HomeMy WebLinkAbout20160407.tiff BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For:
RJM Land Company, LLC, C/O Whiting Oil and Gas Corporation—USR15-0021
DEPARTMENT: Public Works DATE: 1/9/2016 RECEIVED
PERSON REQUESTING: Rich Hastings JAN 1 1 2016
WELD COUNTY
Brief description of the issue: COMMISSIONERS
The Department of Public Works received a request from the applicant, Dusty Tucker/Whiting Petroleum Corporation,
requesting that the Board of County Commissioners consider approving the Improvements Agreement for the Mineral
Resource Development Facility, (USR15-0021), located near CR's 133 & 116, north of the town of New Raymer.
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. Revisions to Part 2 of the Agreement were made, and approved by Bob
Choate/Assistant County Attorney.
The Department of Public Works received a request from the applicant, Dusty Tucker/Whiting Petroleum Corporation,
requesting that the Board of County Commissioners consider accepting off-site collateral in the form of a Performance
Bond(RLI Insurance Company) in the amount of$2,400.00, 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 Department's 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 (USR15-0021), 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:
Mike Freeman,Chair C �fYlc
Sean P.Conway, Pro-Tern
Julie A. Cozad
Barbara Kirkmeyer •
Steve Moreno
l
U.\Engineering\PLANNING—DEVELOPMENT REVIEW\-2015 Planning Referrals\ORRIS\USR15-0021 Miffing-Horsetail\Improvements Agreement\USR15-0021 Passaround-BOCC Hearing Request 2016 docx
2016-0407
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IMPROVEMENTS &ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
RJM Land Company, LLC, C/O Whiting Oil and Gas Corporation—USR15-0021
THIS AGREEMENT is made this 1 day of De.a@m1: 201S, by and between RJM
Land Company, LLC, hereinafter referred to as "Property Owner," Whiting Oil and Gas
Corporation, 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 USR15-0021, 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 USR15-0021, the Lessee agrees to complete the
improvements required by this Agreement, pursuant to Exhibit A (Costs), Exhibit B (Schedule),
Exhibit C (Plat Map) and Exhibit D (Construction Plans), which are each incorporated herein, and
WHEREAS, the parties agree that the Lessee shall provide collateral for all off-site
improvements required by this Agreement before the Lessee submits and receives approval of an
application for a Grading Permit, Building Permit or for a Right-Of-Way Permit for construction of
accesses and work within the County and/or State of Colorado Right-Of-Way, or at a time
determined acceptable by the Board of County Commissioners.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
Part 1 (of 2): Site Specific Provisions
A. Required Off-Site Improvements:
1.0 Weld County Roads: The Lessee shall be responsible for the construction and maintenance
of the following off-site safety improvements, as described in the accepted Exhibit C (Plat Map)
and/or Construction Plans (Exhibit D):
1.1 Construction of adequate turning radii sixty (60) feet at the main entrances and exits
which extend partially into CR's 116 & 133 right-of-way (ROW); For the purposes of this
Agreement, the "facility access", the "main entrance", and the "facility entrance" shall mean
the intersection at which CR 116 and CR 133 meet.
1.2 Drainage installations;
1.3 Signage Installations;
1.4 Standard County approved tracking control, placed across the entire width of the
roadway, to ensure a complete revolution of the truck tires in order to minimize the tracking
of mud and debris onto the adjacent County Road;
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Carly Koppes, Clerk and Recorder, Weld County, CO
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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's 116 & 133 for further dispersal. Any County roads routinely utilized by USR
haul traffic may become part of the established haul routes.
1.2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
1.3 In unusual or rare occasions, if particular projects mandate deviation from the above-
mentioned haul route, the County may approve a deviation for a limited period of time
(not more than thirty days). If County approves such deviation, haul vehicles will utilize
paved county roads whenever possible. A deviation from the established Haul route
lasting more than thirty (30) days or requests for two or more deviations within a twelve
month period shall be subject to the terms of Section B.4.0. In the event that haul route
traffic, in excess of 15% of the daily facility haul vehicle trips, utilizes alternate haul
routes, the provisions of Section 4.0 of this Section B shall be triggered.
