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HomeMy WebLinkAbout20163738.tiffRESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR, USE BY SPECIAL REVIEW PERMIT, USR15-0027 - HIGH RAIL HOLDINGS, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA MATERIALS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on August 12, 2015, the Weld County Board of Commissioners approved an Amendment to a Site Specific Development Plan and Use by Special Review Permit, USR15-0027, (formerly known as USR-1584), for Weld LV, LLC, 3821 Derby Trail, Round Rock, TX 78681, and Gerrard Investments, LLC, 27486 CR 13, Loveland, CO 80534, c/o Martin Marietta, 10170 Church Ranch Way, Suite 201, Westminster, CO 80021, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business with two shop/ buildings, office buildings, and outdoor storage) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions to include a Mineral Resource Development Facility, including asphalt and concrete batch plants (materials processing) and transloading in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RE -2803; being part of the SW1/4 and SE1/4, and a tract being part of the SW1/4, all in Section 18, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on October 3, 2016, the Weld County Commissioners approved an Amended Resolution to include more complete Findings of Fact supporting the Board's decision on August 12, 2015, for the purpose of complying with the Court's Order of Remand in the case of Motherlove Herbal Company, et al, v. The Board of County Commissioners of Weld County, et al, Case No. 2015 CV 30776, and WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Off -site Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and High Rail Holdings, LLC, and Gerrard Investments, LLC, c/o Martin Marietta Materials, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Performance Bond #016070497 from Liberty Mutual Insurance Company, in the amount of $5,803,977.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Performance Bond, as stated above, copies of which are attached hereto and incorporated herein by reference. 'Pu)pal, 9,w-/7 2016-3738 PL2360 IMPROVEMENTS AGREEMENT - HIGH RAIL HOLDINGS, LLC, AND GERRARD INVESTMENTS, LLC, CIO MARTIN MARIETTA MATERIALS, INC. PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Off -site Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and High Rail Holdings, LLC, and Gerrard Investments, LLC, c/o Martin Marietta Materials, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED that Performance Bond #016070497 from Liberty Mutual Insurance Company, in the amount of $5,803,977.00, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dsedev • eido;g1 Mike Freeman, Chai r Chair Weld County Clerk to the Board BY: RL puty Clerk to the Board Ju ie A. Cozad APP: e - D _si!i*'%M r .i XCUSED Steve Moreno ounty Attorney Date of signature: la 10`x$! Sean P. Conway, Pro-Tem rbara Kirkmeyer 2016-3738 PL2360 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For: High Rail Holdings LLC, & Gerrard Investments LLC C/O Martin Marietta Materials Inc. — USR15-0027 RECEIVED DEPARTMENT: Public Works DATE: 11/8/2016 PERSON REQUESTING: Evan Pinkham Brief description of the issue: The Department of Public Works received a request from the applicant, Martin Marietta Materials, Inc., requesting that the Board of County Commissioners consider approving the Improvements Agreement for the asphalt and concrete batch plant facility, (USR15-0027), located on CR 13 south of State Highway 34. NOV 2 9 2016 WELD. COUNTY COMMISSIONERS 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, Martin Marietta Materials, Inc., requesting that the Board of County Commissioners consider accepting off -site collateral in the form of a Performance Bond from Liberty Mutual Surety in the amount of $5,803,977.00, 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 (USR 15-0027), and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Mike Freeman, Chair Sean P. Conway, Pro -Tern Julie A. Cozad Barbara Kirkmeyer Steve Moreno Approve Schedule as Regular Recommendation BOCC Hearing Item Other/Comments: O- BOCC PassAroundl USR(5-0027 Passaround-ROCC Hearing Request 2016(d/_docx 2016-3738 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Powdr of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7137453 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Byron Creech; Kriety W. Kretzschmar; Rebeca L. Gomez Parras; Todd Crump N r CO ▪ `m e O a.A _ • 7 .13 C"N O a- a O 0 c r�tf rr 1v N co L E ▪ w W. • L • > d Zc� as all of the city of Raleigh , state of NC each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of October 2015 By: STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 12th day of October 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 +07• q 3' Member, Pennsylvania Association of Notaries iy 14 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company David M. Care ;Assistant Secretary By: U� 'a% & Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to id by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this &&'' day of , 20 i& . By: Gregory W. Davenport, Assistant Secretary LMS_12873_122013 296 of 300 Liberty Mutual Surety 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 PERFORMANCE BOND Bond 016070497 KNOW ALL BY THESE PRESENTS, That we, Martin Marietta Materials, Inc. 1800 N Taft Hill Road , Fort Collins, CO 80521 (hereinafter called the Principal), as Principal, and Liberty Mutual Insurance Company , a corporation duly organized under the laws of the State of Massachusetts (hereinafter called the Surety), as Surety, are held and firmly bound unto Weld County 1555 N 17th Ave, Greeley, Colorado 80631. Tel: (970) 353-6100 , (hereinafter called the Obligee), in the sum of Five Million Eight Hundred Three Thousand Nine Hundred Seventy-seven Dollars And Zero Cents ($ 5,803,977.00 ) Dollars, for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this 26th day of September , 2016 WHEREAS. said Principal has entered into a written Contract with said Obligee, dated September 26, 2016 for completion of road improvements and road maintenance of Highway 34 Development in Johnstown - USR15-0027. in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein: NOW, THEREFORE, THE CONDITION OF TI-IIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced within two (2) years following the date on which Principal ceased work on said Contract. Martin Marietta Materials, Inc. 1800 N Taft Hill Road , Fort Collins, CO 80521 4_---- Principal By Byron reech, Vice President and Treasurer Liberty,, Mutual Insurance Company By - co., I —J Rebeca L. Gomez Porr Attorney -in -Fact S-0757/LM 10/99 XDP When Recorded Return To: IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS High Rail Holdings LLC, & Gerrard Investments LLC C/O Martin Marietta Materials, Inc. — USR15-0027 THIS IMPROVE ENTS ROAD MAINTENANCE AGREEMENT ("Agreement") is made this JaZ� day of 2011p, by and between, High Rail Holdings LLC, & Gerrard Investments LLC, hereinafter referred to as "Property Owner," Martin Marietta Materials, Inc., hereinafter called "Lessee," and the County of Weld, by and through its Board of County Commissioners ("BOCC"), hereinafter referred to as "County." WFINESSETH: WHEREAS, Property Owner is the owner of the property described in the application to Use by Special Review USR15-0027, 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 ("COA") of USR15-0027, the Property Owner and Lessee agree to complete the improvements required by this Agreement pursuant to: (i) Exhibit A (Costs) (ii) Exhibit B (Schedule), (iii) Exhibit C (Conceptual USR Map), (iv) Exhibit D (Conceptual Accepted Right of Way Permit including Construction Plans) and (v) Exhibit E (On -Site Improvements), copies of which are attached to this Agreement and incorporated and made a part hereof The Conceptual Accepted Construction Plans are attached as Exhibit D to this Agreement, although the entire set of Final Accepted Construction Plans will be Exhibit D for purposes of this Agreement. The Final USR Map, found at Reception No. 4333463 with the County Clerk and Recorder, and the Final Accepted Construction Plans on file with County Public Works, are incorporated into this Agreement as supplements to Exhibits C and D. Both the Conceptual Accepted Construction Plans and Final Accepted Construction Plans shall be referred to as "Construction Plans." Similarly, both the Conceptual USR Map, and the Final USR Map shall be referred to as the "USR Map." WHEREAS, the parties agree that the Property Owner and Lessee shall provide collateral for all off -site improvements required by this Agreement before the Property Owner and Lessee submit and receive approval of an application for a 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 Page 1 of 15 4335536 Pages: 1 of 106 Carly oppe 04:42 PM and Reo rrde , Weld County, CO Carly Koppes, VIII �,II��4gifirii "III A. Required Off -Site Improvements: Additional Off -Site Improvements not enumerated in this Section A., may become part of this Agreement, after written notice to the Property Owner and Lessee by the County, pending final review by the County of the "Rail Pros" Railroad Diagnostics performed on 10/8/15 at associated railroad crossings for USR15-0027. This may include improvements to crossings mentioned in COA 1.C. of the Board of County Commissioners' Resolution approving USR 15-0027. 