HomeMy WebLinkAbout20161238 BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For:
Platte River Midstream, Inc. — USR15-0068 RECEIVED
DEPARTMENT: Public Works DATE: 3/24/2016
MAR 2 9 liista
PERSON REQUESTING: Rich Hastings WELD COUNTY
COMMISSIONERS
Brief description of the issue:
The Department of Public Works received a request from the applicant's representative, Anne Best Johnson/Tetra Tech,
requesting that the Board of County Commissioners consider approving the Improvements Agreement for the for Mineral
Resource Development Facilities, Oil and Gas Storage with Transloading Facility, (USR15-0068), located at CR's 45
& 66, east of the city of Greeley.
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above-mentioned
signed original document and observed the following:
All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements", are found to be acceptable. The Agreement has been signed by Jay
McDonald/Public Works Director. Revisions to Part 2 of the Agreement were made, and approved by Frank
Haug/Assistant County Attorney.
The Department of Public Works received a request from the applicant's representative, Anne Best Johnson/Tetra Tech,
requesting that the Board of County Commissioners consider accepting off-site collateral in the form of a Company Check
— Platte River Midstream, Inc. (Wells Fargo Bank) in the amount of $3,600.00, for the above-mentioned Improvements
Agreement.
What options exist for the Board ?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1 . The Department's of Public Works, Planning Services and the County Attorney's Office are recommending
approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For
Improvements and the acceptance of off-site collateral for (USR15-0068), and that this item be placed on the next regularly
scheduled BOCC Hearing, as part of the Consent Agenda.
Approve Schedule as Regular
Recommendation BOCC Hearing Item Other/Comments:
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
Julie A. Cozad
Barbara Kirkmeyer
Steve Moreno N 2016- 1238
U:1Engineering'PLANNING - DEVELOPMENT REVIEW\-2015 Planning Referrals 1 SR/5 t SRIS-0068 Blue Grama WestVmprovements Agreement / SRI5-0068
Passaround-B0CC Hearing Request 2016.docx
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Platte River Midstream, Inc. — USR15-0068
THIS AGREEMENT is made this [Q ' day of Ace; , 201 /, by and between Platte
River Midstream, Inc., hereinafter referred to as "Property Owner," and the County of Weld, by and
through its Board of County Commissioners, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the property described in the application to Use
by Special Review USR15-0068, referred to as "the Property," which has been approved by the
County, and
WHEREAS, as a condition of approval of USR15-0064, the Lessee agrees to complete the
improvements required by this Agreement; pursuant to Exhibit A (Costs) and Exhibit B (Schedule)
which are included, and depicted in the Plat Map and, if applicable, the set of accepted Construction
Plans, copies of which shall be attached to this Agreement as they become available and made a part
hereof, as Exhibits C (Plat Map), found at reception number 4200941 and D (Construction
Plans), found at reception number N/A respectively, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for all off-site
improvements required by this Agreement before the Property Owner submits and receives approval
of an application for a Grading Permit, Building Permit or for a Right-Of-Way Permit for construction
of accesses and work within the County and/or State of Colorado Right-Of-Way, or at a time
determined acceptable by the Board of County Commissioners.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
Part 1 (of 2): Site Specific Provisions
- A. Required Off-Site Improvements:
1 .0 Weld County Roads: The Property Owner shall be responsible for the construction and
°_-S maintenance of the following off-site safety improvements, as described in the accepted Exhibit C
(Plat Map) and/or Construction Plans (Exhibit D):P.U i
ze 1 . 1 Construction of adequate turning radii sixty (60) feet at the main entrances and exits
s co to m 3 a which extend partially into CR 66 right-of-way (ROW);
Q) Je 1 .2 Drainage installations;
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ef 1 .4 Standard County approved tracking control, placed across the entire width of the
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a n, roadway, to ensure a complete revolution of the truck tires in order to minimize the tracking
et m -C of mud and debris onto the adjacent County Road;
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Granting of any new point of access may generate additional obligations with County for Off-
Site Improvements and the need to post additional "Road Maintenance Collateral", if applicable. A
County access permit is needed for every access to a County road.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated
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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 shall not be
required to complete the aforementioned offsite improvements until the occurrence of the triggering
event for each improvement, namely the application for the Grading Permit, Building Permit or Right-
Of-Way access permit or the commencement of activities on the property(s).
