HomeMy WebLinkAbout20151146.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 SITE
PLAN REVIEW,SPR14-0016-BRIGG'S TRUCKING AND EQUIPMENT LIMITED,C/O
ELITE OIL FIELD SERVICES
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 September 24, 2014, Planning Services administratively approved Site
Plan Review, SPR14-0016, for Brigg's Trucking and Equipment Limited, do Elite Oil Field
Services, Inc., 7009 County Road S., Lamar, Colorado 81052,for an Oil and Gas Support and
Service company, including office facilities, storage, maintenance and parking for trucks and
related equipment in the 1-3 (Industrial) Zone District, on the following described real estate,
to-wit:
Lot 6 Union Colony Subdivision; being part of the
SE1/4 NW1/4 of Section 9, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements and Road Maintenance Agreement According to Policy Regarding
Collateral for Improvements between the County of Weld,State of Colorado, by and through the
Board of County Commissioners of Weld County, and Brigg's Trucking and Equipment Limited,
do Elite Oil Field Services,Inc.,with terms and conditions being as stated in said agreement,and
WHEREAS,the Board has been presented with Company Check#1325,from Elite Oil
Field Services, Inc.,7009 County Road S., Lamar, Colorado 81052, drawn on Frontier Bank, in
the amount of$3,600.00,and
WHEREAS, after review,the Board deems it advisable to approve said agreement and
accept said Company Check#1325, as stated above, copies of which are attached hereto and
incorporated herein by reference.
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 Brigg's Trucking and Equipment Limited,c/o Elite Oil
Field Services, Inc.,be,and hereby is,approved.
BE IT FURTHER RESOLVED that Company Check#1325,from Elite Oil Field Services,
Inc., 7009 County Road S., Lamar, Colorado 81052, drawn on Frontier 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. CC;PI 0214/ER)'FL(C4);CR(8c5/ll
410 Page : 1 of
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IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT - BRIGG'S TRUCKING AND
EQUIPMENT LIMITED, C/O ELITE OIL FIELD SERVICES, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
/
ATTEST: Siam) W e jto;� ILL L
G `'��+� arbara Kirkmeyer, hair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
e uty Clerk t the Board c�1
EL Sean P. C.nway /] —1
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APPROV FO'J� : = Lr
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County Attorney �« ` EXCUSED
5- �_ Steve Moreno
Date of signature: /� �.-.�
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2015-1146
PL2349
MEMORANDUM
TO: Clerk to the Board
1861 -
DATE: 4/15/2015
Gj l FROM: Richard Hastings, Public Works Department IN
Go_U_ z
SUBJECT: BOCC Agenda Item - Approve Improvements
Agreement and Accept Collateral For:
Elite Oil Field Services—SPR14-0016
Request for Approval of Improvements Agreement:
The Department of Public Works received a request from the applicant's representative, Jon
Butard/Witwer, Oldenburg, Barry & Groom, LLP, requesting that the Board of County
Commissioners consider approving the Improvements Agreement for the Oil and Gas Support &
Service Facility (Water Depot), (SPR14-0016), located on East 16th St., adjacent to 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 and reviewed by
Bob Choate/Assistant County Attorney. No revisions to Part 2 of the Agreement were
made.
Request for Acceptance of Collateral:
The Department of Public Works received a request from the applicant's representative, Jon
Butard/Witwer, Oldenburg, Barry & Groom, LLP, requesting that the Board of County
Commissioners consider accepting off-site collateral in the form of a Company Check, Elite Oil
Field Services, Inc., (Frontier Bank) in the amount of $3,600.00, for the above-mentioned
Improvements Agreement.
