HomeMy WebLinkAbout20150724.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF-SITE COLLATERAL FOR MINOR
AMENDMENT TO USE BY SPECIAL REVIEW PERMIT, MUSR14-0020 - READY
MIXED CONCRETE COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on April 29, 2009, the Weld County Board of Commissioners approved the
application of Morton Lakes, LLC, 4395 Washington Street, Denver, Colorado 80216, for a Site
Specific Development Plan and Use by Special Review Permit #1682, for Mineral Resource
Development Facilities, including a Concrete Batch Plant, Recycled Concrete and Gravel Mining,
and the importation of mineral resource material from USR-1608 (Holton Lakes), in the A
(Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption #1525; being part of
the SE1/4 of Section 1, and the NE1/4 of Section 12,
Township 1 North, Range 67 West; together with a
Non-Exclusive Easement and Right of-Way for
ingress and egress purposes as granted at
Reception No. 02005215 and all right of access,
ingress, and egress for agricultural purposes over
and across existing traveled roads delineated on Lot
A of Recorded Exemption #835, being part of the
SE1/4 of Section 1, Township 1 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, on November 13, 2014, Planning Staff approved MUSR14-0020, a Minor
Amendment to USR-1682, to amend the primary point of ingree and egress into and out of the
mine from an angled point directly across from the City of Fort Lupton's Pearson ball fields to a
point farther to the west and at a location with known inbound and outbound truck traffic currently
! utilized by A&W Water Services and Anadarko Petroleum tanker trucks. Ready Mixed Concrete
Compay is now the property owner having acquired this property in October, 2012, and
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
mor with an Improvements and Road Maintenance Agreement According to Policy Regarding Off-Site
coma Collateral for Improvements between the County of Weld, State of Colorado, by and through the
NV,LY Board of County Commissioners of Weld County, and Ready Mixed Concrete Company, with
o vas terms and conditions being as stated in said agreement, and
rl�yZ
� �� WHEREAS, the Board has been presented with Company Check #78480 from Ready
ma'; Mixed Concrete Company, P.O. Box 2290, Denver, CO 80201, drawn on Citywide Bank, in the
a° amount of $3,600.00, and
m
WHEREAS, after review, the Board deems it advisable to approve said agreement and
mN o accept said Company Check #78480, as stated above, copies of which are attached hereto and
�m>.a incorporated herein by reference. C� :?i ujCRIVO->>` 10<D) 4/pp
O ` =nr 2015-0724
PL2010
IMPROVEMENTS AGREEMENT- READY MIXED CONCRETE COMPANY
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvements between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Ready Mixed Concrete Company, be, and hereby is,
approved.
BE IT FURTHER RESOLVED that Company Check#78480 from Ready Mixed Concrete
Company, P.O. Box 2290, Denver, CO 80201, drawn on Citywide Bank, in the amount of
$3,600.00, 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 18th day of March, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: WeAct) �
Barbara Kirkmeye , Chair /
Weld County Clerk to the Board •
Mike Freeman, PR-T em
ty Clerk to a Bo
_
• � an P. Con ay
It61 I '!tr!���
APPROVED AS TO FORM. ;'� -- c.t i/ ' er
lie A. Cozad
/ Z
County Attorney _ ) <<"'"
'1 Steve Moreno
Date of signature: 44 i
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Carly Koppes. Clerk and Recorder, Weld County, CO PL2010
VIII Ml 111Rrll lili+A F,4t INICA iPOilyi III III
MEMORANDUM
TO: Clerk to the Board
DATE: 3/11/2015
�1{ f✓ FROM: Richard 1lastings, Public Works Department
GO V-N T Yr7-1
SUBJECT: BOCC Agenda Item - Approve Improvements
Agreement and Accept Collateral For:
Ready Mixed Concrete Company (MUSR14-0020)
Request for Approval of Improvements Agreement:
The Department of Public Works received a request from the applicant's representative, Michael
J. Hart/Hart Environmental, requesting that the Board of County Commissioners consider
approving the Improvements Agreement for the Mineral Resource Development Facility,
(MUSR14-0020), located at CR 23 & SH 52,west of the town of Fort Lupton.
Weld County Public Works Department 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.
Request for Acceptance of Collateral:
The Department of Public Works received a request from the applicant's representative, Michael
J. Hart/Hart Environmental, requesting that the Board of County Commissioners consider
accepting off-site collateral in the form of a Company Check —Ready Mixed Concrete Company,
(City Wide Bank) in the amount of$3,600.00, for the above-mentioned improvements Agreement.
0--• Recommendation:
The Department's of Public Works and Planning Services arc recommending approval of the
Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For
m3# Improvements and the acceptance of off-site collateral, in an amount of $3,600.00, for Ready
N Mixed Concrete Company (MUSR14-0020).
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0 Kim Ogle, Planning Services 2015-0724
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ptojm=_ LI:Tneineenng PLANNING MVGLOPMGAI RLVILW,—?013 Planning Referrals vMGSRl4\MSI214-0020 RMCCAApprove IA K Accept
ami� Collateral(MUSRN-0020)RMCC-MGMO.docx
Fri
HART ENVIRONMENTAL
PC) Box i m BouIdu Colorado A0 3od Phone:
hone 303.444
6602
March 3, 2015
Mr. Richard Hastings
Weld County Public Works
1111 H Street
Greeley, CO 80632
RE: MUSR14-0020 Morton Lakes Improvement Agreement
Rich:
Transmitted with this letter please find the Morton Lakes Improvements Agreement (IA)
for MUSRI4-0020. The enclosed IA has been signed and notarized by Ready Mixed Concrete
Company's authorized representative Bill Timmons along with Exhibit"A" off-site and Exhibit
"B,>
Please don't hesitate to contact me if you have any questions regarding the enclosed.
