test results to the County. If County discovers inconsistencies in the
testing results, Lessee shall employ at its expense a third party qualified testing
Page 6 of 13
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 Lessee's expense. Any
material or work not conforming to the approved plans and specifications, including
but not limited to damages to property adjacent to the construction plan area shall be
repaired, removed or replaced to the satisfaction of the County at the expense of Lessee.
3.4 Permits. Lessee must still apply for and abide by the terms of any necessary right-of-
way permits, grading permits, and building permits. No work may occur in the
County's right-of-way without a County -issued right-of-way permit and access permit.
4.0 Release of Liability: Lessee shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of every
nature and description caused by, arising from, or on account of said design and construction of
improvements, and pay any and all judgments rendered against the County on account of any such
suit, action or claim, together with all reasonable expenses and attorney fees incurred by County
in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises
out of the negligence of the County or its officers, agents, employees, or otherwise except for the
liability, loss, or damage arising from the intentional torts or the gross negligence of the County
or its employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's
compensation insurance and public liability insurance coverage, and shall operate in strict
accordance with the laws and regulations of the State of Colorado governing occupational safety
and health.
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4.1 Lessee shall indemnify and hold harmless the Property Owner from any and
all liability loss and damage Property Owner may suffer as a result of all
suits, actions or claims of every nature and description caused by, arising
from, or on account of said design and construction of improvements, and
pay any and all judgments rendered against the Property Owner on account
of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by Property Owner in defending such suit, action or
claim whether the liability, loss or damage is caused by, or arises out of the
negligence of the Property Owner or its officers, agents, employees, or
otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the Property Owner or its
employees while acting within the scope of their employment. All
contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance
and public liability insurance coverage, and shall operate in strict
accordance with the laws and regulations of the State of Colorado governing
occupational safety and health.
4.2 The Property Owner consents to Lessee entering into this Agreement. The
Property Owner shall incur no obligation, liability or financial responsibility
under this Agreement.
Page 7 of 13
5.0 Acceptance of Off -Site Improvements by the County: Upon written request by the Lessee,
the County shall accept the Lessee's off -site improvements, if the following conditions are met:
• The off -site improvements have been completely constructed, and
• The Lessee's Engineer has filed a Statement of Substantial Compliance, and
• The County Engineer has inspected the improvements and agrees they are complete.
5.1 The County does not represent that the improvements will be constructed and/or
available for their intended use(s). The County does not assume liability for
improvements designed and/or constructed by others.
5.2 If approved by the County Engineer, portions of the improvements may be placed in
service, but such use shall not constitute an acceptance by the BOCC.
5.3 County may, at its option, issue building permits for construction for which the
improvements detailed herein have been started but not completed according to the
schedule shown on Exhibit "B," and may continue to issue building permits so long as
the progress of work on the USR improvements in that phase of the USR is satisfactory
to the County, and all terms of this Agreement have been faithfully kept by Lessee.
6.0 Warranty Period: Lessee agrees to warrant the improvements for two years from the date
the improvements are accepted by the County. Upon completion of the two-year warranty period
and at the request of the Lessee, the County Engineer shall inspect the improvements and direct
the Lessee to correct any deficiencies. The County Engineer shall re -inspect after all corrections
have been completed. If the County Engineer fmds that the improvements are constructed
according to County standards and the accepted Construction Plans, he/she shall recommend full
acceptance. Upon receipt of the County Engineer's unqualified recommendation for acceptance,
the BOCC shall accept the improvements.
7.0 General Requirements for Collateral: County requires Lessee to provide collateral to
guaranty all of Lessee's obligations under this Agreement: (1) Project Collateral for completion of
off -site improvements described in this Agreement; (2) Warranty Collateral required for all
improvements during the warranty phase; and (3) Road Maintenance Collateral (If Applicable) to
be kept in place for the life of the permit.