Recommendation:
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, in an
amount of$3,600.00, for Elite Oil Field Services, Inc. —(SPR14-0016).
pc: Elizabeth Relford, Public Works
Chris Gathman, Planning Services 2015-1146
Bob Choate, Assistant County Attorney
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Apreement.Approve IA 8 Accept Collateral(SPR 14-0016)Elite Oil-AICNIO.docx
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Elite Oilfield Services — SPR14-0016
Part 1: Site Specific Provisions
THIS AGREEMENT is made this .2022"day oflt' , 2015 by
and between Briggs Trucking & Equipment Limited , whose address is, 11350 2"d Street,
Edmonton, Alberta, Canada T6S 1G3 , hereinafter referred to as "Property Owner," authorized
to do business in the State of Colorado, 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."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lot 6 o f Union Colony Subdivision, being
part of the SE4NW4 of Section 9,
Township 5 North, Range 65 West of the 6th
P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, County has approved land use permits for a, Site Specific Development
Plan and Site Plan Review Permit, SPR14-0016, for Mineral Resource Development
Facilities, including an Oil and Gas Support and Service Facility (Water Depot) on
approximately 6 acres on the above described real property, and the County is currently in the
process of considering an Site Plan Review for the Property (SPRI4-0016), and
WHEREAS, the Property Owner acknowledges that the issuance of SPR14-0016 is
U act!: conditional upon Property Owner performance of the on-site and off-site improvements which
xN� are described in this Agreement and depicted in the plat map and the set of accepted
C°;:32 Plans provided by Property Owner (hereinafter referred to as "Plans"), copies of
i j which shall be attached to this Agreement as they become available and made a part hereof, as
▪ � Exhibit C, respectively, and
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Xa'" WHEREAS, the Property Owner acknowledges that it may not engage in any activity
described in SPR14-0016 and/or any activity related to the businesses described above until said
t ai c improvements have been completed, and
�- £m03 WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County
▪ me Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein
rg or to commence the use of the Property as approved in SPR14-0016 within three (3) years of the
c approval of the permit issued under SPR14-0016, may result in the revocation of SPR14-0016,
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upon consideration and order of the Board of County Commissioners, and
WHEREAS, the Property Owner agrees that the failure to record the plat within the time
limits imposed by the Weld County Board of County Commissioners, may result in the
revocation of SPR14-0016, upon consideration and order of the Board of County
Commissioners, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for all off-
site improvements required by this Agreement 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.
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 Off-Site Improvements:
1.0 Weld County Road (East 16th Street): The Property Owner shall be responsible
for the construction of certain on-site and off-site safety improvements, which shall include:
construction of adequate turning radii sixty (60) feet at the main entrances and exits which
extend partially into East 16th Street right-of-way (ROW), drainage and signage installations, as
indicated on the accepted Construction Plans and/or SPR14-0016 plat. The main entrance
improvements will include standard County approved tracking control, 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 County roadways. 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". 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 improvements, as specified above in Section A.1.0. on East 16th Street and for any
a N„ construction improvements mandated by the Colorado Department of Transportation (hereinafter
art, "CDOT") and/or the County, and for all expenses associated therewith. These responsibilities
o NN include, but are not limited to the following: design, surveys, utility locates, present and future
"Tin N U1 right-of-way clearances and permits; coordination with oil and gas operators and facilities, and
rrN affected irrigation facilities; traffic control; and project safety during construction. Property
--,;!iw- Owner shall obey all applicable regulations issued by the Occupational Safety and Health
to Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and
Via'". Environment, (hereinafter "CDPHE") and other Federal, State or County regulatory agencies.
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Tm; 2 3.0 Engineering Design and Construction Plans: For Off-Site Improvements as set-
t= mro forth in Section A. 1-2 above, all engineering designs and construction plans must be provided
_ca-",r7,3 by Property Owner. All plans showing work within the County shall be reviewed and accepted
by Weld County, prior to the start of construction. For all construction in the County right-of-
way, prior to the issuance of any access permit or right-of-way permit, a construction schedule
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giving times and locations of all proposed improvements shall be provided to Public Works for
review and acceptance. The approved and accepted construction plans are a part of this
Agreement.
4.0 Construction Standards: All construction and materials controls for a project and
any designated improvements shall conform to the requirements in effect as the time of the
completion of the improvements set forth in the "Standard Specifications for Road and Bridge
Construction" provided by CDOT.
5.0 Traffic Control: Prior to any construction in the County and/or State Right-Of-
Way and as a condition of issuance of any access permit or Right-Of-Way permit, the Property
Owner shall submit a traffic control plan for County review. During construction, appropriate
safety signage shall be posted in accordance with the then current version of the Manual of
Uniform Traffic Control Devices (hereinafter "MUTCD").