2.0 No Deviation from Approved Haul Routes: Except under the provisions provided in Section
B.1.3, no deviation in the use of any roads other than those specifically authorized for use in this
Agreement is permitted without the prior written amendment of this Agreement.
3.0 Haul Route Signage(If Applicable): Lessee shall install haul route signs, as per MUTCD
standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility
and which clearly depict County approved haul routes.
4.0 Effect of Future Changes to Haul Routes: Any future changes to haul routes requiring use
of unpaved County road may require dust control or paving of such roads, as defined by an
amended agreement. In such circumstance, County will determine the proportionate share of dust
control and/or paving costs to be paid by Lessee based upon then current vehicle trip counts that
identify traffic loading due to Lessee's facility. The amount and extent of dust control and/or paving
measures will be determined by site-specific conditions at the time, as determined exclusively by
County personnel.
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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
concurrently notify County of the extent, type, timing, materials and quality of repair
(i.e. temporary versus permanent).
6.2 Repair of Road: On or before December 31 of the calendar year in which County staff
has determined through site analysis and/or pavement testing that a particular haul route
road portion will require paving measures in order to protect the public health, safety,
and welfare, and has budgeted sufficient funds for the following calendar year to pay its
share of the Off-Site Improvement/Repair Costs, County shall notify Lessee in writing
that the Off-Site Improvements/Repairs shall be undertaken. Within ninety (90) days of
its receipt of County's notice of the need to undertake the road maintenance repairs
and/or improvements, Lessee shall submit Off-Site Construction Plans and Cost
Estimates to County for review. Lessee shall have sole responsibility for the completion
of the repairs and/or improvements on or before December 15 of the year following
County's notice of the need for repairs.
6.3 In County's sole discretion, County may undertake the repairs and/or improvements.
Lessee's payment for its Proportionate Share of the road repairs/improvements will be
calculated as described in this Agreement.
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Carly Koppes, Clerk and Recorder; Weld County; Co
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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.
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's 116 & 133 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
9.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road
damage increases beyond the point that repair of damage cannot maintain the road in a safe and
usable condition, Lessee shall pay a proportionate cost of a complete road restoration. Notification
to the Lessee of the required roadway replacements will be given as soon as the data becomes
available and typically takes place before the end of the year prior to the start of the replacement
project.
10.0 Proportionate Share of Road Maintenance Responsibilities:
10.1 Lessee shall pay its Proportionate Share of costs of dust control/abatement, paving,
repairs, maintenance, improvements, or future road replacement of any particular Haul
Route Road. Lessee's Proportionate Share shall be based upon the percentage of traffic
on the road that is attributable to Lessee's facility. County personnel will determine the
percentage based on then current Equivalent Single Axle Load (ESAL) Counts. Lessee
shall not be responsible for traffic that is not sourced from the Lessee's facility.
10.2 The County shall notify Lessee of County's preliminary determination and assessment of
Lessee's proportionate share of costs. Prior to County's final determination and
assessment, County shall provide Lessee with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and
determinations. The County shall review and consider Lessee's input prior to making a
final determination and assessment. The County shall have sole responsibility for
determination of Lessee's proportionate share of costs.
11. Road Maintenance Collateral: Lessee shall post Road Maintenance Collateral as described
by Part 2 of this Agreement.
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Bill
•
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"
U:\Engineering\PLANNING-DEVELOPMENT REVIEW\-2015 Planning Referrals\USR15\USR15-0021 Whiting-Horsetail\Improvements
Agreement\Whiting-RJM Land(USR15-0021)-Part 1 Final IA(12-10-15).docx
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IMPROV
EMENTS &ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
RJM Land Company, LLC, C/O Whiting Oil and Gas Corporation —USR15-0021
Part 2: General Provisions
A. General Requirements:
1.0 Engineering Services: Lessee shall furnish, at its own expense, all engineering services in
connection with the design and construction of the improvements identified on the accepted
Construction Plans according to the construction schedule set forth in Exhibit"B,"both of which
are attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles, estimates, construction supervision, and the submission of
necessary documents to the County.
1.3 Lessee shall furnish construction drawings for the road improvements on public
rights-of-way or easements and all improvements interior on the Property for
approval prior to the letting of any construction contract.
1.4 Construction Standards: All improvements shall conform to the "Standard
Specifications for Road and Bridge Construction"provided by CDOT.