1.0 Weld County and State Highway Roadways: The Property Owner and Lessee shall be responsible for the construction and maintenance of the following off -site safety improvements, as described in the accepted Exhibit C (USR 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 13 right-of-way, (ROW); along with the following; 1. Installation of a southbound left deceleration lane at the Property Owner and Lessee's facility entrance. 2. Installation of a northbound right acceleration lane at the Property Owner and Lessee's facility entrance. 3. Installation of a northbound right deceleration lane at the Property Owner and Lessee's facility entrance. 4. Installation of a traffic signal at the intersection of CR 13 and U.S. Highway 34. 5. Upgrade of the existing auxiliary turn lanes on U.S. Highway 34. The turn lanes will be brought up to current CDOT standard for length, taper, and storage, unless waived by CDOT. 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; 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: Property Owner and Lessee are 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, Property Owner and Lessee shall commence the aforementioned off -site improvements and on -site improvements listed on Exhibit E upon the occurrence of the triggering event for each improvement, namely the application for the Building Permit (for on -site improvements) or Right -Of -Way access permit (for off -site Page 2 of 15 4335536 Pages: 2 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 niTriklitrhil:KVIikiiV'riit t 1'1'110'11U BIM M improvements excluding railroad crossing improvements) and shall complete the aforementioned improvements prior to the commencement of external sales activities on the Property (except for those on -site improvements anticipated to be completed by the end of 2017 pursuant to Section C.3). The timing of required improvements will be in accordance to this agreement and the attached exhibits, including Exhibit B. 4.0 Railroad Improvements: Union Pacific applied for a railroad diagnostic for the crossings of CR 13, CR 54, CR 52, and CR 17 which determined improvements may be needed with the increase of Property Owner and Lessee's train traffic at these locations that would require the installation of crossing arms or signals. If any improvements are required at any of these locations as a direct result of the additional trains visiting the Property Owner and Lessee's facility (USR15-0027), Property Owner and Lessee will be responsible for the County's portion of improvement costs for the following crossings: a. CR 17 Union Pacific Crossing south of US 34 b. CR 13 Great Western Crossing south of US 34 c. CR 13 Union Pacific Crossings south of US 34 d. US 34 Great Western Crossing east of CR 13 The crossings for the Union Pacific crossing on CR 17 and CR 13 are to be re-evaluated to determine when improvements to the crossings are required because of train traffic visiting Property Owner and Lessee's facility. a. CR 13 Union Pacific Crossing south of US 34 a year after Property Owner and Lessee's facility is operational or January 1, 2018, whichever comes first. If no improvements are required at that time, the intersection will continue to be evaluated for potential required improvements on an annual basis. b. CR 17 Union Pacific Crossing south of US 34 two years after Property Owner and Lessee's facility is operational or January 1, 2018, whichever comes first. If no improvements are required at that time, the intersection will continue to be evaluated for potential required improvements on an annual basis. B. Haul/Travel Routes 1.0 Established Haul Routes from the Property Owner and Lessee's facility access point: 1.1 Haul vehicles shall enter or exit Property Owner and Lessee's facility at the County approved access onto CR 13 and then shall disperse north to U.S. Highway 34 and south to CR 54 (the "Haul Routes"). Any County road routinely utilized by Property Owner and Lessee's 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 Haul Routes, 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 Routes lasting more than thirty (30) days or requests for two or more deviations within a twelve month period shall be subject to the terms of Section B.4.0. In the event that Haul Route traffic in excess of 15% of the daily facility haul vehicle trips utilizes alternate haul routes, the provisions of Section 4.0 of this Page 3 of 15 4335536 Pages: 3 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO NOINK iMinh 1I 111 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 Haul Routes specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 3.0 Haul Route Signage(If Applicable): Property Owner and 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 Property Owner and Lessee's facility and which clearly identify the County approved Haul Routes. 4.0 Effect of Future Changes to Haul Routes: Any future changes to Haul Routes requiring use of unpaved County roads may require dust control or paving of such roads, as defined by an amendment to this Agreement. In such circumstance, County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner and Lessee based upon then current vehicle trip counts that identify traffic loading due to Property Owner and Lessee's facility ("Proportionate Share"). 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. 5.0 Off -Site Dust Control/Abatement: The Property Owner and Lessee are required to provide dust abatement along affected Haul Routes 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 Property Owner and 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 Property Owner and Lessee's facility. For purposes of dust abatement, the County will have sole responsibility for determination of the percentage of haul route traffic on all affected roads, pursuant to Section 10, Part 1 of this Agreement. 6.0 Obligation to Maintain Current and Future Haul Routes: Property Owner and Lessee will be financially responsible for the excavation, repair, and patching of any damage on current or future Haul Route roads, which in the reasonable opinion of County has been created by vehicle traffic to and from the Property. Should Property Owner and 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 Property Owner and Lessee's sourced traffic no longer utilizes the Haul Routes and instead utilizes other portions of County roads, Property Owner and 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 in their reasonable discretion. 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 the County's written notice. 6.1 Need for Immediate Repairs: In the event of damage to a Haul Route by Property Owner and Lessee's facility traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner and Lessee of such Significant Damage. Property Owner and 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 Page 4 of 15 433536 Pages: 4 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iv MrdWf fiWIFINIM': N IIKIIIVNl,1%lti 11 II (48) hour period, County shall have the right to draw on the Road Maintenance Collateral and use such funds to perform such repair. If Property Owner and Lessee identifies Significant Damage prior to receiving notice thereof from County, Property Owner and 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 reasonably 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 ("Off -Site Improvement/Repair"), and has budgeted sufficient funds for the following calendar year to pay its Proportionate Share of the Off -Site Improvement/Repair costs, County shall notify Property Owner and Lessee in writing that the Off -Site Improvements/Repair shall be undertaken and shall provide information, within the County's discretion, regarding the County's site analysis and pavement testing in order for Property Owner and Lessee to prepare plans. Within ninety (90) days of its receipt of County's notice of the need to undertake the Off -Site Improvement/Repair and sufficient site analysis information, Property Owner and Lessee shall, based on conferral with the County, either (i) submit Off -Site Construction Plans and Cost Estimates to County for review; or (ii) submit funds for Property Owner and Lessee's Proportionate Share of the Off -Site Improvement/Repair which the County will complete. If Property Owner and Lessee are responsible for the construction of the Off -Site Improvement/Repair, Property Owner and Lessee, as well as any other party responsible for maintenance of the road, shall have sole responsibility for the completion of the Off - Site Improvement/Repair on or before December 15 of the year following County's notice of the need for Off -Site Improvement/Repair. If the County is responsible for a Proportionate Share of the Off -Site Improvement/Repair, upon the County's acceptance of the completed Off -Site Improvement/Repair, the County shall pay Property Owner and Lessee, as applicable, its Proportionate Share. 