6.0 Off-Site Dust Control/Abatement and/or Paving (If Applicable): 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 and/or paving costs to be paid by Property Owner based upon then current
Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Property Owner
sourced traffic. The amount and extent of dust control and paving measures will be determined
by site-specific conditions at the time, as determined exclusively by County personnel. In order
to accurately determine percentage of Property Owner/SPR14-0016 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/SPR14-0016 (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: Future improvements to the haul route(s) may be required
by County. Property Owner shall address all County access issues associated with afore-
mentioned haul route. Future County mandated measures may include improvements to any haul
route intersections or roadways then utilized by Property Owner. Property Owner shall pay a
proportionate share of the cost of the entire project including engineering designs and
construction plans based on the Applicant's share of ESAL Counts using then current data on the
haul route in the implementation of the above-mentioned improvements. County personnel alone
shall make all determinations regarding the gathering of and use of traffic data when making
decisions regarding cost sharing. 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. Future improvements will be subject to any Federal, State or County regulations in
place at the time the improvement project is initiated. Haul Route improvements may be
triggered due to heavy truck traffic associated with the facility.
The following is a list of the American Association of State Highway & Transportation Officials,
(hereinafter "AASHTO') site-specific triggers for turn lanes:
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Carly Koppes, Clerk and Recorder, Weld County. CO
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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. l 0vph turning left into the facility during a peak hour.
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,
Property Owner shall not be required to complete the aforementioned offsite improvements as
described in Sections A.1.0-2.0 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). At that time, Property
Owner agrees that the required off-site collateral will be posted and all on-site and offsite
improvements shall commence and shall be completed within the parameters established in
Sections A.3.0 and E.7.2, and Exhibit B, herein.
9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site
improvements, Property Owner shall contact a representative of the Weld County Department of
Public Works and request an inspection of the off-site improvements described in Sections
A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth
in Sections E.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. 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.
B. Haul Routes:
1.0 Established Haul Routes 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 East 16th Street, for further dispersal. Any County
roads routinely utilized by SPR14-0016 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 for a limited period of time (which is
defined in this Agreement as a period of not more than thirty days), which
shall be established by County at 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
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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 Haul Route Signage (If Applicable): Property Owner shall install haul route signs,
as per MUTCD standards, at all exit points of the Property which can be clearly seen by drivers
leaving the facility and which clearly depict County approved haul routes.
3.0 No Deviation from Permitted 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.
4.0 Effect of Future Changes to Haul Routes: In the event that County is requested
by Property Owner or site operator to approve the use of an additional access, new haul route, or
an alternative haul route as a result of a change in Property Owner's site activities and/or truck
circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved
portion of County roads, and if County determines that dust control or paving is required on the
unpaved portion of said haul route roads, 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 to be paid by 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, as determined exclusively by County
personnel.
C. County Road Maintenance Requirements:
1.0 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 hauling to and
from the Property. Should Property Owner's site activities and/or should Property Owner's 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, 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 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
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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).
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
that a particular haul route road portion will require paving measures in
order to protect the public health, safety, and welfare, and has budgeted
sufficient funds for the following calendar year to pay its share of the Off-
Site Improvement/Repair Costs, County shall notify Property Owner in
writing that the Off-Site Improvements/Repairs shall be undertaken.
Within ninety (90) days of its receipt of County's notice of the need to
undertake the road maintenance repairs and/or improvements, Property
Owner shall submit Off-Site Construction Plans and Cost Estimates to
County for review. Property Owner shall have sole responsibility for the
completion of the repairs and/or improvements on or before December 15
• of the year following County's notice of the need for repairs.
1.3 In County's sole discretion, County may undertake the repairs and/or
improvements. Property Owner's payment for its Proportionate Share of
the road repairs/improvements will be calculated as determined in
0- Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent
with Section C.3.0 of this Agreement.
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"J 1.4 The County shall notify Property Owner of County's preliminary
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determination and assessment of Property Owner's proportionate share of
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• of costs of dust control, paving, repairs and maintenance on any particular
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ma ry- Haul Route Road. Prior to County's final determination and assessment,
a.m ti County shall provide Property Owner with a reasonable opportunity to
review, comment upon and supplement County's data, collection
tn v methodology, and determinations. The County shall review and consider
WO
NN' Property Owner's input prior to making a final determination and
en"- —
assessment. The County shall have sole responsibility for determination
;2 AIM of Property Owner's proportionate share of costs.