B . Haul/ cl Routes
1 .0 Established Haul Routes from the facility access point:
1 . 1 Exiting or entering the site: haul vehicles shall enter or exit the site at the approved accesses
onto CR 66 for further dispersal. Any County roads routinely utilized by USR haul traffic
may become part of the established haul routes.
1 .2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
1 .3 In unusual or rare occasions, if particular projects mandate deviation from the above-
mentioned haul route, the County may approve a deviation for a limited period of time (not
more than thirty days). If County approves such deviation, haul vehicles will utilize paved
county roads whenever possible. A deviation from the established Haul route lasting more
than thirty (30) days or requests for two or more deviations within a twelve month period
shall be subject to the terms of Section B.4.0. In the event that haul route traffic, in excess
of 15% of the daily facility haul vehicle trips, utilizes alternate haul routes, the provisions
of Section 4.0 of this Section B shall be triggered.
- 2.0 No Deviation from Approved Haul Routes: Except under the provisions provided in Section
B. 1 .3, no deviation in the use of any roads other than those specifically authorized for use in this
Agreement is permitted without the prior written amendment of this Agreement.
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C3.0 Haul Route Signage(If Applicable): Property Owner shall install haul route signs, as per
mph MUTCD standards, at all exit points of the Property which can be clearly seen by drivers leaving the
re m3 facility and which clearly depict County approved haul routes.
NLl• m 4.0 Effect of Future Changes to Haul Routes: Any future changes to haul routes requiring use of
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--1 unpaved County road may require dust control or paving of such roads, as defined by an amended
1 2" agreement. In such circumstance, County will determine the proportionate share of dust control
d:get_ and/or paving costs to be paid by Property Owner based upon then current vehicle trip counts that
3 m" identify traffic loading due to Property Owner's facility. The amount and extent of dust control and/or
m m a! paving measures will be determined by site-specific conditions at the time, as determined exclusively
! N gti by County personnel.
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5.0 Off-Site Dust Control/Abatement: The Property Owner is required to provide dust abatement
along affected Haul Route Roads approximately two to five times per year, as determined by the
County. County will determine the proportionate share of dust control to be paid by Property Owner.
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's facility. The County will have sole
responsibility for determination of the percentage of haul route traffic on all affected roads.
6.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially
responsible for the excavation, repair, and patching of any damage on current or future haul route
roads, which in the sole opinion of County has been created by vehicle traffic to and from the
Property. Should Property Owner'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's
sourced traffic no longer utilizes the above-described haul route and instead utilizes other portions of
County roads, Property Owner shall cooperate with County in maintenance of said roads which are
included within the new haul route. The type and method of repair will be determined by the County
Engineer or his representative. Repairs shall commence within 48 hours of notification by the County
for any roadway damage that exposes the driving public to adverse or unsafe driving conditions. All
other repairs shall commence within thirty (30) days of receipt of Weld County's written notice.
6. 1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by
Project traffic that causes an immediate threat to public health and safety or renders the
road impassible ("Significant Damage"), County shall, after inspection, notify Property
Owner of such Significant Damage. Property Owner shall identify the repair required and
shall consult with County on the extent, type, timing, materials and quality of repair (i.e.
temporary versus permanent) within twenty-four (24) hours after receipt of such notice
and shall commence such repair within forty-eight (48) hours after receipt of such notice.
If such repair is not commenced within such forty-eight (48) hour period, County shall
have the right to draw on the Road Maintenance Collateral and use such funds to perform
such repair. If Property Owner identifies Significant Damage prior to receiving notice
thereof from County, Property Owner may commence repair of such Significant Damage
and shall concurrently notify County of the extent, type, timing, materials and quality of
repair (i.e. temporary versus permanent).