6.3 In County's sole discretion, County may undertake the Off -Site Improvement/Repair. Property Owner and Lessee's payment for its Proportionate Share of the Off -Site Improvement/Repair will be calculated as described in Section 10, Part 1 of this Agreement. 7.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and 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 reasonable discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner and Lessee of the required Off -Site Improvement/Repair will be given pursuant to Section 6.2 of this Agreement. 8.0 Future Improvements to Haul Routes: If traffic volume or conditions attributable to Property Owner and Lessee's facility require future improvements to be made to the Haul Routes, including intersections, the County may require Property Owner and 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. Page 5 of 15 1335536 Pages: 5 of 106 9/14/2017 04:42 PM R Fee:$0.00 arly Koppes, Clerk and Recorder, Weld County, CO IIII IUrJP G IIEr IOill'A 4i'rti IilM«1iGiniY k "III Due to the increased traffic volumes at Property Owner and Lessee's facility below is a list of triggers for the improvements for the upgrading, widening, and/or paving of County maintained roads in the area of the Property Owner and Lessee's facility entrance: a. 200 vehicles per day Mag-Chloride b. 300 vehicles per day Alternate Pavement c. 400 vehicles per day Asphalt Pavement Property Owner and Lessee will be responsible for the installation of auxiliary lanes at the intersection of CR 54 and CR 13 when triggers are met. A southbound right turn lane will be required when 25 vehicles per hour (vph) attributable to Property Owner and Lessee's facility turn right onto CR 54 during a peak hour. A westbound right deceleration lane will be installed on CR 54 when 25 vph attributable to Property Owner and Lessee's facility turn right onto CR 13 during a peak hour. 9.0 Future Road Replacement: At any time in the future, if, in the reasonable opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner and Lessee shall pay its Proportionate Cost of a complete road restoration. Notification to the Property Owner and Lessee of the required roadway replacements will be given as soon as the data becomes available and pursuant to Section 6, Part 1 of this Agreement, 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 Property Owner and Lessee shall pay its proportionate share of costs ("Proportionate Share") of dust control/abatement, paving, repairs, maintenance, improvements, or future road replacement of any particular Haul Route Road. Property Owner and Lessee's Proportionate Share shall be based upon the percentage of traffic on the road that is attributable to Property Owner and Lessee's facility. County personnel will determine the percentage based on then current Equivalent Single Axle Load (ESAL) Counts. Property Owner and Lessee shall not be responsible for traffic that is not sourced from the Property Owner and Lessee's facility. 10.2 As part of any notification regarding improvements or maintenance, the County shall notify Property Owner and Lessee of County's preliminary determination and assessment of Property Owner and Lessee's Proportionate Share of costs. Prior to County's final determination and assessment, County shall provide Property Owner and Lessee with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner and Lessee's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner and Lessee's Proportionate Share of costs. 11. Road Maintenance Collateral: Property Owner and Lessee shall post Road Maintenance Collateral as described by Part 2 of this Agreement. C. On -Site Improvements Buildings at the Property Owner and Lessee's facility will be painted an earth tone pursuant to COA 1.H.11 and the appearance will be designed based upon consultation by Property Owner and Lessee with the Community Work Group (as defined in the Board of County Commissioners' Resolution approving USR 15-0027). All On -Site Improvements shall be constructed in compliance with the final approved USR 15-0027. Page 6 of 15 4333536 Pages: 6 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 I%41 hl 'INN 15'AMIVAr ' i X1111 1.0 Landscaping and Fencing Requirements: Property Owner and Lessee shall at its own expense, plant, install and maintain all grass and other landscaping and re -seeding where applicable as shown on the accepted Construction Plans and/or USR Map. Additionally, pursuant to COA 1.H.5, the Property Owner and Lessee shall install and/or maintain decorative fencing in key areas based upon consultation by Property Owner and Lessee with the Community Working Group, to landscape/screen the property where applicable as indicated on the accepted Construction Plans and/or USR 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. Property Owner and Lessee will set up a $100,000.00 landscaping fund in escrow to be managed by Property Owner and Lessee and the Community Work Group to fund landscaping for installation on the lots of adjacent landowners with views of the Property Owner and Lessee's facility. Under no circumstances is the County obligated to manage or fund the landscaping fund. 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner and 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 USR Map. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for Property Owner and Lessee's facility (USR15-0027). Property Owner and Lessee shall be responsible for all maintenance of the on -site improvements. Additional on -site 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 BOCC, Property Owner and Lessee shall not be required to initiate any applicable landscaping requirements until the occurrence of the triggering event for each improvement, or an amendment to the existing USR. Specifically, Property Owner and Lessee shall commence and complete landscaping improvements along the entrance of the Property, which includes a concrete wall, vegetation and decorative fencing, prior to the commencement of external sales from Property Owner and Lessee's facility, and Property Owner and Lessee shall commence landscaping improvements along the northern and western boundaries of the Property once the railroad line is installed and the berm is constructed and shall complete said landscaping improvements by the end of 2017. Except with prior County consent, Property Owner and Lessee shall post collateral for all off -site improvements before Property Owner and Lessee receives approval of any Building Permit or application for a Right -of -Way Permit for construction of accesses and work within the County and/or State of Colorado Right -of -Way based on the final Construction Plans for improvements. Access and/or Right -Of -Way permits might also be required prior to approval of the grading permit. Any alterations to the accepted Construction Plans for improvements must be accepted in writing by the County Planning and Public Works Departments. At that time, and unless otherwise amended, Property Owner and Lessee agrees that all landscaping and other on -site improvements shall be completed within the parameters established in this Agreement. The timing of required improvements will be in accordance to this agreement and the attached exhibits, including Exhibit B. "End of Part I " U:AEngineering\PLANNING — DEVELOPMENT REVIEW\2015 Planning Referrals \USRI5\USR15-0027 Marietta \Improvements Agreement\Martin Marietta (USR 15-0027) - Part I Final IA Update (10-28-16).doc.x Page 7 of 15 4333536 Pages : 7 of 106 D9/14/2017 04:42 PM R Fee:$0.00 :arly Koppes, Clerk and Recorder, Weld County, CO INAP Ihl+hliii Evi' II III IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS High Rail Holdings LLC, & Gerrard Investments LLC C/O Martin Marietta Materials, Inc. USR15-0027 Part 2: General Provisions A. General Requirements: 1.0 Engineering Services: Property Owner and 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 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 County Code for public improvements and the County Engineering and Construction Criteria Guidelines. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner and 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 commencement of construction of such improvement. 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, Property Owner and 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: Property Owner and Lessee shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and USR Map, and 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 Property Owner and 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 such that only non -material changes may be allowed. Page 8 of 15 4335536 Pages: 8 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO PRIM 11114 "Ill 3.2 Property Owner and 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, Property Owner and 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. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner and 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 Property Owner and Lessee. 