2.0 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
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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.
3.0 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 restoration
based on the number of Haul Trip ESAL Counts using then current data of haul trips entering or
exiting Property Owner's site onto the haul route in the implementation of the above-mentioned
improvements. 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, as described in Section C.1.0 above.
4.0 Sharing of Road Maintenance Responsibilities with Other Property Owner and/or
Lessees: It is anticipated that Property Owner and other Property Owner and/or Lessees subject
to agreements similar to this Agreement will perform the required road maintenance work and
will share in the equipment, labor, and materials required. Any such sharing arrangement
between Property Owner and/or Lessee, and other Property Owner and/or Lessees shall be
conducted pursuant to separate agreements between the Property Owner and other Property
Owner and/or Lessees. County shall approve the Agreements only to determine whether the
required improvements/maintenance projects have been adequately addressed. County alone
shall determine the sufficiency of all road improvement/maintenance projects when completed.
5.0 Violation of Terms of Agreement: If Property Owner does not perform as
outlined in this Agreement and Exhibits A and B such non-performance will constitute a
violation of Property Owner land use permits granted by County, and County will take whatever
remedial measures it deems necessary, against Property Owner. In addition to any other remedy
available to the 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
o Section 2-4-40 of Weld County Code. Revocation of SPR14-0016 as it now exists or may, from
,,, time to time, be amended is a remedy which County may impose.
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D. On-Site Improvements: (No On-Site Collateral is required for SPR14-0016 but Property
03 Owner shall complete all On-Site Improvements as shown on the accepted Construction Plans
co
aTo NI and/or plat map for SPR14-0016.)
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1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or
in.g maintain the landscaping, to include maintenance of the existing berm, and re-seeding of the
ma ry property where applicable as shown on the accepted Construction Plans and/or SPR14-0016 plat
mint
av map. Specifically, Property Owner shall at its own expense, plant, install and/or maintain all
Nu
-aa grass and other landscaping and re-seeding where applicable as shown on the accepted
a ! Construction Plans and/or SPR14-0016 plat map. Additionally, the Property Owner shall install
v(1ax and/or maintain fencing to screen the property where applicable as indicated on the accepted
om-= construction plans and/or SPR14-0016 plat map. In the event any of these improvements may
aI
include work extending into State or County Right-Of-Way, a Right-Of-Way or access permit is
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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/or SPR14-0016 Plat Map. The main entrance improvements will
include; construction of adequate turning radii at the East 16th Street roadway accesses for
SPR14-0016 and as further detailed in Section A.1.0 of this Agreement. 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 Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners,
Property Owner shall not be required to initiate the landscaping requirements until the
occurrence of the triggering event for all improvements, namely the approval of the grading
permit or an amendment to the existing USR. Except with prior County consent, no grading
permit will be released until collateral is posted for all off-site improvements and the final
Construction Plans have been submitted to and accepted by the Department of Public Works.
Access and/or Right-Of-Way permits might also be required prior to approval of the grading
permit. Grading shall not commence until Construction Plans are accepted. Any alterations to
the accepted Construction Plans must be accepted in writing by the County Planning and Public
Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all
landscaping and other on-site improvements, as indicated in Section D. 2.0 above shall be
completed within the parameters established in Section E.7.2 and Exhibit B. The Property
Owner's failure to complete the On-Site Improvements within the time period(s) established by
Resolution approving SPR14-0016, and/or set forth within the context of this Agreement may, at
- County's option, result in the revocation of said land use permit.
O
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4.0 Acceptance of On-Site Improvements: Upon completion of the on-site
dms improvements, Property Owner shall contact the Weld County Department of Planning Services
and the Weld County Department of Public Works and request an inspection of the on-site
Nmn-
4 improvements described in Section D.1.0 and D.2.0 above. The County's representatives may
r, then initiate the process for "Acceptance of Improvements" set forth in Sections E. 6.1-6.3. The
G)U. BOCC does not represent or ensure the on-site improvements will be constructed and/or
''cogs available for their intended use(s). The County does not and shall not assume liability for
nrD improvements designed and/or constructed by others.