6.2 Repair of Road: On or before December 31 of the calendar year in which County staff
has determined through site analysis and/or pavement testing that a particular haul route
road portion will require paving measures in order to protect the public health, safety, and
CD -O welfare, and has budgeted sufficient funds for the following calendar year to pay its share
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3 of the Of Site Improvement/Repair Costs, County shall notify Property Owner in writing
SL that the Off-Site Improvements/Repairs shall be undertaken. Within ninety (90) days of
° o its receipt of County's notice of the need to undertake the road maintenance repairs and/or
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mac improvements, Property Owner shall submit Off-Site Construction Plans and Cost
E 2 Estimates to County for review. Property Owner shall have sole responsibility for the
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acompletion of the repairs and/or improvements on or before December 15 of the year
following County s notice of the need for repairs.
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Property Owner's payment for its Proportionate Share of the road repairs/improvements
will be calculated as described in this Agreement.
7.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation
of Property Owner and all other Property Owner and/or Lessees who are required by County to
participate in road improvement/maintenance agreements. As a result of the annual inspection,
County, in its sole discretion, shall determine actual conditions and shall further determine what road
repair/improvement/maintenance work is to be performed during that construction season.
Notification to the Property Owner of the required roadway repairs will be given as soon as the data
becomes available.
8.0 Future Improvements to Haul Routes: If traffic volume or conditions require future
improvements to be made to the haul route(s), including intersections, the County may require
Property Owner 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. Safety improvements to help prevent truck traffic from turning into oncoming traffic, at
the intersections of CR 43 and CR 66, and CR 47 and CR 66, will need to be installed when triggers
are met.
Other roadways Improvements may be triggered due to heavy truck traffic associated with
the facility including additional turn lanes onto CR 66; the following is a list of the triggers
for turn lanes:
a. 25vph turning right into the facility during a peak hour.
b. 50 vph turning right out of the facility during a peak hour.
c. 10vph turning left into the facility during a peak hour.
9.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage
increases beyond the point that repair of damage cannot maintain the road in a safe and usable
condition, Property Owner shall pay a proportionate cost of a complete road restoration. Notification
_ to the Property Owner of the required roadway replacements will be given as soon as the data becomes
available and typically takes place before the end of the year prior to the start of the replacement
project.
4.1
4 10.0 Proportionate Share of Road Maintenance Responsibilities:
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, 10. 1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement,
paving, repairs, maintenance, improvements, or future road replacement of any particular
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in m Haul Route Road. Property Owner's Proportionate Share shall be based upon the
V> L — percentage of traffic on the road that is attributable to Property Owner's facility. County
o 0 3 personnel will determine the percentage based on then current Equivalent Single Axle
Load (ESAL) Counts. Property Owner shall not be responsible for traffic that is not
sourced from the Property Owner's facility.
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a •• 10.2 The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs. Prior to County's final
A m ate- determination and assessment, County shall provide Property Owner with a reasonable
n �Y `~ opportunity to review, comment upon and supplement County's data, collection
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methodology, and determinations. The County shall review and consider Property
Owner's input prior to making a final determination and assessment. The County shall
have sole responsibility for determination of Property Owner's proportionate share of
costs.
11 . Road Maintenance Collateral: Property Owner shall post Road Maintenance Collateral as
described by Part 2 of this Agreement.
C. On-Site lmprovements( Not Applicable)
1 .0 Landscaping and Fencing Requirements: Property Owner shall at its own expense, plant,
install and/or maintain all grass and other landscaping and re-seeding where applicable as shown on
the accepted Construction Plans and/or Plat Map. Additionally, the Property Owner shall install
and/or maintain fencing to screen the property where applicable as indicated on the accepted
construction plans and/or Plat Map. In the event any of these improvements may include work
extending into State or County Right-Of-Way, a Right-Of-Way or access permit is required.