3.4 Permits. Property Owner and 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: Property Owner and Lessee and Property Owner 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 Property Owner and Lessee, the County shall accept the Property Owner and Lessee's off -site improvements, if the following conditions are met: • The off -site improvements have been completely constructed, and • The Property Owner and 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 County. Page 9 of 15 1335536 Pages: 9 of 106 19/14/2017 04:42 PM R Fee:$0.00 arly Koppes, Clerk and Recorder, Weld County, CO ill IP.r�1�13 �'� .L"i�l�' hi+� Pry tl'l�rli�h CI II I 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 Property Owner and Lessee. 6.0 Warranty Period: Property Owner and 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 Property Owner and Lessee, the County Engineer shall inspect the improvements and direct the Property Owner and 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 County shall accept the improvements. 7.0 General Requirements for Collateral: County requires Property Owner and Lessee to provide collateral to guaranty all of Property Owner and 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 — Property Owner and 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 County, and shall be held in total by County until such improvements are accepted and collateral is released by the County. 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. Page 10 (71'15 4333936 Pages: 10 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO 111111 XICIII:PairliNIVIIING li4ik Bill 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, Property Owner and Lessee has violated any of the terms of this Agreement, County shall so notify Property Owner and Lessee and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner and Lessee shall have thirty (30) days within which to either cure the violation or demonstrate compliance or receive an extension from the County, which extension shall not be unreasonably withheld. 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: 2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur upon Property Owner and 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 Property Owner and 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. Property Owner and 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 Property Owner and 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 Property Owner and Lessee's USR, except that the Property Owner and Lessee shall only be released from this Agreement after the successful completion of all commenced improvements required under this Agreement, which may be completed by County after accessing Property Owner and Lessee's collateral if Property Owner and Lessee fails to complete such improvements. 3.0 Revocation of USR: Property Owner and Lessee acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the USR pursuant to the terms of this Agreement, 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 Property Owner and Lessee in order to complete the Page 11 of 15 4335336 Pages: 11 of 106 D9/14/2017 04:42 PM R Fee:$0.00 :arly KoPpes, Clerk and Recorder, Weld County, CO ULfiIiX '' lit 4fItai L 111111 improvements required under this Agreement, if Property Owner and 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 vehicle traffic generated by Property Owner and Lessee's facility; references to "haul vehicles" means traffic used for hauling purposes generated by Property Owner and Lessee's facility, as applicable, and does not include passenger vehicles not used for hauling. 1.3 All references to "Property Owner and Lessee" shall include any individual or entity, including an "Operator", who is acts on behalf of the Property Owner and Lessee regarding this Agreement. 2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in part by Property Owner or 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 or Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement or Assignment Agreement with the successor owner or successor lessee of the Property. Consent to a delegation or an assignment will not be unreasonably withheld by County. In the event of an annexation of any property subject to this Agreement, the contractual rights and obligations between the original parties to this agreement shall continue until they are completed, legally transferred, or rendered legally void by an action of law. All of the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of Property Owner and 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. Page 12 of 15 433°3536 Pages: 12 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO iii �1 K �d�a�N�t f�1+41i X11 I�h �MJ�S�1��I h �� II 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, Property Owner and 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. 9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County, Property Owner or Lessee or 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, Property Owner and Lessee shall provide the County with proof of Property Owner and Lessee's authority to enter into this Agreement within five (5) days of receiving such request. 12.0 Notice: All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when (a) personally delivered, (b) sent by electronic mail with a hard copy of the notice following by registered mail, (c) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested), or (d) after the lapse of three (3) business days following the mailing by registered or certified mail, postage pre -paid, addressed as follows (or such other address for a party as will be specified in a notice given in accordance with this Section): Page 13 of 15 4333336 Pages: 13 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld VIIItfKBill For the County: County Engineer Weld County email: For Lessee: For Property Owner: Martin Marietta Materials, Inc. Attn: Pat Walker, President, Rocky Mountain Division 10170 Church Ranch Way, Suite 201 Westminster, CO 80021 E-mail: patrick.walker@martinmarietta.com High Rail Holdings LLC and Gerrard Investments LLC Attn: Nathan Gerrard 27486 Weld County Road 13 Loveland, CO 80534 Email: ngerrard@gerrardinc.com IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNERS: HIGH RAIL HOLDINGS LLC SIGNATURE PRINTED NAME /04-r-,564,4G;,t4\ TITLE (If Applicable) wi4,/4G.g,c,_ STATE OF COLORADO ) County of Weld ) by SS. ar The foregoing instrumeenn�iwas acknowledged before me this I� day ot44•. 016, NA.41,441044, C_lt 1 s ,f,rw..c\ WITNESS my hand and official seal. Notary Public GERRARD INVESTMENTS LLC SIGNATURE PRINTED NXME /47;/.p.,/ ‘51dAkei Page 14 of 15 WILLIAM T NICHOL,- ��'��'s'iAT T Y PUBLIC . F L0RAD0 NOTARY ID MY COMMISSION EXPIRES 19924017028 MARCH 17 2017 4335536 Pages: 14 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County, CO 1111 !AMIN illiW 'rinrkligirf iWh 1:1111111A 1I II 1 TITLE (If Applicable) STATE OF COLORADO County of Weld f 4 ANA -ea- &-- ) ) ) SS. rirV" by T��regoing iAkobei`n^stru�twas �ac�o�lpdged before me this ` day offiwVs,.�+►,►2016, WITNESS my hand and official seal. Notary Public LESSEE: SIGNATURE e✓ � jl f� 7,7i PRINTED NAME 1'Qk► c . H - TITLE 2 Y r Ie i,Y14-A c V iSt0Y1 PresAden± STATE OF COLORADO County of Weld ) ) SS. M T NICHOLL STATE OF COLORADO NOTARY ID 19924017028 MY COMMISSION EXPIRES MARCH 17, 2017 The foregoing instrument was acknowledged before me this ,�I' day of , 2016, by Pcd-r;t bi-. 1 L LQ( , Prx a j M auti ,(.n -I v I s, � Ppro.96 errs ce M,y{cn w , eku WITNESS my hand and official seal. otary Public JULIE M MIKULAS STATE OF COLORADO NOTARY ID 19964009323 MY COMMISSION EXPIRES MAY 30, 2020 ATTEST: i Weld C. i ty Clerk to the Bo .„� ""!� WELD COUNTY, COLORADO • BOARD OF COUNTY COMMISSIONERS BY: Deputy Cl;_S to t e APPROVE AS TO FOR County Attorney le Freeman, Chair DEC 12 2016 PPROVED A8 -TO SUBSTANCE: Elei total or Depa V ent Head U:AEngineering\PLANNING — DEVELOPMENT REVIEW\ -2015 Planning Referrals\USR I 5 \ USRI 5-0027 Marietta\Itnprovements Agreement\Martin Marietta (USRI5-0027) - Part 2 Final IA (10-28-16).docx Page 15 of 15 4335336 Pages: 15 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII r.rraiffMahi11iGili 11111 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 deteinrined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant t^ n + thPjyan Aiyit,ita" Title By: Applicant Title 4335536 Pages: 16 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Mfil Date Zvi-. 3i , 20 IL Date , 20 EXHIBIT A - Cost Sheet (OFF -SITE) Name of Facility: (4-lghwet 34 t.vekrh? i+ Filing/Case #: 146R j5-IoCjz-i _ Location: J p(1ViS+ j („Vl Personnel Contact: Name Flu l►€ M i I•u.l&LAM S Title: C( etrlitt3e.V Phone: ct7Q-277-40t1 ( Intending to be legally bound, the undersigned Applicant hereby agrees to provide thr•ou bout this fa La, Engineering and Supervision Costs (5) (Testing. inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) ITOTAL ESTIMATED COST OF IMPROVEMENTS. ENGINEERING AND SUPERVISION (5) 4335536 Pages: 17 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clark and Reoorder, Weld County, CO MD NIP .PILVIN JALI I. IJ % MAY I.'