7.1 Project Collateral — Lessee shall submit Project Collateral in a form accepted by Weld
County to guarantee completion of any off -site improvements. Such collateral must be
equivalent to One -Hundred Percent (100%) of the value of the improvements as shown
in this Agreement. This collateral must be submitted to County upon the execution of
this Agreement, or at a time determined acceptable by the BOCC, and shall be held in
total by County until such improvements are accepted and collateral is released by the
BOCC.
7.2 Warranty Collateral for all off -site improvements shall be submitted to County and
shall be held in total by the County for two (2) years following its written acceptance
of the improvement(s).
Page 8 of 13
7.3 If required by Part 1 of this Agreement, Road Maintenance Collateral shall be
submitted to County at the time of approval of this Agreement. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads.
7.4 Collateral may be in any form permitted by Weld County Code Chapter 2, Section 3.
7.5 The Board of County Commissioners reserves the right to reject collateral as permitted
by Weld County Code Chapter 2 Section 3.
7.6 Collateral shall be released in accordance with the provisions of Weld County Code
Chapter 2 Section 3.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement: If in County's opinion, Lessee has violated any of the
terms of this Agreement, County shall so notify Lessee and shall state with specificity the facts
and circumstances which County believes constitute the violation. Lessee shall have thirty (30)
days within which to either cure the violation or demonstrate compliance. Thereafter, County may
seek any remedy described in this Agreement or otherwise provided by law.
2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the
earliest of the following events:
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2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur
upon Lessee's complete cessation of all activities permitted by the USR. A partial
cessation of activities shall not constitute a Termination of this Agreement, nor shall
County's issuance of a partial release constitute a Termination. Unless informed in
writing by the Lessee of cessation of activities, and verified by the County, cessation
shall be presumed if the County determines that the USR has been inactive for three
(3) years. Lessee shall not be entitled to a release of Project or Warranty Collateral
unless and until the improvements required by this Agreement are completed.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new Lessee or Operator
who has purchased the Property or has assumed the operation of the business permitted
by the USR, and intends to make use of the rights and privileges available to it through
the then existing USR.
2.3 Revocation of USR: This Agreement shall terminate following County's revocation of
Lessee's USR, except that the Lessee shall only be released from this Agreement after
the successful completion of all improvements required under this Agreement, which
may be completed by County after accessing Lessee's collateral if Lessee fails to
complete such improvements.
3.0 Revocation of USR: Lessee acknowledges that failure to comply with the terms of this
Page 9 of 13
Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole
discretion by proceeding with revocation under the then current provisions of the Weld County
Code.
4.0 County Completion of Improvements / Accessing Collateral: County reserves the right to
access any collateral provided by Lessee in order to complete the improvements required under
this Agreement, if Lessee fails to do so for any reason, after receiving notice of a violation of the
terms of this Agreement as provided herein.
5.0 Court action: Upon notice of violation and failure to cure within the time permitted by this
Agreement, County may seek relief in law or equity by filing an action in the Weld District Court,
except that no such civil action or order shall be necessary to access collateral for the purpose of
completing improvements as described above.
C. Miscellaneous Provisions.
1.0 Definitions:
1.1 All references in this Agreement to "County Engineer" shall refer to the any individual
or individuals appointed by the County Engineer to act on his/her behalf.
1.2 All references to "Haul Routes" include identified travel routes for subdivisions;
references to "haul vehicles" include subdivision vehicular traffic, as applicable.
1.3 All references to "Lessee" shall include any individual or entity, including an
"Operator", who is acts on behalf of the Lessee regarding this Agreement.
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2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in
whole or in part by Lessee without the express written consent of County and the written agreement
of the party to whom the obligations under this Agreement are assigned. Lessee's release of its
obligations shall be accomplished by County's execution of a new Improvements Agreement with
the successor owner of the property. Consent to a delegation or an assignment will not be
unreasonably withheld by County. PROPERTY OWNER SHALL BE RELEASED FROM ALL
OBLIGATIONS UNDER THIS AGREEMENT UPON THE EXPRESS WRITTEN
ASSIGNMENT OF THIS AGREEMENT TO, AND ACCEPTANCE BY, A PURCHASER OF
THE PROPERTY. SUCH ASSIGNMENT SHALL NOT REQUIRE THE CONSENT OF THE
COUNTY. County's rights and obligations under this Agreement shall automatically be delegated,
transferred or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement.