Sincerely,
Michael J. (Mike) Hart
Encl:
Copied Electronically to: Bill Timmons, RMCC
Kim Ogle, Weld Planning Dept.
Milani, nan61
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Rt,L mdhmilhsi,p; Carly Koppes. Clerk and Recorder. Weld County. CO
Pemuthnil 6 zonu2a III F1 tAkirliiMIM liNLI:ir,h1k1LY li4'4l II'ri II III
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1E1DY MUSH/ {— 0020 —jai SA>K 78480
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DATE AMOUNT
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TO THE Weld
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AUTHORIZED SIGNATURE
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READY MiXEC. CONCRETE COMPANY
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Carly Koppes. Clerk and Recorder, Weld County. CO
11111
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
READY MIXED CONCRETE COMPANY
MUSR14-0020
Part 1: Site Specific Provisions p
THIS AGREEMENT is made this �0 day of MI 1 , 201 , by and between Ready
Mixed Concrete Company (RMCC), whose address is 4395 Washington Street, Denver, Colorado
80216, a Colorado corporation in good standing (hereinafter referred to as "Property Owner,"), and
the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board
of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 (hereinafter
referred to as "County"). The County and RMCC may be referred to collectively herein as the
"Parties" or individually as a"Party".
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described 7.3 acres of real
property in the County of Weld, Colorado:
Lot B of Recorded Exemption No., 1469-01-4-RC-4569; being part
of the SE 1/4 of Section 1, Township 1 North, Range 67 West of the
6th P.M., Weld County, Colorado and, Lot B of Recorded Exemption
No., RE-1525; being part of the SE %4 of Section 1, and the NE '/4 of
Section 12, Township 1 North, Range 67 West; together with a Non-
Exclusive Easement and Right-of-Way for ingress and egress
purposes as granted at Reception No. 02005215 and all right of
access, ingress and egress for agricultural purposes over and across
existing traveled roads delineated on Lot A of Recorded Exemption
No. 835, being part of the SE '/4 of Section 1, Township 1 North,
Range 67 West of the 6`h P.M., Weld County Colorado.
hereinafter referred to as "the Property" or "the Site";
WHEREAS, by resolution dated April 29, 2009 the Weld County Board of County
Commissioners approved a Site Specific Development Plan and Use by Special Review Permit,
USR-1682 for a Mineral Resource Development Facility including a concrete batch plant, recycled
concrete and gravel mining facility, and the importation of mineral resource material from USR-
1608 (Holton Lakes) and Service Facility (truck parking, maintenance, repair and office associated
with Mineral Resource Development) on property located immediately adjacent to and contiguous
with the Property that is the subject of this Agreement;
WHEREAS, by resolution dated October 4, 2010, recorded at Reception No. 3725305 in
the office of the Weld County Clerk and Recorder on October 14, 2010, the Weld County Board of
County Commissioners approved an "Improvements Agreement According to Policy Regarding
Collateral for Improvements (On-Site Only) for Use by Special Review #1682" by and between the
County and RMCC (the "October 2010 IA") as required by the Conditions of Approval of the April
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Carly����MK1lL,Zlu��fi('LI,� k,i Recorder,
l,+ll!e�hllkLlu�l .k�� } IIIII O7O15,O7a
29, 2009 resolution;
WHEREAS, the October 2010 IA addresses the on-Site improvements required on the real
property identified therein and nothing contained in this Agreement is intended to modify or revise
the obligations of RMCC under the terms and conditions of the October 2010 IA;
WHEREAS, Paragraph A of the October 2010 IA provides that in the event that direct
access is required to the real property subject to USR-1682, RMCC shall apply to the County
and/or the Colorado Department of Transportation ("CDOT") for the required permits, as needed;
WHEREAS, on October 26, 2012 Property Owner acquired the Site, a portion of which is
located immediately adjacent to and contiguous with the Colorado State Highway 52 right-of-way,
for the purpose of facilitating direct access from Colorado State Highway 52 to the real property
subject to USR-1682;
WHEREAS, on September 10, 2014 the Property Owner filed a Minor Amendment
application with Weld County for the purpose of amending the boundaries of USR-1682 to include
the Site and as needed to facilitate direct access from Colorado State Highway 52 to the real
property subject to USR-1682;
WHEREAS, the Property Owner applied for and on September 17, 2014 CDOT issued the
Property Owner Access Permit No. 41400, a copy of which is set forth in Exhibit "C" hereto,
which grants Property Owner permission to access Colorado State Highway 52 at the location
identified in the permit which is located on the Property adjacent to and contiguous with the
Colorado State Highway 52 right-of-way;
WHEREAS, the Property Owner acknowledges that the issuance of MUSR14-0020 is
made conditional upon the Property Owner performing the improvements which are described in
this Agreement and as depicted on the Plat Map and as set forth in the set of Construction Plans
approved as a condition of CDOT Access Permit No. 41400 (hereinafter the"Improvements");
WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County
Code Sec. 23-2-290, the failure to commence construction of the Improvements outlined herein or
to commence the use of the Site as approved in MUSR14-0020 within three (3) years of the
approval of the MUSR14-0020, may result in the revocation of MUSR14-0020, upon consideration
and order of the Board of County Commissioners;
WHEREAS, the Property Owner agrees that the failure to record the Plat Map within the
time limits imposed by the Weld County Board of County Commissioners, may result in the
revocation of MUSR14-0020, upon consideration and order of the Board of County
Commissioners; and
WHEREAS, the Parties agree that the Property Owner shall provide collateral for all
Improvements required by this Agreement (if any) when 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.