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Elite Oilfield Services — SPR 14-0016
Part 2: General Provisions
E. 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.
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 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
of improvements identified on the accepted Construction Plans and SPR14-0016 Plat Map, be
rP- solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this
ogni t agreement, which are attached hereto and/or incorporated herein by reference, with the
"t improvements interior to the Property being completed by the dates set forth on Exhibit"B" (On-
co®.j site), and improvements to public rights-of-way or easements being completed also in
w --� accordance with the schedule set forth in Exhibit "B" (Off-site). The Board of County
w ..vY
o 0-r Commissioners, at its option, may grant an extension of the time of completion set forth in
‘ 111_ Y Exhibit B stated herein upon application by the Property Owner.
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W EI 3.1 Said construction shall be in strict conformance to the plans and drawings
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3.2 Property Owner shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction; and shall furnish copies of test results to the
County. If County discovers inconsistencies in the testing results, Property
Owner shall employ at its expense a third party qualified testing company
approved by County. Such third party shall furnish the certified results of
all such testing to the County.
3.3 At all times during said construction, the County shall have the right to
test and inspect, or to require testing and inspection of material and work,
at Property Owner's expense. Any material or work not conforming to the
approved plans and specifications, including but not limited to damages to
property adjacent to the construction plan area shall be repaired, removed
or replaced to the satisfaction of the County at the expense of Property
Owner.
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 On-Site and Off-Site 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 on-site 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).
o21.
6.0 Acceptance of On-Site and/or Off-Site 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 had been initially posted for the improvements.
cc, The BOCC does not represent or ensure the on-site improvements will be constructed and/or
ry
available for their intended use(s).
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• 5
N o a 6.1 If requested by the Property Owner and approved by the County, portions
aa-
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of the improvements may be placed in service when completed according
ma to the schedule shown on Exhibit "B," but such use and operation shall
--
mock not, alone, constitute an acceptance of said portions of the improvements.
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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
USR improvements in that phase of the USR is satisfactory to the County,
and all terms of this Agreement have been faithfully kept by Property
Owner.
6.3a Upon completion of the construction of the required off-site
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 the 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, 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. The County Engineer shall reinspect the improvements after
notification from the Property Owner that said deficiencies have been
corrected. If the County Engineer finds that the improvements are
constructed according to County standards, he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer for acceptance of
improvements within the USR, the Board of County Commissioners shall
fully accept said improvements.
6.3b Upon completion of the construction of the required on-site
improvements, and the filing of a Statement of Substantial Compliance,
when necessary, by Property Owner's engineer, the Property Owner may,
as set forth in Section D.4.0, request in writing that the County inspect the
s improvements and recommend to the Board of County Commissioners
Y that the improvements be accepted if collateral had been initially posted
V y
for the improvements, and further that the two-year warranty period begin.
Upon completion of the two-year warranty period, the County Engineer
coca~
m3 and/or the Weld County Department of Planning Services shall, upon
o a v request of the Property Owner, inspect the subject improvements, and
enLLo notify the Property Owner of any deficiencies. If any deficiencies are
ce� discovered, the Property Owner shall correct the deficiencies. The County
da Engineer and /or the Department of Planning Services shall reinspect the
to improvements after notification from the Property Owner that said
a_rn deficiencies have been corrected. If the County Engineer and/or
Nu
„wk Department of Planning Services find that the improvements are
in as constructed according to County standards, he or she shall recommend full
viaacceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer and/or the Department of
vm,�
Planning Services for acceptance of improvements within the USR, the
Board of County Commissioners shall fully accept said improvements.
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0016)2015 Purl 2 General Provisions-Pinal IA(3-3-15).docs
7.0 General Requirements for Collateral: (Currently no on-site collateral for SPR14-0016 is
required, but possible future on-site collateral may be required by County, should the Property
Owner revise conditions of operation in the future.)