2.0 On-Site Grading, Drainage Facilities and Paving: Property Owner shall, at its sole expense,
grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and
install accepted drainage and signage components, adjacent to or within the interior portion of the
property in accordance with the directives of the Weld County Department of Public Works and
Department of Planning Services, as further described in the accepted Construction Plans and Plat
Map. Any other on-site improvements shall be completed as indicated on the accepted Construction
Plans for this facility. Property Owner shall be responsible for all maintenance of the on-site
improvements. Additional infrastructure improvements will be addressed at the time of application
for any future amended USR. Some of these improvements may include work extending into State or
County Right-Of-Way in which case a Right-Of-Way or access permit is required.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any conditions
or considerations granted by the Board of County Commissioners, Property Owner shall not be
required to initiate any applicable landscaping requirements until the occurrence of the triggering
event for all improvements, namely the approval of the grading permit or an amendment to the
existing USR. Except with prior County consent, no grading permit will be released until collateral is
posted for all off-site improvements and the final Construction Plans have been submitted to and
__ accepted by the Department of Public Works. Access and/or Right-Of-Way permits might also be
8 Y required prior to approval of the grading permit. Grading shall not commence until Construction
>14-1; Plans are accepted. Any alterations to the accepted Construction Plans must be accepted in writing
`o al-- by the County Planning and Public Works Departments. At that time, and unless otherwise amended,
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pa. •-. Property Owner agrees that all landscaping and other on-site improvements shall be completed within
the parameters established in this Agreement.
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m ar.% U:\Engineering\PLANNING — DEVELOPMENT REVIEW\-2015 Planning Referrals\USRl5\USR15-0068 Blue Grama West\Improvements
N Y .J Agreement\Platte River Midstream (USR15-0068) - Part 1 Final IA (3-10-16).docx
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Platte River Midstream, Inc. — USR15-0068
Part 2 : General Provisions
A. General Requirements:
1 .0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering
services in connection with the design and construction of the improvements identified on the
accepted Construction Plans according to the construction schedule set forth in Exhibit "B," both
of which are attached hereto and incorporated herein by reference.
1 . 1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the standards
and criteria established by the County for public improvements.
1 .2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission of
necessary documents to the County.
1 .3 Property Owner shall furnish construction drawings for the road improvements on
public rights-of-way or easements and all improvements interior on the Property for
approval prior to the letting of any construction contract.
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 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 shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and Plat Map, be solely responsible
2 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.
S 3. 1 Said construction shall be in strict conformance to the plans and drawings accepted by
a m the County and the specifications adopted by the County.
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44.:4; — 3 .2 Property Owner shall employ, at its own expense, a qualified testing company
to o l t previously approved by the County to perform all testing of materials or construction;
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and shall furnish copies of test results to the County. If County discovers
Yock. . inconsistencies in the testing results, Property Owner shall employ at its expense a third
eicrparty qualified testing company approved by County. Such third party shall furnish the
m" t certified results of all such testing to the County.
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3.3 At all times during said construction, the County shall have the right to test and inspect,
or to require testing and inspection of material and work, at Property Owner's expense.
Any material or work not conforming to the approved plans and specifications,
including but not limited to damages to property adjacent to the construction plan area
shall be repaired, removed or replaced to the reasonable satisfaction of the County at
the expense of Property Owner.
3 .4 Permits. Property Owner 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 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, the County shall accept the Property Owner's off-site improvements, such
acceptance not to be unreasonably withheld or delayed, if the following conditions are met:
• The off-site improvements have been completely constructed, and
• The Property Owner'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
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improvements designed and/or constructed by others.
}= 5.2 If approved by the County Engineer, portions of the improvements may be placed in
service, but such use shall not constitute an acceptance by the BOCC.
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a ake. 5.3 County may, at its option, issue building permits for construction for which the
cp 0 improvements detailed herein have been started but not completed according to the
rzcc schedule shown on Exhibit "B," and may continue to issue building permits so long as
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-. Q. ti = the progress of work on the USR improvements in that phase of the USR is satisfactory
ato the County, and all terms of this Agreement have been faithfully kept by Property
Owner.