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Carly Kappes. Clerk and Recorder. Weld County. CO
VIIIM��1�'L�R h��'Ifi��Yidih�I K h�,�A�G�til' Ili II MI
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
A. Required Improvements:
1.0 State Highway 52: The Property Owner shall be responsible for the construction of
the Improvements, which shall include: construction of adequate turning radii of not less than sixty
(60) feet at the main entrance and exit which extends partially into the State Highway 52 right-of-
way (ROW), drainage and signage installations, all as required by the CDOT Access Permit No.
41400. The main entrance Improvements will include asphalt paving a minimum of: (i) 100 x 30
feet into the site from State Highway 52 and a double cattle guard set (one right after the other); or
(ii) 300 x 30 feet into the site from State Highway 52 placed across the entire width of the roadway
access, to ensure a complete revolution of the truck tires in order to minimize potential hazardous
safety conditions relative to the tracking of mud and debris onto the adjacent State Highway 52
roadway.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated Improvements, as specified above in Section A.1.0, on the State Highway 52 entrance,
which include all construction Improvements approved by CDOT under the terms of Access Permit
No. 41400 and for all expenses associated therewith. These responsibilities include, but are not
limited to the following: (i) design, surveys, utility locates, present and future right-of-way
clearances and permits; (ii) coordination with oil and gas operators and facilities, and affected
irrigation facilities; (iii) traffic control; and (iv) project safety during construction. Property Owner
shall comply with all applicable Occupational Safety and Health Administration (hereinafter
"OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter
"CDPHE") requirements and the requirements of any other applicable Federal, State or County
regulatory agency.
3.0 Engineering Design and Construction Plans: For the Improvements described in
Sections A.1.0 and A.2.0 above, all engineering designs and construction plans must be provided
by Property Owner to the County.
4.0 Construction Standards: All construction and materials controls for the
Improvements described in Sections A.1.0 and A.2.0 above shall conform to the requirements
provided for in CDOT Access Permit No. 41400.
5.0 Traffic Control: During construction of the Improvements described in Sections
A.I.0 and A.2.0 above, appropriate safety signage shall be posted in accordance CDOT Access
Permit No. 41400 and the current version of the Manual of Uniform Traffic Control Devices
(hereinafter "MUTCD").
6.0 Off-Site Dust Control/Abatement (If Applicable): The Property Owner shall
provide dust abatement on the area of the Improvements and for on-Site haul routes (hereinafter
"Haul Routes") as needed and as determined by the County. County will determine the
proportionate share of dust control (if any) to be paid by the Property Owner based upon then
current Equivalent Single Axle Load ("ESAL") Counts that identify traffic loading due to Property
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Carly Koppes. Clerk and Recorder. Weld County, CO
X111 t4i�1''��Fi��t 4Jl�I�',UhiI Fill tleNlif@iiAllyh II III
Owner sourced traffic. The amount and extent of dust control will be determined by site-specific
conditions at the time, as determined by County personnel. In order to accurately determine
percentage of Property Owner haul traffic, the County reserves the right to install traffic counters
on the driveway(s) of their facility. The percentage of haul traffic utilizing County roads in the
vicinity of the site attributable to Property Owner (or their contractors, clients, tenants, or
customers) activities will be determined by traffic counts conducted by the County on the primary
and requested alternate or revised haul routes. The County will have sole responsibility for
determination of the percentage of haul route traffic on all affected roads.
7.0 Future Improvements: (If applicable) Future improvements to the area of
Improvements and/or Haul Routes may be required by County and/or CDOT. Property Owner shall
address all County access issues associated with afore-mentioned Haul Routes (if any). Future
County mandated measures may include improvements to any Haul Route intersections or
roadways then utilized by the Property Owner. The Property Owner shall pay a proportionate share
of the cost of the entire project including engineering designs and construction plans based on its
share of ESAL counts using then current data on the Haul Routes in the implementation of the
above-mentioned improvements. County personnel shall make all determinations regarding the
gathering of and use of traffic data when making decisions regarding cost sharing for future
improvements. In order to accurately determine percentage of Property Owner haul traffic (if any),
the County reserves the right to install traffic counters. Any future improvements shall be subject
to applicable Federal, State or County regulations in place at the time the future improvements
project is initiated. Improvements to Haul Routes may be triggered due to heavy truck traffic
associated with the facility.
8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23-
2-290 and any conditions or considerations granted by the Board of County Commissioners, the
Property Owner shall not be required to complete the aforementioned Improvements as described
in Sections A.1.0 and A.2.0 until the occurrence of the triggering event, namely the application for
the Grading Permit, Building Permit or Right-Of-Way access permit or the commencement of
activities on the real property subject to USR-1682. At that time, the Property Owner agrees that
the required collateral will be posted and that the Improvements shall commence and shall be
completed within the parameters established in Sections A.3.0 and D.7.5 (Road Maintenance
Collateral), and Exhibit "B", hereto.
9.0 Acceptance of Improvements: Upon completion of the Improvements described in
Sections A.1.0 and A.2.0 above, RMCC shall contact a representative of the Weld County
Department of Public Works and request an inspection of the same. The County's representatives
may then initiate the acceptance process set forth in Sections D.6.1-6.3.
9.1 All references in this Agreement to "Acceptance of Improvements" shall
refer to the County confirming completion of said improvement(s) according
to the accepted Construction Plans associated with CDOT Access Permit No.
41400. By accepting any improvement, the County does not thereby accept
said improvement for purposes of future maintenance, nor does the County
accept any present or future responsibilities or obligations relative to these
Improvements.
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Carly Koppes. Clerk and Recorder. Weld County, CO
■III M��1R'�;r',d�l�� l ',K'�i�ti«4Jl:Fb11�1"di' i�, 11111
B. Access :
1.0 Established Access - from the facility access point:
1.1 Exiting or entering the site: haul trucks shall enter or exit the site at the
approved accesses onto State Highway 52 as provided in CDOT Access
Permit No. 41400, for further dispersal east or west on State Highway 52.