.9LI I LIMN ail ■I II Included above $5,803,976.72 CDOT BID ITEM NO. HWY 34 & WCR 13 ROAD IMPROVEMENTS BID SCHEDULE UNIT HWY 34 QTY WCR 13 QTY 201-00000 CLEARING AND GRUBBING L S Contractor 1 1 202-00001 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS Contractor 4 202-00026 REMOVAL OF SLOPE AND DITCH PAVING SY Contractor 70 202-00220 REMOVAL OF ASPHALT MAT SY MM 1992 202-00035 REMOVAL OF PIPE LF Contractor 387 202-00240 REMOVAL OF ASPHALT MAT (PLANNING) SY MM 3904 17885 210-00810 RESET GROUND SIGN EACH Contractor 5 4 202-00840 REMOVAL OF TRAFFIC SIGNAL POLE EACH Contractor 1 202-00845 REMOVAL OF TRAFFIC SIGNAL CONTROLLER EACH Contractor 1 202-01130 REMOVAL OF GUARDRAIL TYPE 3 LF Contractor 75 202-04002 CLEAN CULVERT EACH Contractor 2 202-05026 SAWING ASPHALT MATERIAL (3 INCH) LF MM 5216 1403 203-00000 UNCLASSIFIED EXCAVATION CY Contractor 440 2494 203-00060 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY Contractor 1040 300 207-00205 TOPSOIL CY Contractor 3207 1299 208-00002 EROSION LOG (12 INCH) IF Contractor 450 208-00007 EROSION LOG CULVERT INLET PROTECTION (12 INCH) LF Contractor 40 160 208-00007 EROSION LOG CULVERT OUTLET PROTECTION (12 INCH) IF Contractor 100 208-00020 SILT FENCE LF Contractor 3679 3577 208-00045 CONCRETE WASHOUT STRUCTURE EACH Contractor 1 210-00010 RESET MAILBOX STRUCTURE EACH Contractor 7 210-00050 RESET FIRE HYDRANT EACH Contractor 2 210-04050 ADJUST VALVE BOX EACH Contractor 1 210-01010 RESET GATE POST EACH Contractor 2 210-01011 RESET GATE EACH Contractor 2 212-00007 SEEDING (NATIVE) (HYDRAULIC) ACRE Contractor 9 4.5 304-06007 AGGREGATE BASE COURSE (CLASS 6) CY MM 1285 4628 403-33841 HOT MIX ASPHALT (GRADING 5) (100) (PG 64-22) TON MM 1305 3252 403-34851 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) TON MM 1082 5463 420-00104 GEOTEXTILE (EROSION CONTROL) (CLASS 3) SY Contractor 3570 6890 503-00042 DRILLED CAISSON (42 INCH) LF Contractor 17 17 503-00046 DRILLED CAISSON (48 INCH) LF Contractor 42 503-00054 DRILLED CAISSON (54 INCH) LF Contractor 21 506-00212 RIPRAP (12 INCH) CY Contractor 60 507-00550 CONCRETE LINED DITCH LF Contractor 12 609-21010 CURB AND GUTTER TYPE 2 (SECTION I -B) LF Contractor 152 610-00030 MEDIAN COVER MATERIAL (CONCRETE) SF Contractor 951 609-21011 CURB AND GUTTER TYPE 2 (SECTION I -M) LF Contractor 247 610-00030 MEDIAN COVER MATERIAL (CONCRETE) SF Contractor 365 603-01185 (COMPLETE 18 INCH REINFORCED CONCRETE PIPE (RCP) IN PLACE) LF Contractor 84 603-01245 (COMPLETE 24 INCH REINFORCED CONCRETE PIPE (RCP) IN PLACE) LF Contractor 760 54 603-01545 (COMPLETE INCH REINFORCED CONCRETE PIPE (RCP) IN PLACE) IF Contractor 160 603-05018 18 INCH REINFORCED CONCRETE END SECTION EACH Contractor 2 4335536 Pages: 18 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County, CO 1111 IVIDAID NI II CDOT BID ITEM NO. HWY 34 & WCR 13 ROAD IMPROVEMENTS BID SCHEDULE UNIT HWY 34 QTY WCR 13 QTY 603-05024 24 INCH REINFORCED CONCRETE END SECTION EACH Contractor 8 603-32018 PLACE 18 INCH STEEL END SECTION EACH Contractor 2 603-36018 PLACE 18 INCH CORRUGATED STEEL PIPE LF Contractor 36 603-83012 12 INCH SEWER PIPE LF Contractor 368 604-30005 MANHOLE SLAB BASE (5 FOOT) 48" GUARDRAIL TYPE 3A EACH Contractor 1 606-00310 LF Contractor 150 105 609-20010 CURB TYPE 2 (SECTION B) LF Contractor 317 610-10000 HEADWALL FOR PIPES (54") 2 INCH ELECTRICAL CONDUIT (BORED) 3 INCH ELECTRICAL CONDUIT (BORED) 2 INCH ELECTRICAL CONDUIT (PLASTIC) 3 INCH ELECTRICAL CONDUIT (PLASTIC) TYPE THREE PULL BOX EACH Contractor 2 613-00206 613-00306 613-01200 613.01300 613-07003 LF LF LF LF Contractor Contractor Contractor Contractor Contractor 845 1400 4870 80 105 400 95 3 613-07004 TYPE FOUR PULL BOX EACH Contractor 1 1 613-07005 TYPE FIVE PULL BOX EACH Contractor 3 613-07034 PULL BOX (24" X 36" X 18") EACH Contractor 2 613-10000 WIRING LS Contractor 1 1 613-13040 LUMINAIRE (LED) (20400 LUMENS) EACH Contractor 6 1 613-50100 LIGHTING CONTROL CENTER EACH Contractor 1 614-00011 SIGN PANEL (CLASS I) SF Contractor 25 614-00012 SIGN PANEL (CLASS II) SF Contractor 99 614-01573 STEEL SIGN SUPPORT (2-1/2 IN ROUND NP -40) EACH Contractor 11 614-10160 SIGNAL HEAD BACKPLATES EACH Contractor 12 2 614-70336 TRAFFIC SIGNAL FACE (12-12-12) EACH Contractor 20 4 614-70448 TRAFFIC SIGNAL FACE (12-12-12-12) EACH Contractor 2 614-7285X BATTERY BACKUP CABINET EACH Contractor 1 614-7586X RAILROAD PREEMPTION UNIT EACH Contractor 1 1 614-8624X TRAFFIC SIGNAL CONTROLLER (TYPE 2070) EACH Contractor 1 614-72866 FIRE PREEMPTION UNIT AND TIMER EACH Contractor 4 614-72875 LOOP DETECTOR WIRE LF Contractor 1395 410 614-72880 TRAFFIC SIGNAL VEHICLE DETECTOR AMPLIFIER (LOOP TYPE) EACH Contractor 3 2 614-72886 INTERSECTION DETECTION SYSTEM (CAMERA) EACH Contractor 4 614-72889 TRAFFIC SIGNAL VEHICLE DETECTOR (MICRO TYPE) (NON-INVASIVE) EACH Contractor 4 614-81145 TRAFFIC SIGNAL -LIGHT POLE STEEL (1 - 45 FT) EACH Contractor 1 614-81150 TRAFFIC SIGNAL - LIGHT POLE STEEL (1 - 50 FT) EACH Contractor 1 614-81155 TRAFFIC SIGNAL - LIGHT POLE STEEL (1 - 55 FT) EACH Contractor 2 614-81170 TRAFFIC SIGNAL - LIGHT POLE STEEL (1 - 70 FT) EACH Contractor 1 614-84000 TRAFFIC SIGNAL PEDESTAL POLE STEEL EACH Contractor 1 614-86246 CONTROLLER (TYPE 170E-HC11) EACH Contractor 1 614-8624X TRAFFIC SIGNAL CONTROLLER (TYPE 2070) EACH Contractor 1 614-86800 UNINTERUPTED POWER SUPPLY EACH Contractor 1 614-87010 FIBER OPTIC CABLE (SINGLR MODE) (12 STRANDS) LF Contractor 2185 614-87010 FIBER OPTIC TERMINATION PANEL (12 FIBER) EACH Contractor 4 614-87015 BUFFER TUBE FAN OUT KIT EACH Contractor 4 614-87612 TERMINATE FIBER OPTIC CABLE (12 STRANDS) EACH Contractor 4 615-50000 PARSHALL MEASURING FLUME (18" THROAT) EACH Contractor 1 4335536 Pages: 19 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I �.rI I�K��lr)1af p�'����tl ti lOrIchrivIANI Yoh II II CDOT BID ITEM NO. HWY 34 & WCR 13 ROAD IMPROVEMENTS BID SCHEDULE UNIT HWY 34 QTY WCR 13 QTY 615-65005 IRRIGATION DIVERSION STRUCTURE (CONCRETE) EACH Contractor 1 625-00000 CONSTRUCTION SURVEYING L S Contractor 1 1 626-00000 MOBILIZATION L S Contractor 1 1 627-30205 THERMOPLASTIC PAVEMENT MARKING SF Contractor 103 627-00004 EPDXY PAVEMENT MARKING (8" WHITE CHANELIZING LANE) GAL Contractor 24 627-00004 EPDXY PAVEMENT MARKING (4" WHITE EDGE LINE) GAL Contractor 10 33 627-00004 EPDXY PAVEMENT MARKING (4" YELLOW EDGE LINE) GAL Contractor 7 627-00004 EPDXY PAVEMENT MARKING (4" DOUBLE YELLOW CENTERLINES) GAL Contractor 55 627-30310 PREFORMED PLASTIC PAVEMENT MARKING (60 Mil) (Xwalk-Stop Line) SF Contractor 240 270 630-00012 TRAFFIC CONTROL MANAGEMENT LS Contractor 1 1 700-90074 RAILROAD PREEMPTIVE TIMING (INSTALL AND WIRING) FA Contractor 1 1 MATERIALS TESTING LS Contractor 1 1 RAIL PROS CROSSING IMPROVEMENTS LS Contractor 1 1 4335536 Pages: 20 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 11111 kirdIFIPAIOXWAtLITC11 11101 t • _ The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant O�o:.� vf/V m Title 4 By: Applicant Title 4335536 Pages: 21 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO lilI 1�11�'i?�Kr'�F4�+t�11'�LIS��I �G:(r�� Yksh iI II Date cut. al , 20 Flo Date , 20 EXHIBIT A - Cost Sheet (ON -SITE ) Name of Facility: i-tte3 IVVal 34 T (rpmea ing/Case #: tt,5g. (5-007_7 Personnel Contact: %h.,. lid. Mt. ((has Title: I_ tk Ma.nAGJGIr Intending to be legally bound, the undersigned Applicant hereby agrees In provide t/u•oughout this facilit the fo!lowi, Phone:°110-22-7-404I Improvements (Leave spaces blank where they do not apply) SONY SITE) Quantity Units Unit Costs ($) Estimated Construction ,J,PUBLIC WORKS, ---See sheets ---Not needed for collateral Survey, Street Monuments/Boxes Street Grading Street Base Street Paving Pavement Marking Entrance/Access Improvements Road Culvert Dust Control (per Sec. E.-7.5.2) Road Maint.Collateral (per Sec. E.-7.5) 1PLANNING SERVICES.1. Sidewalks Curbs, Gutters, and Culverts Fire Hydrants Site Grading Retention / Detention Ponds Stormwater/Drainage Facilities Erosion Control Measures/BMP's Grass Lined Swale Subsurface Drainage Ditch Improvements Pages: 22 of 106 4:42 PM R Fee:$0.00 Clerk and Recorder, Weld County, CO elilhniqiiiMAITIPlii(N'1dilig4+i1i4411 III Parking Area, Curb Stops, Bus Kiosks, Mailboxes Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails )Health Department) Septic Systems SUB -TOTAL: (Testing, inspection, as -built plans and work in addition to preliminary and Engineering and Supervision Costs (S) trial plat; supervision of actual construction is contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION (5) 57,678,000 Item Number ON -SITE Item Description Quantity Unit GENERAL 1 2 3 Mobilization and Preparatory Work Clearing, Grubbing, Stripping Dewatering 1 113 1 LS ACRE LS 4 Sediment and Erosion Control 1 LS 5 Utility Relocation 1 LS 6 Demolition 1 LS 7 Landscaping 1 LS 8 Site Reclamation 50 ACRE 9 Turf Reinforcement Mat 42,000 SY EARTHWORK, ROADS, AND SUBBALLAST 10 On -Site Embankment Material (Complete in Place) 165,000 CY 11 Imported Embankment Material (Complete in Place) 420,000 CY 12 Aggregate Base Course 12" Thickness (CDOT Class 6) 245,000 SY 13 Subballast 12" thickness 9,600 CY STORM INFRASTRUCTURE 14 12" PVC 120 LF 15 12" RCP, Class V 235 LF 16 18" RCP, Class III 415 LF 17 18" RCP, Class V 265 LF 18 24" RCP, Class III 1,635 LF 19 24" RCP, Class V 200 LF 20 24" PVC 85 LF 21 30" RCP, Class III 1,190 LF 22 30" RCP, Class V 180 LF 23 36" RCP, Class III 1,130 LF 24 36" RCP, Class V 250 LF 25 48" RCP, Class V 1,875 LF 26 60" RCP, Class III 900 LF 27 60" RCP, Class V 405 LF 28 18" Concrete FES including cutoff wall, filter fabric, riprap bedding, and riprap rundown 9 EACH 29 