2.0 Rights-of-way and Dedication of Right-of-Way: If necessary, Lessee agrees to acquire
any property interests, such as right-of-way, utility or access easements, necessary to complete
any improvements required by this Agreement. Any rights-of-way to be dedicated to the County
shall be conveyed by appropriate deed and, after acceptance by the County, recorded in the
records of the Weld Count Clerk and Recorder.
3.0 Construction: Lessee shall furnish and install, at its own expense, the improvements
identified on the accepted Construction Plans and Plat Map, be solely responsible for all
associated costs. All improvements must be completed in accordance with the schedule set forth
in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of
time upon application by the Lessee.
3.1 Said construction shall be in strict conformance to the plans and drawings accepted
by the County and the specifications adopted by the County.
3.2 Lessee shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction; and shall
furnish copies of test results to the County. If County discovers inconsistencies in the
testing results, Lessee shall employ at its expense a third party qualified testing
company approved by County. Such third party shall furnish the certified results of all
such testing to the County.
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MAR tI II I
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.
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.
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6.0 Warranty Period: Lessee agrees to warrant the improvements for two years from the date
the improvements are accepted by the County. Upon completion of the two-year warranty period
and at the request of the Lessee, the County Engineer shall inspect the improvements and direct
the Lessee to correct any deficiencies. The County Engineer shall re-inspect after all corrections
have been completed. If the County Engineer finds that the improvements are constructed
according to County standards and the accepted Construction Plans, he/she shall recommend full
acceptance. Upon receipt of the County Engineer's unqualified recommendation for acceptance,
the BOCC shall accept the improvements.
7.0 General Requirements for Collateral: County requires Lessee to provide collateral to
guaranty all of Lessee's obligations under this Agreement: (1) Project Collateral for completion
of off-site improvements described in this Agreement; (2) Warranty Collateral required for all
improvements during the warranty phase; and(3) Road Maintenance Collateral (If Applicable)to
be kept in place for the life of the permit.
7.1 Project Collateral—Lessee shall submit Project Collateral in a form accepted by Weld
County to guarantee completion of any off-site improvements. Such collateral must
be equivalent to One-Hundred Percent (100%) of the value of the improvements as
shown in this Agreement. This collateral must be submitted to County upon the
execution of this Agreement, or at a time determined acceptable by the BOCC, and
shall be held in total by County until such improvements are accepted and collateral is
released by the BOCC.
7.2 Warranty Collateral for all off-site improvements shall be submitted to County and
shall be held in total by the County for two (2) years following its written acceptance
of the improvement(s).
7.3 If required by Part 1 of this Agreement, Road Maintenance Collateral shall be
submitted to County at the time of approval of this Agreement. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
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.
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2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the
earliest of the following events:
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur
upon Lessee's complete cessation of all activities permitted by the USR. A partial
cessation of activities shall not constitute a Termination of this Agreement, nor shall
County's issuance of a partial release constitute a Termination. Unless informed in
writing by the Lessee of cessation of activities, and verified by the County, cessation
shall be presumed if the County determines that the USR has been inactive for three
(3) years. Lessee shall not be entitled to a release of Project or Warranty Collateral
unless and until the improvements required by this Agreement are completed.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new Lessee or
Operator who has purchased the Property or has assumed the operation of the
business permitted by the USR, and intends to make use of the rights and privileges
available to it through the then existing USR.
2.3 Revocation of USR: This Agreement shall terminate following County's revocation
of Lessee's USR, except that the Lessee shall only be released from this Agreement
after the successful completion of all improvements required under this Agreement,
which may be completed by County after accessing Lessee's collateral if Lessee fails
to complete such improvements.
3.0 Revocation of USR: Lessee acknowledges that failure to comply with the terms of this
Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole
discretion by proceeding with revocation under the then current provisions of the Weld County
Code.
4.0 County Completion of Improvements/Accessing Collateral: County reserves the right to
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.
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1.3 All references to "Lessee" shall include any individual or entity, including an
"Operator",who is acts on behalf of the Lessee regarding this Agreement.