1.2 No haul trucks 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 access for a limited period of time (which is defined in this
Agreement as a period of not more than thirty (30) days), County shall
establish the time that the deviation is allowed. 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 Access Route Signat;e (If Applicable): Property Owner shall install access signage
per MUTCD standards, at all exit points of the Property which can be clearly seen by drivers
leaving the facility and which clearly depict County approved haul routes.
3.0 No Deviation from Permitted Access: Except under the provisions provided in
Section B.1.3, no deviation in the use of access other than that specifically authorized for use in this
Agreement is permitted without the prior written amendment of this Agreement by the Parties.
4.0 Effect of Future Changes to Access: In the event that County is requested by the
Property Owner to approve the use of an additional access or alternative access as a result of a
change in Property Owner's activities and/or truck circulation patterns, and if the alternative or
additional access utilizes any unpaved portion of County roads, and if County determines that dust
control or paving is required on the unpaved portion of said access, Property Owner agrees that
dust control or paving measures to protect the public health, safety, and welfare shall be instituted.
County will determine the proportionate share of dust control and/or paving costs (if any)to be paid
by the Property Owner based upon then current truck trip counts that identify traffic loading due to
Property Owner-sourced traffic. The amount and extent of dust control and/or paving measures will
be determined by site-specific conditions at the time to be determined by County personnel.
C. Maintenance Requirements:
1.0 Obligation to Maintain Current and Future Improvements and Haul Routes: Property
Owner shall be financially responsible for the excavation, repair, and patching of any damage on
current or future Improvements and Haul Routes identified in Section B.1.0, which in the sole
opinion of County has been created by hauling to and from the Property. Should Property Owner's
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Carly Koppes. Clerk and Recorder. Weld County. CO
VIII l4i�1Rl4Pn:'fl�'�G14�N�'+�Er'KP I PIOL'VISOY41}, II II
or Site operator's activities and/or should their truck 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, the 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.
1.1 Need for Immediate Repairs: In the event of damage to the Haul Route that
causes an immediate threat to public health and safety or renders the road
impassible ("Significant Damage"), County shall, after inspection, notify the
Property Owner of such Significant Damage. Property Owner shall consult
with County on the location, extent, type, timing, materials and quality of
repair (i.e. temporary versus permanent) within twenty-four (24) hours after
receipt of such written notice and, and, barring unforeseen circumstances,
Property Owner shall commence such repair within forty-eight (48) hours
after receipt of such written notice. If, absent any unforeseen circumstances,
such repair is not commenced within such forty-eight (48) hour period,
County shall have the right to draw on the Road Maintenance Collateral
provided for in Exhibit "A" hereto and to use such funds to perform such
repair. If Property Owner identifies Significant Damage prior to receiving
written notice thereof from County, Property Owner may commence repair
of the Significant Damage and shall concurrently notify County of the extent,
type, timing, materials and quality of repair (i.e. temporary versus
permanent).
1.2 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
the Haul Route (or a portion thereof) will require paving to protect the public
health, safety, and welfare ("Repairs"), and has budgeted sufficient funds for
the following calendar year to pay its share of the Repairs
("Improvements/Repair Costs"), County shall notify Property Owner in
writing that the Repairs shall be undertaken. Within ninety (90) days of its
receipt of County's written notice of the need to undertake the Repairs,
Property Owner shall submit construction plans and cost estimates for the
Repairs to the County for review. In consideration of County's contribution
of the budgeted funds for the Repairs, Property Owner shall have sole
responsibility for the completion of the Repairs on or before December 15 of
the year following County's written notice of the need for the Repairs.
1.3 In County's sole discretion, County may undertake the Repairs, in which
case Property Owner's payment of its proportionate share of the Repairs will
be calculated as determined in Section or A.7.0 of this Agreement, and in a
manner consistent with Section C.3.0 of this Agreement.
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Carly Koppes. Clerk and Recorder, Weld County. CO
lIIIM' P�4L41�L�'��+II�R,*F1'! !'f,LIV!L' irr,cli UIIII
1.4 The County shall notify the Property Owner of County's preliminary
determination and assessment of Property Owner's proportionate share of
costs of any required dust control, paving, repairs and maintenance on the
Haul Route. Prior to County's final determination and assessment, County
shall provide the Property Owner 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'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 of any required dust control, paving, repairs and
maintenance on the Haul Route.
2.0 Annual Inspection: If need be, County will conduct an inspection of the
Improvements annually with the cooperation of the Property Owner. As a result of the annual
inspection, County, in consultation with CDOT, shall determine the 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 any required repairs to the
Improvements will be given as soon as the data becomes available.
3.0 Future 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 restoration of the
area of the Improvements based on the number of ESAL Counts determined as provided in Section
A.7.0 of this Agreement. Notification to 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, as described in Section C.1.0 above.
4.0 Violation of Terms of Agreement: If the Property Owner fails to perform as
outlined in this Agreement and Exhibits "A" "B" and "C" hereto, such non-performance will
constitute a violation of land use permits granted by County to the Property Owner, and County
will take whatever remedial measures it deems necessary against the Property Owner. In addition to
any other remedy available to County in law or equity, a failure to comply with this Agreement
shall be considered grounds for setting a probable cause hearing according to the procedures
described in Section 2-4-40 of Weld County Code. Revocation of USR 1682 and MUSR14-0020 is
a remedy which County may impose.
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Carly Koppes, Clerk and Recorder. Weld County. CO
VIII FralT,Vir:Oki.,:*ir r'i 'h�l4�,I Y.Y�I��,tl'1M t II III
Part 2: General Provisions
D. 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 for CDOT Access Permit No. 41400.
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
Improvements on public rights-of-way or easements and improvements
interior on the Property (if any)prior to commencing construction.