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g g o ti 6.0 Warranty Period: Property Owner agrees to warrant the improvements for two years from
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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, the County Engineer shall inspect the
improvements and direct the Property Owner to correct any deficiencies. The County Engineer
shall re-inspect after all corrections have been completed. If the County Engineer finds that the
improvements are constructed according to County standards and the accepted Construction Plans,
he/she shall recommend full acceptance. Upon receipt of the County Engineer's unqualified
recommendation for acceptance, the BOCC shall accept the improvements.
7.0 General Requirements for Collateral: County requires Property Owner to provide collateral
to guaranty all of Property Owner'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 shall submit Project Collateral in a form accepted
by Weld County to guarantee completion of any off-site improvements. Such collateral
must be equivalent to One-Hundred Percent ( 100%) of the value of the improvements
as shown in this Agreement. This collateral must be submitted to County upon the
execution of this Agreement, or at a time determined acceptable by the BOCC, and
shall be held in total by County until such improvements are accepted and collateral is
released by the BOCC.
7.2 Warranty Collateral for all off-site improvements shall be submitted to County and
shall be held in total by the County for two (2) years following its written acceptance
of the improvement(s).
7.3 If required by Part 1 of this Agreement, Road Maintenance Collateral shall be
submitted to County at the time of approval of this Agreement. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads.
7.4 Collateral may be in any form permitted by Weld County Code Chapter 2, Section 3 .
7.5 The Board of County Commissioners reserves the right to reject collateral as permitted
by Weld County Code Chapter 2 Section 3.
7.6 Collateral shall be released in accordance with theprovisions of Weld County Code
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5e Chapter 2 Section 3.
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G m 13. Violations of Agreement and Remedies
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46 1 .0 Violation of Terms of Agreement: If in County's reasonable opinion, Property Owner has
co gad violated any of the terms of this Agreement, County shall so notify Property Owner and shall state
with specificity the facts and circumstances which County believes constitute the violation.
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a Property Owner shall have thirty (30) days within which to either cure the violation or demonstrate
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compliance. Thereafter, County may seek any remedy described in this Agreement or otherwise
m" t provided by law.
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2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the
earliest of the following events:
2. 1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur
upon Property Owner'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 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 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 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's USR, except that the Property Owner shall only be released from
this Agreement after the successful completion of all improvements required under this
Agreement, which may be completed by County after accessing Property Owner's
collateral if Property Owner fails to complete such improvements.
3.0 Revocation of USR: Property Owner acknowledges that failure to comply with the material
terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option
in its sole reasonable 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 in order to complete the improvements required
under this Agreement, if Property Owner fails to do so for any reason, after receiving notice of a
violation of the terms of this Agreement as provided herein.
si 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
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completing improvements as described above.
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m m -r C. Miscellaneous Provisions.
o v .�. •1 .0 Definitions:
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1 . 1 All references in this Agreement to "County Engineer" shall refer to the any individual
a or individuals appointed by the County Engineer to act on his/her behalf
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m " 3 1 .2 All references to "Haul Routes" include identified travel routes for subdivisions;
areferences to "haul vehicles" include subdivision vehicular traffic, as applicable.
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1 .3 All references to "Property Owner" shall include any individual or entity, including an
"Operator", who is acts on behalf of the Property Owner 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 without the express written consent of County and the written
agreement of the party to whom the obligations under this Agreement are assigned. Property
Owner's release of its obligations shall be accomplished by County's execution of a new
Improvements Agreement with the successor owner of the property. Consent to a delegation or an
assignment will not be unreasonably withheld or delayed by County. County's rights and
obligations under this Agreement shall automatically be delegated, transferred or assigned to any
municipality which, by and through annexation proceedings, has assumed jurisdiction and
maintenance responsibility over the roads affected by this Agreement. All of the terms and
conditions set forth in this Agreement shall be binding upon the heirs, executors, personal
representatives, successors and assigns of Property Owner, and upon recording by the County,
shall be deemed a covenant running with the land herein described.
3 .0 Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24- 10- 101 et seq., as
applicable now or hereafter amended.