7.1 County requires Property Owner to provide collateral to guaranty all of
Property Owner's obligations under this Agreement: (I) Project Collateral
for completion of all improvements described in this Agreement shall be
provided for off-site improvements with no on-site collateral for SPRI4-
0016 required at this time. Possible future on-site collateral may be
required by County, should the Property Owner revise conditions of
operation in the future. (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.
7.2 Project Collateral submitted to Weld County to guarantee completion of
the improvements indentified on the accepted Construction Plans and
SPR14-0016 Plat Map 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 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 E. 7.3 below until all
improvements have been completed.
7.3 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).
7.4 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
rz'' public interest.
7.5 Road Maintenance Collateral shall be submitted to County upon the
m
co- release of the warranty collateral by the Board of County Commissioners
, or at the time of approval of this Agreement, if no Project Collateral was
o
Ltz initially submitted. Road Maintenance Collateral is held for use on roads
iD
associated with the designated haul route.
ACC
�0 it
' If no Project Collateral was initially submitted, Road Maintenance
CL W Collateral shall be submitted at the time of approval for this Agreement or
se at such time that approved SPR14-0016 activities are initiated. If the
County has accepted a Corporate Guaranty as collateral pursuant to Weld
��Eat
x�ti County Code Sec. 2-3-30.D. Road Maintenance Collateral shall be
om- submitted at the time of approval of the Improvements Agreement or at
such time that approved permit activities are initiated. The submitted
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0016)2015 Part 2 General Provisions-Final IA(3-3-I5).docx
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, and the
amounts will be listed on Exhibit"A"- Cost Sheet (OFF-SITE).
Road Maintenance Collateral shall be held by County as long as this
Agreement is in effect and returned to Property Owner upon vacation of
associated land use agreement or permit. The Road Maintenance
Collateral will only be accessed by County, if following notification to
Property Owner of required roadway safety related repairs, Property
Owner fails to perform said repairs within the time allowed in County's
notification. If any of this collateral shall be collected by County, Property
Owner shall replace the amount, plus interest, within six (6) months.
7.5.1 Road Maintenance Collateral Option (For Materials Haulers):
In lieu of cash collateral, Property Owner may submit funds
quarterly to Weld County, at a rate of ten (10) cents per ton, based
on the amount of processed material leaving the site. These funds
will be escrowed by the County and utilized for roadway repairs
specific to the USR's designated haul route. The first payment of
funds will be due three months after the initial sale of materials
from the USR site. Subsequent quarterly payments will be
deposited in the associated escrow account until the USR permit is
terminated. Utilization of this collateral option will negate any
further obligations of the Property Owner to participate in any
future maintenance and/or improvements projects for the
associated Haul Route. Upon vacation of the USR for this facility
Mg? a
and following determination by Public Works staff that no
o
immediate repairs are required for the Haul Route, any remaining
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tn funds in the escrow account will be returned to the USR Permittee.
a
oN 7.5.2 Road Maintenance Collateral (For Off-Site Dust Control — If
-0
;in a Applicable):
Ea" The total costs for materials and application, will be listed on
Exhibit "A" (OFF-SITE) — Dust Control, of this agreement. These
amoral funds will be utilized by the County for roadway applications
ti�° 0, specific to the USR's designated haul route, only if the Property
i£mro Owner does not adhere to the requirements for dust suppression as
-is specified in Section A.6.0 of this agreement. Following completion
of all construction phases, and/or upon vacation of this USR, and
following determination by Public Works staff that no immediate
repairs are required for the Haul Route, any remaining Dust
Control collateral will be returned to the USR Permittee.
SE
ME 7.6 Acceptable Project Collateral shall be submitted by the Property Owner
upon execution of this Agreement, as herein defined.