2.0 Rights-of-way and Easements: Before commencing the construction of any
Improvements herein agreed upon for public rights-of-way or easements, Property Owner shall
acquire, at the sole expense of Property Owner, good and sufficient rights-of-way and easements
on all lands and facilities traversed by the proposed Improvements. All such rights-of-way and
easements used for the construction of any roads to be accepted by the County shall be conveyed
to the County and the documents of conveyance shall be furnished to the County for recording.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
Improvements identified on the accepted construction plans for CDOT Access Permit No.
41400, be solely responsible for the costs of constructing the Improvements approved by the
CDOT Access Permit No. 41400 including the Road Maintenance Collateral in Exhibit "A" and
as described in parts A and D of this agreement, which are attached hereto and/or incorporated
herein by this reference and Improvements to public rights-of-way or easements being
completed also in accordance with the schedule set forth in Exhibit "B". The Board of County
Commissioners, at its option, may grant an extension of the time of completion set forth in
Exhibit B stated herein upon application by the Property Owner.
3.1 Said construction shall be in strict conformance to the plans and drawings
accepted by the County as provided in for CDOT Access Permit No.
41400.
3.2 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
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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.
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 Warranty of Improvements: Property Owner shall warranty all Improvements to
public rights-of-way, (if any), and all privately created and maintained roads or rights-of-way, or
easements, and all Improvements for a period of two (2) years. The warranty period shall begin
only after the County's execution of a written acceptance of the Improvement(s).
6.0 Acceptance of Improvements by the County: Upon compliance with the
following procedures by the Property Owner, the Improvements shall be deemed accepted by
the County, if collateral has been initially posted for the Improvements.
6.1 If requested by the Property Owner and approved by the County, portions
of the Improvements may be placed in service when completed according
to the schedule shown on Exhibit "B" but such use and operation shall
not, alone, constitute an acceptance of said portions of the Improvements.
6.2 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
Improvements is satisfactory to County, and all terms of this Agreement
have been faithfully kept by Property Owner.
6.3 Upon completion of the construction of the required
Improvements, and the filing of a Statement of Substantial Compliance by
Property Owner's engineer, the Property Owner may, as set forth in
Section A.9.0, request in writing that County inspect the Improvements and
recommend to the Board of County Commissioners that the Improvements
be accepted and further that the two-year warranty period begin. Upon
completion of the two-year warranty period, the County Engineer shall,
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• M��1�14�Jr�,M, :�GYIIiL'iY��lI+tLI��Lh�li��wP�flW'IF �IIII
upon request by the Property Owner, inspect the subject Improvements,
and notify the Property Owner of any deficiencies. If any deficiencies are
discovered, the Property Owner shall correct the deficiencies and the
County Engineer shall re-inspect the Improvements at Property Owner's
request to determine whether said deficiencies have been corrected. If the
County Engineer finds that the Improvements are constructed according to
construction plans approved as a condition of CDOT Access Permit No.
41400, he or she shall recommend full acceptance of the Improvements.
Upon a receipt of a positive unqualified written recommendation from the
County Engineer for acceptance of Improvements within the MUSRI4-
0020, the Board of County Commissioners shall fully accept said
Improvements.
7.0 General Requirements for Collateral:
7.1 County requires Property Owner to provide collateral to guaranty all of
Property Owner's obligations under this Agreement: (I) Project Collateral
(If Applicable) for completion of all improvements described in this
Agreement shall be provided for the Improvements. Possible future on-
Site collateral may be required by County should the Property Owner
revise conditions of operation in the future. (2) Warranty Collateral (If
Applicable) 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.
7.2 Project Collateral (if applicable) submitted to Weld County to guarantee
completion of the Improvements identified on the Construction Plans
approved as a condition of CDOT Access Permit 41400 and further
enumerated in the costs listed in Exhibit "A", must be equivalent to
One-Hundred Percent (100%) of the value of the Improvements as
shown in this Agreement. This collateral (if applicable) must be
submitted to County upon the execution of this Agreement, or at a time
determined acceptable by the Board of County Commissioners, and shall
be held in total by County as provided in Paragraph D. 7.3 below until
all Improvements have been completed.
7.3 Warranty Collateral (if applicable) for any 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).
7.4 In the event Property Owner fails to adequately complete and/or repair
Improvements associated with this Improvements Agreement, County will
access, in its sole discretion, Project or Warranty Collateral to the extent
necessary to complete said Improvements or repairs in order to preserve
public interest.
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7.5 Road Maintenance Collateral shall be submitted to County upon the
release of the warranty collateral (if any) by the Board of County
Commissioners or at the time of approval of this Agreement, if no Project
Collateral was initially submitted.
If no Project Collateral was initially submitted, Road Maintenance
Collateral shall be submitted at the time of approval for this Agreement or
at such time that activities under CDOT Access Permit No. 41400 are
initiated. The amount shall be $4,000.00 as provided in Exhibit A.
Road Maintenance Collateral shall be held by County as long as this
Agreement is in effect and returned to Property Owner upon County
acceptance of the Improvements in Section D.6.0. The Road
Maintenance Collateral will only be accessed by County, if following
written notification to Property Owner of required roadway safety related
repairs, Property Owner fails to perform said repairs within the time
allowed in County's written notification. Any of this Road Maintenance
Collateral collected by County, shall be replaced by Property Owner in the
amount equal to the amount collected by County, plus simple interest,
within six (6) months after County collected the collateral.