4.0 No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
not included in this Agreement. It is the express intention of the undersigned parties that any person
or entity, other than the undersigned parties, receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
2 this Agreement. This Agreement may be changed or supplemented only by a written instrument
-0 signed by both parties.
2 6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not
u be valid until it has been. approved by the Board of County Commissioners of Weld County,
es) z Colorado or its designee.
cfl is) cv -.
o 7.0 • Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant
ode: thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
CCM y provision included or incorporated herein by reference which conflicts with said laws, rules and/or
la a s regulations shall be null and void. In the event of a legal dispute between the parties, Property
IL c ;I-
t Owner agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said
N _ dispute.
to
m N asi 8.0 Severability: If any term or condition of this Agreement shall be held to be invalid, illegal,
� r � _ Page 10 of 12
N � `� -
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract
Professional, concerning this Agreement, the parties agree that each party shall be responsible for
the payment of attorney fees and/or legal costs incurred by or on its own behalf.
10.0 Binding Arbitration Prohibited:, Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
11 .0 Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents
and warrants that he or she is duly authorized and has legal capacity to execute and deliver this
Agreement. Each party represents and warrants to the other that the execution and delivery of the
Agreement and the performance of such party's obligations hereunder have been duly authorized
and that the Agreement is a valid and legal agreement binding on such party and enforceable in
accordance with its terms. If requested by the County, Property Owner shall provide the County
with proof of Property Owner's authority to enter into this Agreement within five (5) days of
receiving such request.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY OWNER :
SIGNATU ;AA—
PRINTED NAME /r- One.AbezLey
TITLE (If Applicable). z-a y EA16/460Z__
0 c
STATE OF
of WUaJ einta ) ss.
County )
The foregoing instrument was acknowledged before me this II day of reh , 2016,
by .. A d • j�' rnc' S
LA BONES
WITNESS my hand and official seal. SIVA titan) Notary Public , State of Oklahoma
Commtasion # 13000-848
Notary Public My Commission Expires January 24, 2017
LESSEE (If Applicable):
SIGNATURE 4207570 Pages : 11 of 16
05/ 31 /2016 02 : 14 PM R Fee : $0 . 00
PRINTED NAME Carly Koppes Clerk and Recorder Weld County CO
in; FIAT PtiVj!:4n , 14 II II
TITLE
Page II , )i I _2
STATE OF COLORADO )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of , 2016,
by .
WITNESS my hand and official seal.
Notary Public
ATTEST: C ;,A, BOARD OF COUNTY COMMISSIONERS
Weld C • ty er k to e Boar WELD COUNTY, COLORADO
BY:
Deputy Cl k to the Bo . Jfr 1. • �� % ike Freeman, Chair APR 0 6 ZL ;6
/ 0
4,1 Pp
APP OVER S TO FORM. tei1 ` " :S PROVED AS TO TANCE:
County Attorney � 1 r � lected Offici or Department Head
U:\Engineering\PLANNING - DEVELOPMENT REVIEW\--2015 Planning Referrals\USRI5\USR15-0068 Blue Grama West\Improvements
Agreement\Platte River Midstream (USR I 5-0068)- Part 2 Final IA (3-10-16).docx
4207570 Pages : 12 of 16
05/31 /2016 02 : 14 PM R Fee : $0 . 00
Carly Koppes Clerk and Recorder Weld County . CO
II II
Page 12 of 12
Of/ — /dit
EXHIBIT A - Cost Sheet (OFF-SITE )
Name of Facility: Lucerne West Filing/Case #: USR15-0068 Location: WCR66 btwn 43 & 45
Personnel Contact: Name Warner Brad ey Title: Project Manager Phone: 405-421 -0152
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements (OFF-SITE)
(Leave spaces blank where they do not apply )
Quantity Units Unit Costs ($) Estimated Construction
Cost ($)
,J,PUBLIC WORKS,J,
Site Grading
Street Grading
Street Base, Gravel for Parking
Street Paving
Pavement Marking
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access Improvements
Erosion Control Measures/BMY's
Road Maint. Collateral (per Sec. E.-7.5) $3 ,600 00
Dust Control (per Sec. E.-7.5.2)
Fire Hydrants
Survey, Street Monuments/Boxes
,j,PLANNING SERVICES J,
Parking Area, Curb Stops, Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
Park Improvements 4207570 —
Pages : 13 of 16
Handicap Accessibility, Parking & Rails 05/31 /2016 02 : 14 PM R Fee : $0 . 00
$0 . 00
Carly�� Koppes ,N'Clerk
,,,,��and Recorder , `Weld �Coounty , COQ W `
Septic Systems I��� N, 04%400 II I AVIJIKCI T YT'��i�I'llil i i'r,IF
Ill l!