7.6.1 No grading or building permits shall be issued for any site related
activities, on the property and no Site Preparation shall commence
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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 SPR14-0016 that require a grading or
building permit from the County pursuant to the Weld County
Code. In the event that the Improvements outlined in this
Agreement and Exhibit A 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 set forth in the Improvements Agreement and the Plat; 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
map Property Owner upon request.
x (As. 7.8 Collateral may be in the form of a corporate guaranty given by a legal
�oNn.) entity in good standing and authorized to do business in the State of
u' Colorado or the applicable governmental licensing agency of the
t -" Guarantor's state of incorporation, in an amount equivalent to one hundred
- tag percent (100%) of the value of the improvements set forth in the
m--;' II; Improvements Agreement and the Plat. The corporate guaranty shall
conform to and be subject to the requirements of Weld County Code
.4a u' Section 2-3-30 B.4. The Property Owner shall utilize only a County
-a;° °, approved form when obtaining a corporate guaranty: (CORPORATE
�OW GUARANTY FOR BOARD OF COUNTY COMMISSIONERS OF
am WELD COUNTY, COLORADO). A copy of said form shall be provided
0 to Property Owner upon request.
e4 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 set forth
in the Improvements Agreement and the Plat. The surety bond 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 surety bond: (PERFORMANCE BOND
FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
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COLORADO). A copy of said form shall be provided to Property Owner
upon request.
7.10 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to One Hundred Percent (100%) of the value of the
improvements set forth in the Improvements Agreement. 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 those funds shall remain
available to the 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 may then decide whether acceptance of a corporate
guaranty agreement is appropriate under the circumstances. The Board
may consider (1) the value listed in the improvements agreement, (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
acceptable collateral. The Board 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's 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: 4104525 Pages: 17 of 28
05/05/2015 12:35 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County, CO
■III !Ord WI IONsiV+4LiL9;iYI1h IIIIII
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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 shown on the SPR14-0016 Accepted
Construction Plans and Plat Map, 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 as approved, 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
v N' and, if required by the County, state the results of fire flow tests.
�<NA
�a
m� 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the
"'M final Construction Plans.
T not
scaw 8.7 Following the submittal of the Statement of Substantial Compliance and
3" written recommendation of acceptance of the improvements by the Weld
N
A •• County Department of Planning Services and the Weld County
, Department of Public Works, the Property Owner (if Property Owner has
=gam P p Y P Y
�m o supplied any or all of the collateral) may request release of the collateral
!£mN for the project or portion of the project by the Board. This action will be
am0o taken at a regularly scheduled public meeting of the Board.
z
-5 8.8 Following the written request for partial release of the "Project
Collateral", the Weld County Department of Planning Services and the
Weld County Department of Public Works County shall inspect the on-site
and/or off-site improvements. If the improvements require mitigation or
further repairs are required, said work must be completed prior to the
partial release of "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
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"Warranty Collateral" in the amount of fifteen percent (15%) of the value
of the improvements as shown in this Agreement.
8.9 Following the written request for release of the "Warranty Collateral", 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" shall be released to the Property Owner
following the expiration of the warranty period upon final written
acceptance by the Board of County Commissioners.
8.10 For all off-site improvements (including improvements to public rights-of-
way or easements), the written request for release of "Warranty
Collateral" shall be accompanied by "Road Maintenance Collateral" (If
Applicable) as specified in Section E.7.5 of this Agreement. "Road
Maintenance Collateral" for roads associated with the designated haul
route shall be maintained as long as the USR is active.
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 F. 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 may 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.
1.1`2514' personal representatives, successors and assigns of Property Owner, and upon recording by the
--,m County, shall be deemed a covenant running with the land herein described.
w< 4.
_-`(11
°SLR 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
ler"^ behalf.
amN01
11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has
s iz,„," violated any of the terms of this Agreement, County shall notify Property Owner of its belief that
o� .0 the Agreement has been violated and shall state with specificity the facts and circumstances
" 12, which County believes constitute the violation. Property Owner shall have fifteen (15) days
1.4
.r9r within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days
m" have elapsed, County believes in good faith that there has been a violation of the terms of this
do 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 Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such
o
!`" Agreements in a timely manner.
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F. 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 SPR14-
0016 or any amendments thereto. 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. Operator shall provide written notice to Property Owner and 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 the 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 — SPRI4-0016 by New Property Owner:
This Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — SPR14-0016
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 — SPRI4-0016 by New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — SPRI4-0016
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.