7.6. No grading or building permits shall be issued for any site related
activities, on the property and no Site Preparation shall commence until cost
estimates for all Improvements are updated, and the development plans are
revised to comply with all current County standards, policies and
regulations, except with prior County consent. The Improvements shall be
completed within the time schedule set forth in Exhibit "B", which is
attached hereto and made a part of this Agreement. `'Site Preparation"
shall mean earthwork grading or performance of work, or construction or
installation of Improvements related to Property Owner's operations
pursuant to MUSR14-0020 that require a grading or building permit from
the County pursuant to the Weld County Code. In the event that the
Improvements related to CDOT Access Permit No. 41400 are not completed
within one year of the execution of this Agreement Weld County may
require Property Owner to obtain current cost figures for one or more of the
Improvements.
7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an
amount equivalent to one-hundred percent (100%) of the total value of the
Improvements; the LOC shall be subject to the requirements of Weld
County Code Section 2-3-30 B. The Property Owner shall utilize only a
County approved form when obtaining an LOC: (IRRVEVOCABLE
STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said
form shall be provided to Property Owner upon request.
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7.8 Collateral may be in the form of a corporate guaranty given by a legal
entity in good standing and authorized to do business in the State of
Colorado or the applicable governmental licensing agency of the
Guarantor's state of incorporation, in an amount equivalent to one hundred
percent (100%) of the value of the Improvements. The corporate guaranty
shall conform to and be subject to the requirements of Weld County Code
Section 2-3-30 B.4. The Property Owner shall utilize only a County
approved form when obtaining a corporate guaranty: (CORPORATE
GUARANTY FOR BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO). A copy of said form shall be provided
to Property Owner upon request.
7.9 Collateral may be in the form of a surety bond given by a corporate surety
authorized to do business in the State of Colorado in an amount equivalent
to one hundred percent (100%) of the value of the Improvements subject
to the requirements of Weld County Code Section 2-3-30 B.4. The
Property Owner shall utilize only a County approved form when obtaining
a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said
form shall be provided to Property Owner upon request.
7A0 Collateral may be in the form of a cash deposit made with the Board of
County Commissioners in an amount equivalent to One Hundred Percent
(100%) of the value of the Improvements. In the event the Property Owner
is required to warranty the Improvements, the Property Owner shall
replace the original deposit with a deposit in the amount of fifteen
percent(15%) of the original amount and such funds shall remain available
to County until released by the County at the end of the warranty period.
7.11 The Board of County Commissioners reserves the right to reject collateral
which is deemed inappropriate or insufficient, which may be either as
collateral in the form of a letter of credit offered by a banking institution
which does not have at least a "three star" rating given by Bauer Financial,
or as collateral in the form of a performance bond offered by an insurance
company which does not have at least a B+ rating given by A.M. Best, or
as collateral in the form of a corporate guaranty offered by a legal entity
which does not have a rating classification of 5A, 4A. or 3A, and does not
have a Composite Credit Appraisal of 1, 2, or 3 given by Dun and
Bradstreet Credit Rating Reports. If the Applicant meets all of the
requirements provided in the previous sentence regarding a corporate
guaranty, the Board of County Commissioners may then decide whether
acceptance of a corporate guaranty agreement is appropriate under the
circumstances. The Board of County Commissioners may consider (1)
the value of the Improvements, (2) the net worth of the
Guarantor, (3) the Applicant' s history regarding
successful local projects, and (4) anything else the Board deems relevant
and appropriate for consideration for a corporate guaranty as a form of
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acceptable collateral. The Board of County Commissioners further reserves
the right to require Property Owner to obtain replacement collateral if the
rating of the financial institution providing said collateral drops below the
levels stated above. Replacement collateral shall be submitted by
Property Owner within sixty (60) days of the Board of County
Commissioner's written notice to Property Owner that the rating has
fallen and that the collateral must be replaced. Property Owner may not
terminate existing collateral until replacement collateral has been secured.
8.0 Request for Release of Collateral: Collateral shall be released in accordance with
the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire
project or for a portion of the project by Weld County, the Property Owner must present a
Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The
Statement of Substantial Compliance shall state that the project or a portion of the project has
been completed in substantial compliance with accepted plans and specifications documenting
the following:
8.1 The Property Owner's Engineer or his representative has made regular
on-site inspections during the course of construction and the construction
plans utilized are the same as those accepted by Weld County.
8.2 For the Improvements to public rights-of-way or easements, test results
must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials
sampling, testing and inspections found in CDOT Materials Manual.
8.3 "As-built" plans shall be submitted at the time the letter requesting release
of collateral is submitted or at such time as the Property Owner has
completed Improvements as and shall be stamped and approved by an
Engineer registered in the State of Colorado, if an Engineer was
initially required for the project. The Property Owner's Engineer shall
certify that the project "as-built" is in substantial compliance with the
plans and specifications approved as a condition of CDOT Access Permit
No. 41400, or that any material deviations have received prior written
acceptance from the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
8.5 A letter must be submitted from the appropriate Fire Authority, if
applicable, indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are operational
and, if required by the County, state the results of fire flow tests.
8.6 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the Improvements by the Weld
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County Department of Planning Services and the Weld County
Department of Public Works, the Property Owner (if Property Owner has
supplied any or all of the collateral) may request release of the collateral
for the project or portion of the project by the Board. This action will be
taken at a regularly scheduled public meeting of the Board.
8.7 Following the written request for partial release of the "Project
Collateral" (if any), the Weld County Department of Planning Services and
the Weld County Department of Public Works County shall inspect the
Improvements. If the Improvements require mitigation or further repairs
are required, said work must be completed prior to the release of
partial release of the Project collateral. For all off-Site improvements
(including improvements to public rights-of-way or easements), the
written request for release of Project Collateral shall be accompanied by
"Warranty Collateral" (if any) in the amount of fifteen percent (15%) of
the value of the Improvements as shown in this Agreement.