All of the terms and conditions set forth in this Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of Lessee, and upon recording by the
County, shall be deemed a covenant running with the land herein described.
3.0 Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
Page 10 of 13
4.0 No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
not included in this Agreement. It is the express intention of the undersigned parties that any person
or entity, other than the undersigned parties, receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
7.0 Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Lessee agrees
that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
8.0 Severability: If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
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9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract
Professional, concerning this Agreement, the parties agree that each party shall be responsible for
the payment of attorney fees and/or legal costs incurred by or on its own behalf.
10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
11.0 Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents
and warrants that he or she is duly authorized and has legal capacity to execute and deliver this
Agreement. Each party represents and warrants to the other that the execution and delivery of the
Agreement and the performance of such party's obligations hereunder have been duly authorized
and that the Agreement is a valid and legal agreement binding on such party and enforceable in
accordance with its terms. If requested by the County, Lessee shall provide the County with proof
of Lessee's authority to enter into this Agreement within five (5) days of receiving such request.
Page 11 of 13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above writt
PROPERTY OWNERS;
SIGNATURE
!J Gaay Howard
PRINTED NAME roi g),/c2rne �('I(pjaeci_
TITLE (If Applicable)
STATE OF COLORADO )
ss.
County of. Weld )
The foregoing instrument was acknowledged before me this 11day of
by _Sohn E . 1-I cward, aria C . Nowa y- .(1)cif (4o-4 •
WITNESS my hand and official seal.
, 2016,
DULCE ISABEL GUERRERO ZAPIEN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20064023000
My Commission Expires June 21, 2018
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otary Public
Page 12 of 13
LESSEE (If Applicable):
SIGNATURE' y,
PRINTED N
TITLE
STATE OF COLORADO
SS.
County of Weld
The foregoing instrument was acknowledged before me this day of
by Irk, Lk) (.the
WITNESS my hand and official seal.
JOHN ROSS PONTIOUS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2O124O17238
MY COMMISSION EXPIRES APRIL 9, 2020
ATTEST: dirAtAl •ii
Weld . t Clerk to the Board
BY
eputy C ' rk to the B
ROVE AS TO FORM:
County Attorney
U:\Engineering\PLANNING DEVEL
Agreement\NGL C2 D&C Farms (USR
,2017,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C,OLO, ADO
Julie A. Cozad, Chair
APPROVED AS T
Page 13 of 13
AR 272017
CE:
Qffiri.i.or Department Head
Referals\USRI5\USR15-0067 NGL C-2 D&C Fanns\Improvements
x
2 D/1- 1
EXHIBIT A - Cost Sheet (OFF -SITE)
Name of Facility: C.,— Zq c ZS
Personnel Contact: Name
Filing/Case #: U5R/5-00(97 Location: NI/L, 5W'/y,'5Zf6, T1.P1, MOW
Title:
Phone:
Intending to be le al bound, the undersiened Applicant hereby agrees to provide throughout this facility the following Improvements.
Improvements
(Leave spaces blank where they do not apply)
(OFF -SITE)
Quantity
Units
Unit Costs ($)
Estimated Construction
Cost ($)
,,PUBLIC WORKS,
Site Grading
Street Grading
Street Base, Gravel for Parking
Street Paving
Pavement Marking
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access Improvements
Erosion Control Measures/BMP's
Road Maint. Collateral (per Sec. E.-7.5)
t?SCOCj
Dust Control (per Sec. E.-7.5.2)
Fire Hydrants
Survey, Street Monuments/Boxes
,,PLANNING SERVICES,.