24" Concrete FES including cutoff wall, filter fabric, riprap bedding, and riprap rundown 4 EACH 30 24" PVC FES including cutoff wall, filter fabric, riprap bedding, and riprap rundown 2 EACH 31 30" Concrete FES including cutoff wall, filter fabric, riprap bedding, and riprap rundown 7 EACH 4333536 Pages: 23 of 106 09/1Carly �4/2017 lKo ppeess,,OClerZk a d M Recorder,,OWeld County, CO 1111 alikal01111213.INlLULL •III 32 36" Concrete FES including cutoff wall, filter fabric, riprap bedding, and riprap rundown 8 EACH 33 48" FES including cutoff wall, filter fabric, riprap bedding, and riprap rundown 11 EACH 34 60" FES including cutoff wall, filter fabric, riprap bedding, and riprap rundown 1 EACH 35 Type 13 Inlet (single) 2 EACH 36 Type 13 Inlet (double) 3 EACH 37 Type 13 Inlet (triple) 3 EACH 38 Type 13 Inlet (quadruple) 3 EACH 39 Type 13 Inlet (5) 1 EACH 40 Type 13 Inlet (6) 2 EACH 41 Type 13 Inlet - Modified (double) 1 EACH 42 Type 13 Inlet - Modified (quadruple) 1 EACH 43 48" Manhole 3 EACH 44 60" Manhole 4 EACH 45 84" Manhole 4 EACH 46 Detention Pond Outlet Works including inlet structure, slide gate, grates, outlet pipe, restrictor plates, trashrack 3 EACH 47 Pond A Spillway, includes riprap, riprap bedding, filter fabric, cutoff walls 1 EACH 48 Pond B Spillway, includes riprap, riprap bedding, filter fabric, cutoff walls 1 EACH 49 Pond C Spillway, includes riprap, riprap bedding, filter fabric, cutoff walls 1 EACH WATER DISTRIBUTION 50 12 -inch C-900 PVC Waterline 6,400 LF 51 16 -inch DR -9 HDPE Directional Bore 300 LF 52 20 -inch Steel Casing Pipe (5/8" wall thicl 226 LF 53 2 -inch C901 SDR-9 PE Service Pipe (5 ft c 3,350 LF 54 6 -inch C-900 PVC Waterline (Hydrant Le 200 LF 55 Trench Stabilization Material 300 CY 56 Precast Flow Control Vault (see below fc 1 LS 57 Air Release Valve Vault in 4" MH 1 EACH 58 Fire Hydrant Assembly 5 EACH 59 12 -inch Gate Valve 17 EACH 60 8 -inch Gate Valve 2 EACH 61 12" x 16" Restrained Coupling 2 EACH 62 6 -inch Gate Valve 5 EACH 4335536 Pages: 24 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II 4333336 Pages: _ 09/14/2017 04:42 PM R Fee:$0.00 Carly Koopes, Clerk and Recorder, Weld County, CO ■III IIr. niiiillidVdtt " . IY42.4ibktilr_I.lYllitdWui ■I HI 63 8 -inch Solid Sleeve Coupling 2 EACH 64 12"x8" DIP MJ Concentric Reducer 2 EACH 65 12 -inch DIP MJ 90° Bend 1 EACH 66 12 -inch DIP MJ 45° Bend 7 EACH 67 12 -inch DIP MJ 22.5° Bend 8 EACH 68 12 -inch DIP MJ 11.25° Bend 2 EACH 69 12 -inch DIP MJ Tee 4 EACH 70 12"x6" DIP MJ Tee 5 EACH 71 12" Megalug 108 EACH 72 8" Megalug 10 EACH 73 6" Megalug 20 EACH 74 12 -inch Casing End Seal 4 EACH 75 12 -inch Casing Spacers 36 EACH 76 Valve Box 22 EACH 77 Meter Pit (3/4" to 1" taps) 3 EACH 78 Meter Vault (1-1/2" to 2" taps) 2 EACH 79 2 -inch Curb Stop 7 EACH 80 2 -inch Corp Stop 5 EACH 81 Concrete Bollards 4 EACH UTILITIES 82 Electric Low Voltage Conduit Installatior 11,000 LF 83 Copper Conduit Installation at 3 -foot de 11,000 LF 84 Fiber Conduit Installation at 3 -foot deptl 11,000 LF 85 4" Gas Line Installation 5,000 LF FLOW CONTROL VAULT INTERIOR 86 12 -inch FIg Gate Valve 2 EACH 87 12 -inch Flanged Coupling Adapter 2 EACH 88 12 -inch DIP Flg Wye 2 EACH 89 12 -inch FIg Check Valve 1 EACH 90 12 -inch FIg Pressure Reducing Valve 1 EACH 91 12 -inch DIP FIg 45° Bend 2 EACH 92 12 -inch DIP Flg Spool (1'-9") 2 EACH 93 12 -inch DIP FIg Spool (5'-6") 1 EACH 94 12 -inch DIP FIg x PE Spool (2'-6") 1 EACH 95 12 -inch DIP FIg Spool (9'-2") 1 EACH 96 12 -inch DIP Flg x PE Spool (5'-0") 2 EACH 97 Flange Bolt Kit 15 EACH 98 Sump Pump 1 EACH 99 2 -inch Sump PVC Piping - Schedule 40 40 LF 100 2 -inch Ball Valve 1 EACH 101 Pipe Support 7 EACH 102 12 -inch Kor-N-Seal Boot 2 EACH 103 12 -inch Megalug 4 EACH 104 3'x4' Access Hatch 1 EACH CLAY LINER 105 Foundation and Keyway Excavation and 90,000 CY 106 Compacted Clay Liner 90,000 CY 107 'Compacted Miscellaneous Fill I 40,000 I CY OTHER 108 Gravity Septic System including tank, leach field, and appurtenances 2 EACH 109 4" Schedule 40 PVC Sewer Pipe Installation 1,500 LF 110 Irrigation Design and Construction to meet landscape plan 2 EACH Fencing 1 LS Sound Wall 1 LS Paving 1 LS Lighting 1 LS Irrigation and seeding 1 LS 4335536 Pages: 26 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppes, Clerk VIII Fi rNN�rWi����l i I°Rd10,11kdifidilCk Milk 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: (;),.,,,,,,t Applicant 7.4,10;.-1 vplLr+ 4).,.e4 Title By: Applicant Title 4333°336 Pages: 27 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO VIII FAR AMY MG* /ALIOIi4I'A IA 11111 Date Oar 3i , 20 16 Date , 20 M:\AGREEMENTS\Exhibits12016Combine Echibits\2016 Combined Exhibits PUD.docx EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: HIGHWAY 34 DEVELOPMENT Filing/Case #: USR 15-0027 Location: JOHNSTOWN Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within (see Note 1) years from the date of approval of the final plat. Construction of the improvements listed in Exhibit A shall be completed as follows Improvements (Leave spaces blank where they do not apply) Time Schedule ION -SITE) 1 (OFF -SITE) J,PUBLIC WORKS,j. Survey, Street Monuments/Boxes Prior to external sales (See Note 4) Street Grading December 2016 (See Note 1) Prior to external sales (See Note 4) Street Base December 2017 (See Note 1) Prior to external sales (See Note 4) Street Paving December 2017 (See Note 1) Prior to external sales (See Note 4) Pavement Marking December 2017 (See Note 1) Prior to external sales (See Note 4) Entrance/Access Improvements Prior to external sales Prior to external sales (See Note 4) Road Culvert December 2016 (See Note 1) Prior to external sales (See Note 4) Sidewalks, Curbs, Gutters, and Culverts (OFF -SITE) Prior to external sales (See Note 4) Dust Control (per Sec. E.-7.5.2) Road Maint. Collateral (per Sec. E.-7.5) 1PLANNING SERVICESJ, Sidewalks, Curbs, Gutters, and Culverts (ON -SITE) With building permits Fire Hydrants Prior to operation (See Note 1) Site Grading Prior to operation (See Note 1) Retention / Detention Ponds Prior to operation (See Note 1) Stormwater/Drainage Facilities Prior to operation (See Note 1) Prior to external sales (See Note 4) Erosion Control Measures/BMP's Ongoing in compliance w/permit Grass Lined Swale Prior to operation (See Note 1) Prior to external sales (See Note 4) Subsurface Drainage Ditch Improvements Prior to external sales (See Note 4) Parking Area, Curb Stops, Bus Kiosks, Mailboxes With building permits �� do Street Lighting With building permits zm- n Signage L Prior to re -opening roads o` Fencing Requirements Prior to operation i., Landscaping, Seeding, Trees, etc. Prior to operation Handicap Accessibility, Parking & Rails With building permits IV " Berms Prior to operation �- �oi Sound Wall Prior to operation (See Note 5) Q in Drainage Prior to operation (See Note 1) M2J Health Department j � alL Septic Systems With building permits r ii. Final Completion Date for Entire Project Unknown ( See Note 2) Unknown (See Note 3) Notes: (1) Most of the on -site rough grading will be completed by December 2016. Road base and paving will be completed in 2017 or around the building and structures before they become operational. The asphalt plant installation is planned for 2018 but that date may be extended. The Drainage report and grading shall account for the staggered development of this area. Grading and paving immediately surrounding the asphalt plant will be completed prior to operation of the asphalt plant. Timing for the future shop, AC storage, fuel storage inside the loop, office and extension on existing shop are not included in this time schedule since the installation date for these buildings has not been determined. All applicable final grading and paving in these areas will be completed before the buildings are operational or occupied. Drainage report will be submitted prior to recording the USR Map plat. (2) Dependent on installation of all future structures and buildings as permitted through the USR (3) Dependent on CDOT, Great Western, and Union Pacific Improvements. (4) County Road 13 and Highway 34 road improvements will be completed prior to any external sales. Improvements associated with the railroad crossings will not be completed prior to external sales and are dependent on the railroad companies and the PUC. (5) A sound wall will be constructed prior to operation and will be modified as additional facilities become operational and additional noise reduction is needed at the residences. 4335536 Pages: 29 of 106 09/14/2017 04:42 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO li11 l�r r l �lh�w�+'l�ti�i41�ti� �Ch'�ah�N�Yr� i 1I 111 EXHIBIT C - Conceptual USR A conceptual USR Map follows and is still subject to change until the Final USR Map is accepted by Weld County Planning and recorded with the County Clerk and Recorder. 