8.8 Following the written request for release of the "Warranty Collateral" (if
any), the Weld County Department of Planning Services and the Weld
County Department of Public Works County shall inspect the
Improvements. If the Improvements require mitigation or further repairs
are required, said work must be completed prior to the conclusion of the
Warranty period. The "Warranty Collateral" (if any) shall be released to
the Property Owner following the expiration of the warranty period upon
final written acceptance by the Board of County Commissioners.
8.9 For all off-Site improvements (including improvements to public rights-of-
way or easements), the written request for release of "Warranty
Collateral" (if any) shall be accompanied by "Road Maintenance
Collateral" (if applicable) as specified in Section D.7.5 of this Agreement.
9.0 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. (See
paragraphs E. 1.2 and 2.2 below.) Consent to a delegation or an assignment will not be
unreasonably withheld by County. In the event of sale of the Property, County shall agree to
release Property Owner in whole or in part from obligations under this Agreement. 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.
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10.0 County Engineer: 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.
11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has
violated any of the terms of this Agreement, County shall notify Property Owner in writing of its
belief that the Agreement has been violated and it shall state with specificity the facts and
circumstances which County believes constitute the violation. Property Owner shall have
fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after
fifteen (15) days have elapsed, County believes in good faith that there has been a violation of
the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the
subject matter of this Agreement. Violations of the terms of this Agreement include violations of
the agreements contemplated by Section C.4.0 of this Agreement, and a failure to enter into
such Agreements in a timely manner.
E. Termination of Agreement:
1.0 Termination Event: This Agreement shall terminate upon the earliest of the
following events:
1.1 Cessation of all Permit Related Activities. Termination of this Agreement shall
occur upon Operator's complete cessation of all activities permitted under CDOT
Access Permit No. 41400. 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. The Property Owner shall provide written notice to County of said
cessation of activity, which County shall then verify. If written notice is not provided to
County, Termination of this Agreement shall not occur until County has determined
that any related Use by Special Review is inactive, which shall be three (3) years
following County's observance of the cessation of activities, as provided in Sec. 23-2-
200.E of the Weld County Code.
1.2 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — MUSR-0020 by New Property Owner:
This Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — MUSR-0020
with a new Property Owner who has purchased the Property, and intends to make use of
the rights and privileges available to it through the then existing USR.
1.3 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — MUSR-0020 by New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — MUSR-0020
with a new operator who has assumed the operation of the business on the Property
which business activities are permitted by the then existing USR.
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2.0 Termination Procedures.
2.1 Termination Procedures Following Cessation of Permit Related Activities:
Following the events outlined in paragraph 1.1 above, County shall conduct its annual
road inspection. Said road inspection shall be conducted on or before May 31 following
the announcement or determination of the cessation of activities under CDOT Access
Permit No. 41400. The results of the inspection shall be delivered in writing to the
Property Owner. If County determines that pursuant to the terms of this Agreement, the
Operator must complete any of the Improvements and/or road maintenance obligations
outlined herein, said obligations must be completed within a reasonable period of time
thereafter, but in no event later than six (6) months following the determination that
permit related activities have ceased. Collateral shall not be released by County until such
time as county determines that all of the Improvements have been completed.
2.2 Termination Procedures Pursuant to Transfer of Ownership of the
Property or Transfer of Operations: If the Property Owner or Operator desires to assign
its rights and obligations under this Agreement to a successor Property Owner or
Operator, the Property Owner or Operator shall, prior to the transfer, provide County with
a written Notice to Transfer, stating the date of transfer, and identifying the party to
whom the transfer shall be made. Following receipt of the Notice to Transfer, County
shall inspect the Improvements required under the terms of this Agreement to determine
whether the Improvements have been completed. If the Improvements have not been
completed, the Property Owner and/or Operator shall either complete the Improvements
or post collateral equal to the cost of the completion of the Improvements, if such
collateral is not in place. If collateral is available at the time, County shall hold a hearing
to determine whether the collateral should be called upon to pay County or a contractor
of the County to complete the Improvements. County shall also inspect the road(s) which
are covered by this Agreement to assess the current condition of the road(s) and
determine whether Operator and/or Property Owner would be required to perform road
maintenance within the following twelve months had the Agreement not been assigned. If
road maintenance is, in the opinion of County, required, Property Owner and/or Operator
shall be required to either perform the road maintenance or to post collateral equal to the
cost of said maintenance. County shall not execute a new Improvements Agreement
According to Policy Regarding Collateral for Improvements — MUSR-0020 with a
successor Property Owner and/or Operator prior to the performance of the road
maintenance or the posting of collateral for said maintenance, unless the new property
owner and/or operator posts collateral for the required maintenance.
3.0 Consequence of Termination by Cessation of Permit Related Activities:
Following County's confirmation that Property Owner has ceased all permit related activities
and has completed previously uncompleted Improvements and or completed any required road
maintenance, County shall release Property Owner from all further obligations under this
Agreement. No Further permit related activities shall be permitted unless and until approved by
County following execution of a new Improvements Agreement According to Policy Regarding
Collateral for Improvements — MUSR-0020 with a new property owner and/or operator.
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4.0 Consequence of Termination by Execution of Replacement Improvements
Agreement: Following County's execution of an Improvements Agreement According to
Policy Regarding Collateral for Improvements — MUSR-0020 with a successor property owner
and/or o perator, the predecessor Property Owner shall have no further rights and/or
obligations under this Agreement or in MUSR-0020.
5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that
activities related to MUSR-0020 cease as a result of the revocation of the permit as described in
Section D.11.0 of this Agreement, Property Owner will be released from any of the
obligations imposed by the terms of this Agreement only after Property Owner's successful
completion of the Improvements required under this Agreement or after County accesses the
collateral to the extent necessary to complete Improvements County, in its sole discretion, deems
necessary to preserve public interests.