Parking Area, Curb Stops, Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
Park Improvements
Handicap Accessibility, Parking & Rails
4312211 Pages: 15 of 19
06/21/2017 02:58 PM R Fee:$0.00
$0.00
Carly�IKoppes, Clerk and Recorder, Weld
,I II f11TI�II��hill IIn7iorIIilIIfif<,I
County, CO
lkIllirW''`,I Ili
Septic Systems
SUB -TOTAL:
(Testing, inspection, as-
Engineering and Supervision Costs ($) final plat; supervision
uiit plans and work in addition to preliminary and
of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION ($)
EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page
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 s . e completed according to the construction schedule set out in Exhibit B
By:
Ap
Title Z> !V /
‘'sl�w��
By:
Applicant
Title
4312211 Pages: 16 of 19
08/21/2017 02:58 PM R Fes:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
girthifliinAll It IACI +iM4A 11111
Date -A 'aziky /l , 20 /7
Date , 20
EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE)
Name of Subdivision, PUD, USR, RE, SPR: US21S- 00097 Filing/Case #: Location: N yt,5+.4 i;SZ' J Ti14 2G7w
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following Improvements.
All Improvements shall be completed within years from the date of approval of the final plat.
Construction of the umprovements listed In Exhibit A snail oe completed as ronows:
Improvements
Time Schedule
(Leave spaces blank where they do not apply)
(01V -E1
LOFT SITEI
,iPUBL1C WORKS,!,
Site Grading
Street Grading
Street Base, Gravel for Parking
Street Paving
Pavement Marking
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access
Erosion Control Measures/BMP's
Fire Hydrants
Survey, Street Monuments/Boxes
,I.PLANNING SERVICES,
Parking Area, Curb Stops, Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
Park Improvements
Handicap Accessibility, Parking & Rails
Septic Systems
Final Completion Date for Enitre Protect
/i L(_ IM V,lfilin CoA4PC. T o
4312211 Pages: 17 of 19
06/21/2017 02:56 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, Co
VIII�1�«� r.I'l� rL 41�1�+���ia Yoh 1I II 1
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:
Title
By:
Applicant
Title
4312211 Pages: 18 of 19
08/21/2017 02:88 PM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County, Co
lIII NUM R ! I17A I hR�4P�aN, 1��1Y4 ii II
Date .11/1 14 .y !l , 20 /7
Date , 20 _
O:1New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx
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a subsidiary of N
3773 Cherry Creek h
Denver, CO 80209
PAY Three Thousand Six Hundred Dollars And 00 Cents
TO THE
ORDER OF: WELD COUNTY PUBLIC WORKS
1111 H STREET PO BOX 758
GREELEY,CO 80632 US
ccA .
Void After 90 Days
HECK DATE
116 -JAN -17
HECK NO.
251012073
AYEE
'Weld County Public Works
CHECK AMOUNTI
$3,600.
INVOICE #
NVOICE DESCRIPTION
INVOICE DATE
INVOICE AMOUNT
DISCOUNT TAKEN
INVOICE AMT PAI
011217 -WELD
2 ROAD MAINTENANCE
IMPROVEMENT COLLATERAL
12 -JAN -17
3,600.
0.00
II
3,600.
■
Tisa Juanicorena
From:
Sent:
To:
Subject:
Kim Ogle
Thursday, June 08, 2017 11:06 AM
Tisa Juanicorena
USR MAPS - RECORDING INFO
USR15-0067 — D&C Farms LLLP to NGL Water Solutions D LLC (Hearing date was 3/27/17) Kim REC # 4291936 DATED
4.6.2017
USR15-0079 — RLU Holdings, LLC c/o Northwinds of Wyoming (hearing date was 3/29/17) Kim REC # 4293296 DATED
4.12.2017
Kim Ogle
Planner
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.400.3549
Office: 970.353.6100 x 3540
Facsimile: 970.304.6498
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
DA Think Green - Not every email needs to be printed
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