2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in
whole or in part by Lessee without the express written consent of County and the written
agreement of the party to whom the obligations under this Agreement are assigned. Lessee's
release of its obligations shall be accomplished by County's execution of a new Improvements
Agreement with the successor owner of the property. Consent to a delegation or an assignment
will not be unreasonably withheld by County. PROPERTY OWNER SHALL BE RELEASED
FROM ALL OBLIGATIONS UNDER THIS AGREEMENT UPON THE EXPRESS
WRITTEN ASSIGNMENT OF THIS AGREEMENT TO, AND ACCEPTANCE BY, A
PURCHASER OF THE PROPERTY. SUCH ASSIGNMENT SHALL NOT REQUIRE THE
CONSENT OF THE COUNTY. County's rights and obligations under this Agreement shall
automatically be delegated, transferred or assigned to any municipality which, by and through
annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads
affected by this Agreement. All of the terms and conditions set forth in this Agreement shall be
binding upon the heirs, executors,personal representatives, successors and assigns of Lessee, and
upon recording by the County, shall be deemed a covenant running with the land herein
described.
3.0 Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
4.0 No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever by any other person
or entity not included in this Agreement. It is the express intention of the undersigned parties that
any person or entity, other than the undersigned parties, receiving services or benefits under this
Agreement 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
Page 10 of 12
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Carly Koppes, Clerk and Recorder. Weld County, CO
1111 FAT Ell: 11111
said dispute.
8.0 Severability: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed
and enforced without such provision, to the extent that this Agreement is then capable of
execution within the original intent of the parties.
9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract
Professional, concerning this Agreement, the parties agree that each party shall be responsible
for the payment of attorney fees and/or legal costs incurred by or on its own behalf.
10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
11.0 Authority to Sign: Each person signing this Agreement, and associated Exhibits,
represents and warrants that he or she is duly authorized and has legal capacity to execute and
deliver this Agreement. Each party represents and warrants to the other that the execution and
delivery of the Agreement and the performance of such party's obligations hereunder have been
duly authorized and that the Agreement is a valid and legal agreement binding on such party and
enforceable in accordance with its terms. If requested by the County, Lessee shall provide the
County with proof of Lessee's authority to enter into this Agreement within five (5) days of
receiving such request.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY OWNERS:
SIGNATURE t3
PRINTED NAME 7-Apish s f?irk y
TITLE(If Applicable) w1" x'•7 in 4.2 J a L. LC-
STATE OF COLORADO frmonQ )
T ) ss.
County of Weld 4111.K Op )
The foregoing instrument was acknowledged before me this \ day of Deadr nbQ1
2015, by — r o ngs -'1ext2.OS
WITNESS my hand and official seal.
•t, Stephanie WNmarlt Notary Public
Notary Public
Cochbe County,Arita
*'"I My Comm Expires 06-01.18
°'¢e 11 of 12
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Carly Koppes, Clerk and Recorder, Weld County; Co
1111FAISlV IOW VIA if ArifdriGlli 111111
LESSEE (If Applicable):
SIGNATURE
PRINTED NAME Dav M. Seery
Vice R esident - Land
TITLE
STATE OF COLORADO )
ss.
County of Weld DE.u`/EIE- )
The foregoing instrument was acknowledged before me this /5Tlday of pc
2015,by DAVID M. SF 2y
WITNESS my hand and official seal.