SUB-TOTAL: $3,600.00
(Testing, inspection, as- uilt plans and work in ad ition to preliminary and
Engineering and Supervision Costs ($) final plat; supervision of actual construction by contractors) $3,600.00
TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION ($) $3,600 .00
EXHIBIT A - Cost Sheet (OFF-SITE ) - Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
By' azasAM
✓
Applicant
S2 To3 Erx EmstAie. Date gj /)I4QC H , 20 /6
Title
By:
Applicant
Date , 20
Title
4207570 Pages : 14 of 16
05/31 /2016 02 : 14 PM R Fee : $0 . 00
Carly Koppes . Clerk and Recorder . Weld County . CO
■III M��1�tt��N��ti4�:�G ��l��'i�� I��K� N fiM L* ,h h0,1?IP 1I II
EXHIBIT B - Time Schedule (ON-SITE) & (OFF-SITE )
Name of Subdivision, PUD, USR, RE, SPR:_Lef st Filing/Case #: USR15-0068 Location: WCR66 btwn 45 8( 43
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within 3 years from the date of approval of the final plat.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do not apply )
(ON-SITEl fOFF-SITE)
IPUBLIC WORKS]
Site Grading
Street Grading
Street Base, Gravel for Parking
Street Paving
Pavement Marking
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access
Erosion Control Measures/BMP's
Fire Hydrants
Survey, Street Monuments/Boxes
I,PLANNING SERVICES J,
Parking Area, Curb Stops, Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
Park Improvements
Handicap Accessibility, Parking & Rails
4207570 Pages : 15 of 16
Septic Systems 05/31 /2016 02 : 14 PM R Fee : $0 . 00
Car1v Koppes fierK and Recorder
lilt k��.r�l'��I�u N1rWield
Cf Count
'll'
1I III
Final Completion Date for Entire Proiect December, 2018
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:a%)it-0441/414k
Applicant
R r SeC-l- ENCs/ Date 't 4 Gti , 20 1'
Title
By:
Applicant
Date , 20
Title
4207570 Pages : 16 of 16
05/31 /2016 02 : 14 PM R Fee : $0 . 00
Carly Koppes , Clerk and Recorder , Weld County . Co
■III W ?jP1n uicah 1%JJ. r 1'P.«1L JI 1« 'iFtiH.P., I"iii, II III
O:\New Version Agreement\Exhibits\201 3\Exh B Time Schedule-FINAL(2013).xlsx
• . I M - I
g
1344
Platte River Midstream, INC. Wells Fargo Bank, N.A.
7800 N Dallas Pkwy, Suite 320
Plano. Texas 75024 1 /25/2016
PAY TO THE Weld County Public Works *"3,600.00
ORDER OF
Three Thousand Six Hundred and 00/100 DOLLARS
Weld County Public Works I
PO Box 758 t
Greeley , CO 80632 n
t
Memo
Permitting-Lucerne Facility `, "P
Platte River Midstream, INC. 1 344
Weld County Public Works 1 /25/2016
Date Type Reference Original Amt Balance Due Discount Payment
1 /25/2016 Bill Permitting 3,600. 00 3,600 00 3,600. 00
Check Amount 3,600.00
Checking Permitting-Lucerne Facility 3.600.00
-o
RECEIPT
DATE 4tLit4 - NO. 88673
(12 <RECEIVED FROM --P 1tjJj kWo E1vIet � dS v
U ob o ADDRESS
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CASH
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MONEY
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