4333536 Pages: 30 of 106 09/14/2017 04:42 PM R Fee:O .00 Carly Koppel, Clerk and Recorder Weld County, CO Ems 0 49 MI5< •_w US tCavw r+ o B U— N - O • 3 a � �o70w WE ~ amp pso c ▪ O t o 2 S 2 Z Z •X34NI133HS 00 D � -O O m z8mO (1C Z -n H n O mrm H Z ,z n Z Dn Oo U) 0 Z IVAO'JddV S,i3 MARTIN MARIETTA HWY 34 DEVELOI+MET USR15-0027 R 15-0027 COVER SHEET dVW AJINIDIA n TETRA TECH 0 O m Z U, I H I i MARTIN MARIETTA -0A, 34 LO DEVE LOPMENI U S R 15-0027 SITE PLAN 3114 -43,33 C C/) m 03 I v o>O DWD 70 77j 24C:3 M T < >mm mr-� DO, —C]C MX N m c, p N TETRA TECH tre 1•E 0 0 D UIV13G 3DVdS ONINaVd 0 1IV134 3DVdS ONINbVd �Qz 9 iIV134 3DVdS SNINHVd MARTIN MARIETTA KM 34 DE'VEL O1ME USR15-0027 R 15-0027 PARKING PLAN PARKING SPACE DETAIL A NOT TO SCALE io Ta WO FlELD WOq----- UOF EMPLOYEES PROVIDED 111 I m o I'Ti. l TETRA TECH 0/4.2,4 I I 12 24 2404' Ma -24097,002 C.40 SHEETFILESUSRA 04/.04AILS 0/, - 'SE, LAURA -cm"" oNW a m OD •So WxNl1 •mow --=.•n-3M } .. :„ -n(410) - a io.6O G _ 0 61 M4n4901 n o m m m 70 r- 0 Z r- 0 O m O C) x Z 2 Z C) m IIVM 3Alid210030 32ifSOION3 2i3iSdV la o m r INSIDE OF FiNCE t vin 2 CHAIN LINA MESH J' ft HEIGHT ',Ali a MARTIN MARIETTA H W/ 34 CE/E14OPMErl USR15-0027 R 15-0027 DETAILS MAPS 047 1,SCIPICSION r z D Z m 0 D F IIIII HittI _ III \l‘ l /f .f: it U) m zmm GN3031 SIIOS C U) m _co G7� _0 m o>O DWD 7:J KMm m mr� , m� 0 S310N NVId JNIIHJII i l TETRA TECH 44,72/7024 i II MARTIN MARIETTA o n nm COMMON NAME 13 = 2 a NAM 3 o T. r� _ m In Z 0 'E I3,SCRIP TETRA TECH O1 riff/ 34 DE ✓ELUrME11I USR15-0027 LANDSCAPE PLAN EXHIBIT D - Conceptual Right of Way Permit including Construction Plans Conceptual road improvements follow and are subject to change until the Final Accepted Construction Plans are approved with Weld County Public Works. es: 36 of 106 09/14/2017 / 36 � 04 42PM R Fee $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO in WAR II HWY 34 EAST BOUND KELIM FRONTAGE ROAD MATCHLINE STA 13+20 CD (31 MARTIN MARIETTA AND R HWY 34 PROVEME T ` ROAD IMPROVEMENTS CONCEPTUAL PLAN WCR 13 STA 8+64 TO 13+20 TETRA TECH Il.c"94b tho mow -' A 19 •_o IJw o m 01 w v 221' 3•.-0 M- Nor . 3• w �Q3w w• a G E. N le mm mQmU) O C A O MATCHLINE STA 13+20 MARTIN MARIETTA HWY 34 AND 'NCR 13 ROAD IMPROVEMENTS CONCEPTUAL PLAN WCR 13 STA 13+20 TO 17+80 MATCHLINE STA 17+80 <I TETRA TECH 2 1 1 I , — — — + MATCHLINE STA 22140 4 � j f i 4 1r=_ I MATCHLINE STA 27+00 F CD MARTIN MARIETTA }IWY 34 AND W CR 13 ROAD IMPROVEMENTS CONCEPTUAL PLAN WCR 13 STA 22+40 TO 27+00 BY TETRA TECH SHE MATCHLiNE STA 27+00 - - -J MATCHLINE STA 31+60 fj) TETRA TECH _ l CD MARTIN MARIE TEA HWY 34 AND NNCR Is ROAD 1NIFROVEI.1ENTS CONCEPTUAL PLAN WCR 13 STA 27+00 TO 31+60 IM O 0 411 =-- tru omu,N -0 epos eJ c)A SO A -O Ez!Q3e -Maim X o T18 �-■ o.. 0 r{ ! .- in..- l Ilh mB ▪ CA CO 0 0 *14 1 o • L MATCHLINE STA 17+80 1 I I - %--I----(- I/ J /N IDENT - • 1 j MATCHLINE STA 22+40 \ l J CD MARTIN MARIETTA .. __.. AND N HAD 34 DACE 13 ROAD IMPROVEMENTS S CONCEPTUAL PLAN WCR 13 STA 17+80 TO 22+40 LETTS', NON SUE ('m} TETRA TECH MATCHLINE STA 31+60 MARTIN MARIETTA HWY 34 AND WON 13 ROAD IMPROVEMENTS CONCEPTUAL PLAN WCR 13 STA 31+60 TO 36+20 TETRA TECH M pa CM e 01 of v �. m p -u -. • we 32 o oo�IN �p a ,gyp _ d► 1m► ® GIG) c MATCHLINE STA 36+20 Ili MATCHLINE STA40+a0 a. 1 MARTIN MARIETTA _. HWY 34 AND WOO 13 ROAD IMPROVEMENTS CONCEPTUAL PLAN WCR 13 STA 36+20 TO 40+80 DATE 05,121 5 TETRA TECH IIM.960.1t6 �w W:cA 0113 GO J n lb a x.43 71 - 3 �w � 3 p lom•XI o •TIC) A .,_ _• .. O FQ� J C n O F� MATCHLINE STA 40.80 MI" 4' 1Ofa) =�-s•w —� �Ul C.oNw U. a IS! OD ov E.— .4! — whist Q3p m o T . -um— F �d►"" — m oBNur • OD " 0 TETRA TECH MARTIN MARIETTA FirAre 34 AND EME 13 ROAD IMPROVEMENTS CONCEPTUAL PLAN WCR 13 STA 40+80 TO 44+25.16 rrrir MATCHLINE STA 102+00 WCR 13 I i I 0 MATCHLINE STA 107+00 HWY 34 AND WCR 13 ROAD IMPROVEMENTS ROADWAY PLANS HWY 34 STA 102+00 TO 107+60 MARTIN MARIETTA BY R /O % J 7 -- ii -b1 TETRA TECH MA TCHLINE STA 107+60 - - T 11 -r- I I 1 I MATCHLINE STA 112+00 • I I II I li MARTIN MARIETTA TIN -P/34 AND WCR t3 ROAD IMPROVEMENTS ROADWAY PLANS HWY 34 STA 107+60 TO 112+00 TETRA TECH MATCHUNE STA 112+00 i MARTIN MARIETTA H'NY 34 AND WCR I3 ROAD IMPROVEMENTS ROADWAY PLANS HWY 34 STA 112+00 TO 116+g0 MATCHLINE STA 116+80 4 Ia Ir x I o z z TETRA TECH PB - �� w a ��o NW a(9W a2J Gi- 0 lb 34.3.00 Y v3 EL 0 IMM Mpj _ s al _ 9,w-4 ;Bil C MATCHLINE STA 116+80 A OA m z :1 MATCHLINE STA 121+00 I MARTIN MARIETTA HWY 34 AND'NCR Is ROAD IMPROVEMENTS ROADWAY PLANS HWY 34 STA 116+80 TO END i CD DZ oW 0 0 O I A ONf1OH 1S3M DE AMH MATCHLINE STA 121+00 TETRA TECH 130,72-E,92 Pa. MI 04940 *Iow =� 4a( A W •-•oNW m 01 Si 4 DIM .50. —fa --'Q3q -��.. O n, CD a mss.. - -t- 618 C) -s o iME c Za 0 O EXHIBIT E - On -Site Improvements Site Improvements are detailed in the On -Site Construction Plans submitted to Weld County Planning with the Grading Permit application and are subject to change with addendums as construction progresses. Following are pages pulled from the most current plans. Drainage Channel Drainage Detail Rail Grading and Berm plan view Rail and Berm Cross Sections Landscaping sheets C-300 to C316 sheets C-807 to C-808 sheets C-200 to C-210 sheets C-602 to C-621 sheets L-100 to L-109 and L-500 to L-501 49 of 106 09/334/2037 04:42 P 5536 Pages � Carly Koppel', Clerk and M R Fee:$0.00 IIII RIMIAN OWIllhleICAIViOVA tiro. ti411111 V20. B.4.15 22402 n133-22.00l socr.c.a.,5REET,Est.a.. Pl.,41522-300 OFFSITE 222,..12.2 KEY YAP DWG. WITTEWE.121,2 2.1,2C11. O � ITT � m Z -1 -< m Dom= O Z F z m m r O m r O cp Z -SO l3NNVH0 ONO Z -SO ENNVH0 C, z z z r Vt-SO l3NNVHO Nil SO l3NNVHO NIO38 8t SO l3NNVH0 NI039 I co cD O MARTIN MARIETTA rvO DEVELOPMENT OFFSITE CHANNEL KEY MAP .122 DATE 02.21,21,22, m. s mpg a wn2W eV TETRA TECH E1EEE.O l,fl3 s'z' F: 3J3T2--fl r t0 W .sue . ONW �e01 M �1 r� doA- folle ing aim -I NIB A.'O c.; VD 0 .--Em411 s+ Qm� oi O 0 731,1018 653 {0PM- P1.33,133-243.974.5003,3,30.13FET,LFS1GRACM... 3,,,I5C-13:3,,L.,31EL OS IA STA 1.30 22•50,34/33, WITIENNIEf. .31f ICA PROFILE VIEW CHANNEL OS -to -VERT SCALE t"=S' 49.9 42,30 40151 IO avies 8 491373 4913 70 4933 h 4010 1912 I>I 4913 IgISO 401, to la h IE A Is MARTIN MARIETTA SEE SNE STA: 17+50 MATCHLINE L 0 W O SYYY�+� I !� DEVELOPMENT CHANNEL OS -1A STA 10+00 TO STA 17+50 MARK oAiE ICESLRIF,1,4 A Et' TETRA TECH � a_r. 3133) 772.5!2 '71,39 MI n W Ul o NW a(9 01 v 1 cl — m d"0. p3M Rwm xi pa 0 01 o 1 F+ 0 � �s•0 INE_ _7 • ' • B N wsBB 7 aBW 0 ei ° PROFILE VIEW CHANNEL OS -1A & CULVERT OS -1 - VERT SCALE 1"=5' FIN GP M 6615E Y S iN it 'IA to IN MI5 e 4611 IP MI5 5 46,56 AMAPA ricer a.aasaw (SEE s+*c ou I 0 MARTIN MARIETTA H Wy 34 OE'JEEOPMEN1 CHANNEL OS -1A STA 17+50 TO 24+50 ..aoismxst. viva fCA a41EW STA. 17+50 MATCHLINE WCR 13 TETRA TECH P1663 MOM I/2-5302 Fe= [303.)71.2-3616 O 0 rn r rn I x Z m O n r r m PIN PA 719005 4.00 iFI •PV3 25 P 4008 gwzx g`b P.71 477P5 0 4 / NO SIT ,25ze•e INV IN. 4004 Dr E'.Ev..xc er INP., OPT POOP er MARTIN MARIETTA HWY OEVELOLOPVEM, CHANNEL OS -1A STA 24+50 TO STA. 31+50 SCE sIEET caw STA 31+5G MATCHLINE 't TETRA TECH Swert St. Sane I -P omna,., c .�o�� PROFILE VIEW CHANNEL OS -1A & CULVERT OS -2 - VERT SCALE 1"=5' 90 0 8 44409 6 4749894 480.4 515 io MAR11N MARIETTA is OUT. 48.7 72 45597, T 71 r io io PLAN VIEW CHANNEL OS -1A & CULVERT OS -2 STA: 3.m_Fr'T 50 MA,7CFIliNE d — 0EVEL0PNEM CHANNEL OS -1A STA 31+50 TO STA 38+50 STA. 31+50 MATCHLINE TETRA TECH 1.704, S5575450 .01 7252 FAA 4.7 27.030 PROFILE VIEW CHANNEL OS -1A & CULVERT OS -2 - VERT. SCALE 1" = 5' elk 43,48 I 8 40471 8 8 4843 44 8 8 8 471.45 44 4345 71 40033 489524 4042 ff 43.414 4042 0 4094. 1342 3 0 24 r � s IN a 3. STA • 49,4456 MMn•4'96 65 i ,5 NV OJT •MO as II I 050O aJtlm sFVID.0e Fir]I ! § MARTIN MARIETTA HV P5 DEVELOPMENT CHANNEL OS -1A STA 38+50 TO STA 46+50 3T++ sa ToR 4405 42" DEPTH IC, 63 SIRM m DEPTH 720 PLAN VIEW CHANNEL OS -1A & CULVERT OS -2 W Q O1 a�Yli� T� �xn A STA: 38+50 MATCHLINE slicer c.w. � 1 J1 ti -b. TETRA TECH i n..-. 505 51,-2. 24 Fax-pas;7,z.,0 2 - NIENHNI P3 HERNIA P 24007 IS OCE,AASHEE,AES,GPAENNN SENNA. PENN.-. CHANNEL Sti IA STA NENE - SAKE OW, WrAENNE1ER -o m T m m O Z Z m 0 C) C r- 0 cn N m C) rn m MARTIN MARIETTA HWY 34 OF VELOM/ENT CHANNEL OS -1A STA 46450 TO STA 54+50 rco r Fri N ie,cx a.n l19ft P_WeI! 11.5l, GoNSITIJC^. TETRA TECH T7NNI i3E„i TIE 1, ECIE1 DEICH I _ MARTIN MARIETTA MiRK HWY 24 CHANNEL OS -1A STA 54+50 TO END Y -SO l3NNVH0 M3IA NVId STA. S4i60 MATC{{IINE s�s+ccr c... TETRA TECH - CD lb =sew (A -II a 01 Mr v - f1 {f x N� -= r -0 - Joft oAv 2- O ME- a e 0) _7s 7 8 VI4/2018 II P208.1 P124601133.24081-I5002.6,I.IREIIPLESIGRADING DRAINAGE GIANSC.166 OS -18514 6.60 ,..50 OWL WITLEN.FI ER C16.1.. PROFILE VIEW CHANNEL OS -1B & CULVERT OS -3 - VERT. SCALE 1" = 5' EXC.N io g ,0 4611 191. 8 360 0,8 6,x01 . 4603 CIO 001,8 5 I N II MARTIN MARIETTA DE,/,' 34 .... -... DE VELOPV..Err CHANNEL OS -1B STA 9+50 TO STA17+50 SE C S N �o MARK_ CATE I 00,6 DESERIPTION WE SFr � REVIEW UTETRA TECH Scut, Suns. 542 I. V, iii?/25zni i. Pro),:nliiY 1TRO 7wa, P tR.0971,»,.09,-„.02‘C,oT5»EE.=LES.,GIM,T1GDRAINAGE �St �CHANNELDB a=,,,, 5C 25.. DWG w ,ELMS , C.CA PROFILE VIEW CHANNEL OS -1B - VERT. SCALE 1" = 5' 4911 S S 8 S 4911 I eg 401.1 egTel 4012 to I to I to h Gm) S ' 1 /.1 Q Fill JI MARTIN MARIETTA HWV 34 0EVELOPNEM CHANNEL OS -1B STA 17+50 TO STA 25+50 MARK. DATE oE=OF,FT,a ar .. o mgr v 3 7/l5,18 ' -� SEE SHEET .10 STA 25+50 MATCHLINE TETRA TECH %c.f. , s�e� E.Tao,l„ 1CN =~mow 0NW sZB 01 r sl OM0A �O A_5 MZN• CI >>3s r 0_ 72;611sA-• 451 �- om0 am01 W n - 0 C - 3 O Ocp,,,I Toys Teen Motu., RS 22 PM P DA091,11-2A0P, 1500DCADIGHEETA ...DOG ORA NAGE PLOACE.RDO .02,AGNE. DIS,E1 STA 2S•50 307.511 ONG MT TONMOIER CHIN, PROFILE VIEW CHANNEL OS -1B & CULVERT OS -4- VERT. SCALE 1"= 5' a toI o.gto Ph OR 40,3 AG" er 1014 S 4001 67 .90J 21 49153 1000.0, Gm.J 147 I JO GM 0 GIGS 12 40120 ul , .are ,gal 61 o • cw ae Io to , c I x x a e s 1g Il- 1 e W S 2 D z z P'- � ' �1{ado a My $v MARTIN MARIETTA HAA Y. REVEL 0P1.1391 CHANNEL OS -1H STA 25+50 TO STA 33+50 MARK COOP DESCRIPTION n;5.15 wn UrmacOON HY TETRA TECH MG.