JOHN VAN ACKEREN N ary P �lic
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20154006899
my COMMIS o'mom FEBRUARY 182019
ATTEST: drodeti BOARD OF COUNTY COMMISSIONERS
Weld C t Clerk to the B e and WELD COUNTY, COLORADO
d � n
BY: 4 - I , Y�a
Deputy Cle� to the Boa Mike Freeman, Chair JAN 2 7 2016
AP ROVED S TO FO �`— APPROVED AS SUB ANCE:
County Attorney ; ,,, E R • r 'al or Department Head
a'►+w+ry
U:\Engineering\PLANNING — DEVELOPMENT REVIEW\-2015 Planning Referrals\USR15\USR15-0021 Whiting-Horsetail\Improvements
Agreement\Whiting-REM Land(USR15-0021)-Part 2 Final IA(12-10-15).docx
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e1 � /4
Carly Koppes, Clerk and Recorder: Weld County, CO
■Ill !Vile MU WINK Li Ill III
�/ EXHIBIT A- Cost Sheet (OFF-SITE)
Name of Facility: llO c%// /9A/-5&0 Filing/Case#: ti-S4 /�—(.2O Q,/ Location: C/ lit ¢c'
Personnel Contact:Name 6 ti cr 7 ejek Title: R0L /44 3j Phone: 3°-3
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements
Improvements (OFF-SITE)
(Leave spaces blank where they do not apply)
Ouantitv Units Unit Costs(5) Estimated Construction
Cost(S)
J.PUBLIC WORKSJ,
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 MeasuresBMP's
Road Maint.Collateral(per Sec.E.-7.5) r?-,9OJ,ca-,
Dust Control(per Sec.E.-7.5.2)
Fire Hydrants
Survey,Street Monuments/Boxes
IPLANNING SERVICESJ,
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
SUB-TOTAL: D ai yam _7o
(Testing,inspection,as-built plans and work in adcition to preliminary and ,4�
Engineering and Supervision Costs($) fmalplat;supervision of actual construction by contractors)
- '"— --- AND SUPERVISION ($)
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Carly Koppes: Clerk and Recorder, Weld County, CO
�l��.E'1' a liana
•
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 1 be completed according to the construction schedule set out in Exhibit B
By:
Applicant
A3 ti /'�Gh�ge Date ✓4h4G. ,20 AC
Title
By:
Applicant
Date ,20
Title
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Carly Koppes, Clerk and Recorder, Weld Couny, CO
VIII����l1:�411r;tiF��MO ���Ei+�'�u�:,IJ�1i����1�4:W��,�� all
EXHIBIT B-Time/Schedule(ON-SITE) &(OFF-SITE)
Name of Subdivision,PUD,USR,RE,SPR: IQ�rf Z.,e," Filing/Case#:(LS,t/5-9.-).-/ Location:11TI //64 Ck43
7
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within 3 years from the date of approval of the final plat.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do not apply)
(ON-SITES (OFE SITEI
).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
Erosion Control Measures/BMP's
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
Septic Systems
Final Completion Date for Entire Project I n p
/V�/I
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Carly Koppel, Clerk and Recorder, Weld County. CO
■����i���1 �k'�;l �l�h,r l�'�������i�ti?����E'Ai 111111
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:
App icant
/ O Iii Rap:%-pe,,...- Date ,20 /i
Title
By:
Applicant
Date ,20
Title
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Carly Koppes. Clerk and Recorder, Weld County, Co
+M�� 1K'ad 11111
O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx
v.
COPY
Bond No. RLB0016310
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that Whiting Oil and Gas
Corporation, 1700 Broadway, Suite 2300, Denver, CO 80290 a corporation,
organized under the laws of the State of Colorado, with its principal
office located at 1700 Broadway, Suite 2300, Denver, CO 80290,
hereinafter called "Principal", and RLI Insurance Company, 8 Greenway
Plaza, Suite 400, Houston, TX 77046, hereinafter called "Surety" are
,held and firmly bound unto Board of County Commissioners of Weld
County, Colorado, on behalf of Weld County, Colorado, hereinafter
called "Obligee" in the full and penal sum of Two Thousand Four Hundred
and No/100 Dollars ($2,400.00) , lawful money of the United States for
the payment of which well and truly made, we bind ourselves, our heirs,
administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the above-bound Principal has obtained or is about to
obtain from the Obligee a land use permit, namely (insert the specific
permit and number - USR, SPR etc)USR15-0021, and pursuant to the
requirements of said permit, has entered into an Improvements
Agreement, dated /y/t(/c , with Obligee, and
WHEREAS, The Improvements Agreement requires Principal to obtain
a performance bond in an amount equal to the total cost of the
improvements for which Principal is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of improvements for which Principal is
responsible equals Two Thousand Four Hundred and No/100 Dollars,
($2,400.00) , and
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and faithfully perform its duties, and all
of its undertakings, covenants, terms, and conditions as set forth in
the Improvements Agreement, and if Principal shall satisfy all claims
and demands set forth in said agreement, and shall fully indemnify and
save harmless Obilgee from all costs and damages which it may suffer by
reason of Principal's failure to perform as agreed, and shall reimburse
and repay Obligee all outlay and expense which Obligee may incur in
making good any default, then this obligation shall be null and void;
PROVIDED FURTHER, that if Principal shall default in any of its
obligations set forth in the Improvements Agreement, and thereafter
fail to fully indemnify and save harmless Obilgee from all costs and
damages which it may suffer by reason of said default, this obligation
shall remain in full force and effect;
PROVIDED FURTHER, regardless of the number of years this Bond is in force, or
the number of continuation certificates issued, the liability of the Surety
shall not be cumulative in amounts from period to period and shall in no event
exceed the amount set forth above, or as amended by rider;
PROVIDED FURTHER, that Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Improvements Agreement to the work to be performed
thereunder, shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Improvements Agreement.