G. 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.
H. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms
of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which the County believes
constitute violation. Property Owner shall have thirty (30) days within which to either cure the
violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in
good faith that a violation of the terms and conditions of this Agreement still exists (despite
cure), County may enforce by any legal means, including, but not limited to, legal action for
equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral
(if applicable). and/or administrative action of the County to suspend or revoke the underlying
land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld
County Code. Violations of the terms and conditions of this Agreement include, but are not
limited to, violations of the agreements Property Owner must enter into as required by this
Agreement, and/or failure to enter into such agreements in a timely manner.
I. 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.
J. 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
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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: READY MIXED CONCRETE/' COMPANY
SIGNATURE / 7flt_ u9/ ; "'"r _�
PRINTED NAME t44/e. T cc) • 441
TITLE CS� u 4- t-7'u
�V
_ 8
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Carly Koppes. Clerk and Recorder. Weld County, CO
1111 Ui lE.Y. 11111
STATE OF COLORADO
ss.
County of Denver
ilk
The foregoing instrument was acknowledged before me this fi day of Mil Lc+k
2015, by ErMe U)- Tin s11tjau.'' 1l1-
GINA MARIE GARCIA
NOTARY PUBLIC STATE OF COLORADO
Notary Identification#20154002664
My Commission Expires 1/21/2019
WITNESS my hand and official seal.
tLAIt1O.- n1eiIrk) €/4egEtiksL.)
Notary Public
My commission Expires: Oa I 1 Th
SIGNATURE ts.C-ii W c'LLt. &lCOL
PRINTED NAME 1O4 YV\I-1-Lt 114(11,11,3—
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kir Byer, Cha. MAR 1 8 2015
Jeo;oe 11aS`N
Weld C inty Clerk to the Board t
Ve�yy
Last ;Q �
BY: j
Deputy perk to the Board 47
ARROVED AS TO FORM: APPROVED AS TO SUBSTANCE:
County Attorney El -Off ial or Department Head
4096710 Pages: 24 of 28 19 L jq y/
04/06/2015 04'.16 PM R order. .00 �Q/mil 12 /
Carly Koppes. Clerk and Recorder. Weld County, CO
■iii PPPA �!H0',NcWW! clI%Nift,VOnArtilIii, 11111
EXHIBIT A - Cost Sheet (OFF-SITE)
Name of Facility: Morton Lakes Filing/Case#: MUSRI4-0020 Location: SE1/4 of S 1, TIN, R67W
Personnel Contact:Name Bill Timmons 'rifle: General Manager Phone:303-659-0630
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(S) Estimated Construction
Cost($)
LPUBLIC WORKSJ,
Site Grading
Street Grading
Street Base,Gravel for Parking
Street Paving
Pavement Marking
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access Improvements
Erosion Control Measures/BMP's
Road Maint. Collateral(per Sec. D-7.5) $3,600.00
Dust Control
Fire Hydrants
Survey,Street Monuments/Boxes
(.PLANNING SERVICES4.
Parking Area,Curb Stops, Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping,Seeding,Trees,etc.
Park Im rovements 4096710 Pages: 25 of 28
p 04/06/2015 04:16 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder,t Weld County, ICO `
Handicap Accessibility, Parking& Rails 101krf'�l,}LYU'IY1 ��I�ft� f.' Drell III
Septic Systems
SUB-TOTAL: �`
('I esnng,inspection,as- udt plans and work tn ad 'non to preliminary and
Engineering and Supervision Costs(5) final plat;supervision of actual construction by contractors) 400.00
TOTAL ESTIMATED COST OF IMPROVEMENTS,ENGINEERING AND SUPERVISION ($) $4,000.00
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: z4,‘" a/.4-4 nt'901-enee s'Ti
Applicant p /N /
C ;24le104 4/14-ptert, Date �// / , 20 /6--
Title
By:
Applicant
(1 04 E,ft,/T/I%71 2. Date/ili�deL / , 20 /'5
Title
4096710 Pages: 26 of 28
04/06/2015 04:16 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County, CO
'III Kira 1L':41L: !'Y, VAIL t�T:k kii'ldWiFi4lMnYl'rh III III
EXHIBIT B - Time Schedule (ON-SITE) &(OFF-SITE)
Name of Subdivision,MUD,USR,RE,SPR: Morton Lakes Filing/Case#:MUSR14-0020t,ocation: SE1/4, S1, Ti N, R67 W
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within 2 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-.SITE] (OFF-.SITE1
(PUBLIC WORKS(.
Site Grading
Street Grading
Street Base,Gravel for Parking
Street Paving
Pavement Marking
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access
Erosion Control Measures/BMP's
Fire Hydrants
Survey,Street Monuments/Boxes
19LANNING SERVICESI
Parking Area,Curb Stops,Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping,Seeding,Trees,etc.
Park Improvements
Handicap Accessibility,Parking& Rails
Septic Systems
Final Completion Date for Entire Project April 30, 2017 April 30, 2017
4096710 Pages: 27 of 28
04/06/2015 04:16 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County, CO
■III M!���'f�lkPKIGlf� N?Al&ir 1111
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:
Applicant
L ✓yi �[ "11/.7ee. Date%' /ce 7 ,20 fs�
Title
By:G.lL-rum/ L //
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Applicant Date////'C°', / ,20 / 5
Title
4096710 Pages: 28 of 28
04/06/2015 04:16 PM R Fee:$0.00
Carly Koppes Clerk nd Recorder. Weld County, CO
•III K11+�d IInEd,41 14,II III
O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013)xlsx
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