- 10771-3230 1 1431,77, 372 -mamas 411 EL, 0 N W m 01 • eSi • , =3Nr r•u• �Q3p ma: i!! O - m� =omm T ▪ � ▪ s 7 — C ~ O ,,.,t,,<,a,,.PM.,,.o„,_,,..,,,_[z.. E_ I.E.GP,CINGo� �P,P=.1„CHANNEL .,a,.b.,a..,430 GING�� aCM,C. PROFILE VIEW CHANNEL OS -1B & CULVERT OS -4 - VERT. SCALE 1" = 5' 8 0,1 EN I NEC I '4201 75 8 ISOP 44,00 IS 000 75 76 fi S o 1 la is IP to to IN i MARTIN MARIETTA N PLAN VIEW CHANNEL OS -1B & CULVERT OS -4 J ,W HWY 34 DEVELOPMENT CHANNEL OS -18 STA 33+50 TO STA 41+50 OESCP".PTICA _ I 91S0 13NNVH3 TETRA TECH n 772W 0 242 %lone 0, z -=y,m�>n,ov ffi 02, 23 8 O m m O • N z 8 z m O OW 03 Ro n m I • O.0, m :c7 O in m • a v43 0 m m can aam4807 g si 4,g2.55 11 N GOTNae Pco'n 4,70101, MARTIN MARIETTA H'NY 34 DEVELOPMENT CHANNEL OS -1B STA 41+50 TO STA. 50+00 o to FORK OA, ! 0In f_ov ltYEw FORMIISTRUMIC4 TETRA TECH 0.4x4o 80501 o iN io i io iN io PROFILE VIEW CHANNEL OS -1B - VERT. SCALE E 0 41101 ' 486.8 0ESEO 45,i1 �o—I 3 48.74 a8 MIN 29 §46039 , 4.00 64 Ian 3 SZ CA) MARTIN MARIETTA .. HWY 34 -. OEVELOPINEM CHANNEL OS -18 STA 41+50 TO END OCY SET 2' 501,16 1-F0,112,EIV n/ TETRA TECH 1,C set SVEM Sul< 1-E l_angr.-nnt Caw., B0501 -0 sot r m 0'10 M. 704 tl Q3� o 01 o W _ O F C relea g iN Z 8 z rn r •of 60 4. -arP:q 6tiw,6036' N.L`�SiT --•__. PASTA •wec e1 k4V •.4f100.� • ""'E[Eff�Pia31 sa 1>.m h-- 16. STA IS•13 CLEv. .Pss1e Ovl STA .66 -60 ELL., • 4601 61 MARTIN MARIETTA treVy 3.0 OE :1.ELO 0,1=e(i CHANNEL OS -2 STA 9+50 TO STA 17+50 0 0 Z -SO l3NNHHO M31A NMd SEE srEET F ,1 _^_ CHANNEL OS -2 _, o Y I 64 5 e v b A n A rA I e F I — LN-- _ __ .—__—_. r Tr ° K' ., 6.661316 DATE GESORIPPON 2 541116 I2Tw£Y£W STA: 17.50 MATCHLINE L TETRA TECH I. Sou. Sunset Ste66, .6AAA 1-E No (r»>11zse$rTyi>'71;;l' 1.1.1.1•0010 7 '4 P1.1 P .1409111,12.1007 1000214.4131511ErT0 .51,01ADING OPAJNAGE FIJOISL 7.53 600 DWG WI -,00.40 ER C... RN Gil PROFILE VIEW CHANNEL OS -2 - VERT. SCALE 1" = 5' S s S S 1603 01 4504 07 ELEV. 48x01. MARi1N MARIETTA DEYE LC PM,' CHANNEL OS -2 STA 17+50 TO END Z -SO 13NNVH0 MJIA NVId .iE l / FOR CONS,0,701 TETRA TECH 10,0, Scutt Sunae 5ree. ,0 FIN SR g3000 CI I 3140 31403 41 3031 c IG �, Lff W-3 300-3_3I ENO ES .SISNMEI MARTIN MARIETTA L 13NNVH3 M31n NYld n C) CHANNEL 1 STA 10+00 TO END T,E,, GAT) I "ESSE,FIO. BY .43,31S MT; erer Cli 13 �0► '�. TETRA TECH i3; „e,zyiFE. ICS,�.»s7030 le la Ed •_ OMW •mom b n. M7,-NSi �Qap o �o T O • ¢�wo -RV- 09 amp XOO C n o a L Ni C gI 0 m S n O 'J ) S'v MARTIN MARIETTA HWW 34 DEVELOPMENT DRAINAGE DETAILS o (S .cros) OF EARS) MARK DA, oEszti,roN N0 PPE ID H4 TETRA TECH 19,0 54.5.7. Suiv,itate, Suit IT. Longman, C... BI16III Ph,. (/0S0772-1114 Fax 73>) 222 0042 wyrIV Ten it, Ig WC') DO Z,Z7 730 >z zD on Om 0 0 0 -mi r n CO S S S S 8 S S A S MARTIN MARIETTA _ —HWY 34 F E O 11c K' DRAINAGE DETAILS W oo cm m M CI)0 TZ m 00 —I O CO rn 0 cncn DO zA D� Dz zD Om Om m 0 m By A S S S A A S 8 S S S Y )3,, DATE OF SGHTI.2231 iac t TETRA TECH 12.212 52 -set, 5,4 1317wa.s.3h72521F )x140. SBA mmPligi6J oNW 313 so al w J Z m • °is irr -II WIZN� • a � ■ '^ 70 _a 1• a,740-4 Cl iim=o C IF n O MARTIN MARIETTA H JY Ia i.�VfLGrMEN7 RAILROAD GRADING KEY MAP � s�1 s'�e fLR PCVFw __ ^ CCASTR,CDON TETRA TECH FT:, no,; T72 52t, CJ O PROFILE VIEW RAILROAD LOOP - VERT SCALE if 8 5543 26 8 5594 58 5904 69 5651175 a 54904 .P csol 555552 x<o 4697 15 5955 75 1;wd 555 7 Ea } L_i 0) MARTIN MARIETTA HWY 35 'JFV,5-0?A!NT RR LOOP DETAILED GRADING STA 18+00 TO STA 26+00 5/1E f o 1rn dOOI OVOW1IVII MAIA NVld x//388 °DEFT c. o$ TETRA TECH w9,55 5‘551 f1aF,C5/15165o oal ne ;oz 1I1A723 S '8 49 P i.340901.771 ',car ,..ort.nontinarr, lESIGSSAMNG ORA NAGE PLANS0.,07 LIS I.SCP STA 2,30- .14.00 TAIS STEM. Eis CFNICK 40.7 33 4097 7, 1808 SA 0 m m < 7823 LO RI s 23 O T" O 0 O O S m m C) r m sth i:� a.S1 SASS LI A00I 3I !!'[1U o g to 11 o �. N 0 MARTIN MARIETTA DEVELOPMENT RR LOOP DETAILED GRADING STA 26+00 TO STA 34+00 ILLS, SATE oFxRP IOS cavT.cnox dOOI GVO211IV21 MJIA NVId �,. 33 0103,7,73,2630103,7,73,263 Fax 1r,70'3 sI 8 8 O T F rn O O rn m $ -A voe n I 4.0 al .,; 400-3 4909 07 GAS STA ,d0,6 71 ' N CD CO MARTIN MARIETTA HWY 34 DE E OFME,i RR LOOP DETAILED GRADING STA 34+00 TO STA 42+00 8. o �r CR b - f] TETRA TECH ST4 42* MAr�2 NE PROFILE VIEW RAILROAD LOOP - VERT SCALE 1"--..5' S H A tgll Olt 17 IOU II AgOlied 4g13 SI tgle 4011 JI 4g, 32 0 Io v, Io I� kiARTIN MARIETTA dOOI OVO211IVN MIA NV1d Q5 9 SEE SHEET C-210 STA. 50.00 MATCHLINE O C9 r I I� HWYA DEVEIOVMFM RR LOOP DETAILED GRADING STA 42+00 TO STA 50+00 DATE ice, —_ TETRA TECH Fx,,xinz.,ce: Sw IL -MA •••• 13 sus r by � -0 Mawr • v2 �Q3p ir•"'s x, go -*1w w je 2-wo z. :oI J EF y C) =.__ PROFILE VIEW RAILROAD LOOP - VERT SCALE 1"= S S S S GPI hPIH Ig o Mall PP 40,7 4,315 IBIS 37 4016.21 IS zti' MARTIN MARIETTA H DEVELOPMENT IS J N O �19 I RR LOOP DETAILED GRADING STA 50+00 TO STA 58+00 rn PET FOP REvaw Mi..is rc4CO.NTe,Dau 1,0 dOO1 OVO2l1IV21 M3iA NVId \§ I� SEE SHEET C-209 STA. 50+00 MATCHLINE TETRA TECH IRPO CpNra,n3O 2,2 Pex rP. r CL RR Cl RR coNN_t,TioN O MARTIN MARIETTA „N, x CE JELOPA-CI RR CROSS SECTIONS MPS& 17 o N41 al �CI0 -"WI r3 -U. Q M3N ew.. -7. �p !! 0 F+ •61 o.Of 0 0 3 mol 0 O 400,5 s..0 PVad,0x:,a sauu.n4S.1EE, nEscRA0,0 DRA,uce PUNS -04W RR CROSS .C70,5 ajar, mmnMEIER cR�cn doo1 avO flIva3' 0 co t O o O O S SER,SE ROAD CI RR N O O o O O O S 0. po S C . RR S sEn��cE Rcw C L. RR __... MARTIN MARIETTA ,µ3G. O_VELO'AIECT RR CROSS SECTIONS MARK DA 7E N 0. 16 - 0XBRx<riaN 'ILLt I TETRA TECH O Fri =- 1:,[1 oNW .- 01 as —I v 00 0 IS. r:b.13 mm - Rio o0 MID 0 - - F+ • ya�� O O i C 3. -- C) 0.020.0 7 55 GI PIA P '240012 13-2009015002,00921:0,0CSIORADIPIO0P02.00E P..2.05200.2 PC CROSS 50_0101.15_ 10 PW, - OPTTE211,2PIPP CHICK dooi oeob�ida n 0 t PEW.. ROAD CLRR o W O o O O O CO GL. RR 0 m MARTIN MARIETTA DEVELOPMENT RR CROSS SECTIONS 12,02 CATE .20,0,2P0‘02 2 ,I2.116 FOR IC FGA COM107. 014 11t) TETRA TECH Poe. lo0O, Ia,SaloIe M2.._ ,J30 2723222 0, 3301)772.133 —``°W W Om (All a43 .s•cri • N v es. A� N• RaMI• • o T1 -J CMa0 B �iae0) e0 O 2 SERVICE ROM) 32, E.A �eeu el door adoa1iea (1 W CO (21 C.C. RR MARTIN MARIETTA HWVY 34 RR CROSS SECTIONS o E D E S E a .1s row 4 2,11, ron naysv C RR it TETRA TECH 2' O02 rru 33371113'3 qg [1..EfiNCE ROAD O 0 O O of 0 _ er CL. RR N O t O O C L RR O MARTIN MARIETTA WI, .0 LO OeVE PMetR RR CROSS SECTIONS IA FOR ,. M ,,5 .. lb TETRA TECH roe., istra4n corn za i e 23 t (307)772•707i IL 0NW a GOD v Z �t ohs 106'•A -u �xNr M vw u00 TI(oo =w 0 N 0 0 MGM _ o 51,416 75: 3e 5.1055,55-240551555,55,5).1555,651CKRADNG OR5555.F. PLA2)515-550 RR CROSS C55 58 DV, 51r TE5145,515 CHUCK : SERV•EE ROAD dool avoallba 8 / CL. RR o CL RR MARTIN MARIETTA - MNY 34 _ Fl )fM1YM RR CROSS SECTIONS IRE N� m..,' z ilvfe lfcRrvmm M TETRA TECH 1555 .55 5,55, StreeK5A.4555 .15,415,5 �.501 rr/ 520 F., .x417„os ;,Tow o ,iw 3,1 T 01 • NIM n - Is ✓ 4 O 02 o T 61 • aE -' m ▪ BB amrl O r a- doo-1 oboa-11V p LSERVIGE ROAD / C.L. RR O o O O O N __S.:EfEECE ROAD CL HR (O m __.._ MARTIN MARIETTA HWY S __ !DEVELOPMENT RR CROSS SECTIONS OD IAAIIK PETE- 1 I TETRA TECH imm '*°w M.<w A I_0 NCO IS al qJ • is- NI ;•N! E' °•~ 5: ••0 • a• o S 0 68 D1 O O O; ,n O CO W o o� O O O o k SERVICE. ROAD CL RR mJ .SEIT,GE PD. 0 0 Q 0 // CL RR MARTIN MARIETTA HWY 74 SF: FLOP,-., RR CROSS SECTIONS OVIE r,311c RDP.REVEWh 5I,0 FOR...00T. .00T. TETRA TECH wan, t!errviaxal r M.�(xu3n2 252 F.. - pm) m -lox op,,,,ref:a A 1 0' 0 0 1 0 Cl RR S 3E.R,EE ROAD C . RR MARTIN MARIETTA HWY 36 OF VEI.GR.4ENT RR CROSS SECTIONS Ei TETRA TECH mew Ft roan m- a� .,b�ms' 035 oA M. -u -IP;Np MIL — a AP o•W a B� •GO 49 CD 0 O y�7 yOerO oa O O 0 1 C.L. SR I MARTIN MARIETTA HLO 34 BEVELOFMENT RR CROSS SECTIONS TETRA TECH None.I/2,32 Fu (3O)O2.0O dOOI Ov02iity SERVICE 'ROAD 00 _ C RR 1.0 A co � o O C) C 00 MARTIN MARIETTA M'A'Y 34 Orv,:OpLvgn RR CROSS SECTIONS ere eun PP PO, SET t L RR z [lit. TETRA TECH 5575.55,1545,•755 'an ( F; (3O)1,2. oz; doo1 adoa1ida S S S CD CL RR 6) (A) MARTIN MARIETTA wr as UEv_ICVMEIJt RR CROSS SECTIONS § o 0 S 1 CL RR TETRA TECH Y.a.ro 0311 717 11",,, 4. �Fml Iix- 0,0 Oa gli+JEL OS, SEA,CE ROAD + O O O O I C L.ft2 MARTIN MARIETTA FiV, .4 UEVE_OP E, RR CROSS SECTIONS PARN tt TETRA TECH ter.34.10 1,0 ,oil n s.v r...t'-n:lnz»931 =- - 06141 ,w ,,_• oNW pool w Z m .-. ZS •A-0 13. Wap gm co o1-1 - 0 —..— • F.QB C c - : J 8 O ft I..20 I 6 511,f P,40211133.2409,15MMAD.HE5,1LE.GRAD.HO DRAMA. PLANS," RR CROSS SEC -DONS O. • WITTENLIEIEP CHUG, d001 GVO?J1JVa n O) CY1 W o 2.8 l RERVILE C L. RR MARTIN MARIETTA CI_ RR HWY 34 OF VEI OM. HT RR CROSS SECTIONS BY TETRA TECH infer tagratot cum (1, {03,„2«Fur 0: F(3133M2oAg J -rw C1(73736,1 _O t) a 09 OD o w 0 is NO $ CL m -eG f A O 2 S 8 Ut O o O O O D 0 D O O O CL RR C RR MARTIN MARIETTA DEVELCP?'ENr RR CROSS SECTIONS 4106. 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