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew
annually automatically, from the date of this bond until its release by
Obligee, to guarantee that Principal shall well, truly and faithfully
perform its duties, and all of the undertakings, covenants, terms, and
conditions set forth in the Improvements Agreement, and any extensions
thereof which may be granted by Obligee with or without notice to
Surety.
The parties to this Performance Bond acknowledge that through the
Improvements Agreement, Obligee reserves the right to require Principal
to obtain a different Performance Bond from a financial institution
other than Surety in the event that the rating of Surety by AM Best
falls below a B+ rating.
IN WITNESS WHEREOF, this instrument is executed in four (4)
counterparts, each one of which shall be deemed an original, this 7th
day of December , 2015.
Whitin Oil and Gas Cor oration
Principal
By:
Principal Secretary/Witness Titl
Da M. Seery
Vice esident - Land. ,
(SEAL) ‘,1
RLI Insurance Company
`' 2 1T
V�9`�� By: 1,
Witness as Surety, Nancy Cruz Jaso . Kilpatric Attar F <
dam) J �
8 Greenway Plaza, Suite 400 8 Greenway Plaza, Suite - ,0 ''
Address Address
f,�fCryttg.}11Nyi11��
Houston, TX 77046 Houston, TX 77046
Address Address
IMPORTANT: Surety company executing bond must appear on the Treasury
Department's most current list (Circular 570 as amended) and be
authorized to transact business in the State of Colorado.
Bond must be accompanied with Attorney-in Fact' s authority from the
surety company certified to include the date of the bond.
RLI.
RLB0016310
RLI Su
A division of f RU Insurance Comparry POWER OF ATTORNEY
RLI Insurance Company
Know All Men by These Presents:
That the RLI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed
to do business in all states and the District of Columbia does hereby make, constitute and appoint: JASON T.KILPATRICK
in the City of HOUSTON , State of TEXAS , as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign,
execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit:
$2,400.00
Indemnity,Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law
or equity;policies indemnifying employers against loss or damage caused by the misconduct of their employees;official, bail and
surety and fidelity bonds. Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to
execute consents and waivers to modify or change or extend any bond or document executed for this Company,and to compromise
and settle any and all claims or demands made or existing against said Company.
The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of a Resolution adopted by the Board of
Directors of RLI Insurance Company, and now in force to-wit:
"All bonds, policies, undertakings,Powers of Attorney, or other obligations of the corporation shall be executed in the corporate
name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers
as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary,or the Treasurer may
appoint Attorneys-in-Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers-of-Attorney, or other obligations of
the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its PRESIDENT with its
corporate seal affixed this
``ottttttnrrrrrr sX07 •,f,,
` r'
ATTEST: 'G AP�R,q/,'.'17y RLI INSURANCE CCQI,)PPNY 1 .... '.
G
SEAL - �� '' =
0 CORPORATE SECRETARY J, i
PRESIDENT ;)- 1'
State of Illinois ) �,,,� '• •. ``�,,�` i7 ,,,:.,1-:.
1 ,�N����
: ntttl;
County of Peoria )) SS '''''��`'t ni t i `,- ```` ,�,
On this 7th day of December 2015 before me, a Notary Public, personally appeared Michael J. Stone and Jean M. Stephenson, who being by me
duly sworn, acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said RLI INSURANCE
COMPANY,and acknowledged said instrument to be the voluntary act and deed of said corporation.
Notary Public �Y� • "OFFICIAL SEAL"
NOTARY @
PUBLIC , JACQUELINE M. BOCKLER
STATE OF
ILLINOIS
COMMISSION EXPIRES 01/14/18
SPA028(03/11)
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