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 permit related activities on the
Property. The results of the inspection shall be delivered in writing to the Property Owner
and Operator. If the 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
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Garly OVZ.. Glerk and Recorder. Weld County, CO
VIII Ik!C11I'�4f'ti�KP�1IYIMKl. IGH?D, Url�YI,�, �I III
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 — SPRI4-0016 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 and/or Operator has/have ceased all
permit related activities and has/have completed previously uncompleted Improvements and or
completed any required road maintenance, County shall release Property Owner and/or Operator
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 — SPRI4-0016 with a
Property Owner and Operator.
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 — SPRI4-0016 with a successor Property Owner
and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights
and/or obligations under this Agreement or in SPR14-0016.
5.0 Consequence of Termination Pursuant to Section E.I1.0: In the event that
activities related to SPRI4-0016 cease as a result of the revocation of the permit as described in
Section E.1 1.0 of this Agreement, neither Property Owner nor Operator will be released from
any of the obligations imposed by the terms of this Agreement only after Property Owner's
successful completion of all 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.
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Ca'-1y Koppes. Clerk and Recorder. Weld County, CO
II III
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.
1. 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
provide the County with proof of Property Owner's authority to enter into this Agreement within
five (5) days of receiving such request.
4104525 Pages: 22 of 28
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t
Carly KOPPe5 Clerk and Recorder. Weld Coon y,
CO
�IIIR!�1�'l3Nti;H,7JNI�R'1�F�,'IU ;r 'i'MI^Y41i iIIII
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY
OWNERS:
•
SIGNATURE
PRINTED NAME 'e, r y\ \a-, r t c c,S
J
TITLE (If Applicable) C • 1-„ . U .
STATE OF COLORADO )
) ss.
County of Weld )
f� The foregoing instrument was acknowledged before me this ji ?day of
201A-by 73, 3- , r /5, ,cj � S
WITNESS my hand and ' --`—
f� w
4 r Public
My commission Expir __ .RE TE rL�
• Barrister& Solicitor , .........
SIGNATURE
PRINTED NAME
TITLE(If Applicable)
STATE OF COLORADO )
) ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of
2014, by
WITNESS my hand and official seal.
Notary Public
My commission Expires:
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Carly Koppes. Clerk and Recorder. Weld County. CO
VIII M�r1!'1RR,v'VJ�IKI!47L l��iL�fU},N i �ILi��YL �, uI III
LESSEE (If Applicable): nn
SIGNATURE � (1:,1� O,1
PRINTED NAME �u5 ,� ti k itir
TITLE Cto
STATE OF COLORADO
ss.
County of Weld )
7( � ,• 0 ti tt
The foregoing'( instrument was acknowledged before me this &( day of 7751 r s
2014, by �yT„ k. .� c�� � .'�se
*
WITNESS my hand and official seal. ! �J ( ,�' "iv
` �k
S_L/1,C.9.�t1, ; J. 0 (r„ � 'rrq, dv
Notary Public "�'(na,awr,"in
My commission Expires: l MIL) —
ATTEST:d, J G. .aC/fo;uk. BOARD OF COUNTY COMMISSIONERS
Weld C ty Clerk to the Boa d WELD COUNTY, COLORADO
Deputy Cle to the ar t- r ara Kirkmeye , Chair ASR 2 2 2015
APPR AS TO F 86• (APPROVED AS TO S STANCE:
Co ttorney `-� fficial or partment Head
4104525 Pages: 24 of 28
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Carly Koppes, Clerk and Recorder. Weld County. CO
�IIIk��1�?�YitiK"i4Yf, Nltl4hi��i'i+ ,Ha}�,ILNrP?4Ii 11111
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EXHIBIT A - Cost Sheet(OFF-SITE)
Name of Facility: 1 i.i C I I I 1:old Serv,t cc Filing/Case#: 51.4 / oc( Location: `Co S i=16�I) S( -=
Personnel Contact: Name J` 501 Title:�Title: C Phone: 7f) 33G 7zC
Intending to be legally hound,the undersigned Applicant hereby agrees to provide throughout thisfacility the following improvements.
Improvements (OFF-SITE)
(Leave spaces hlank where they do not apply) 1 Estimated Construction
Quantity Units Unit Costs(5)
Cost(5)
(.PUBLIC WORKS(.
Site Grading
Street Grading
Street Base,Gravel for Parking
Street Paving
Pavement Marking
Curbs,Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention /Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access Improvements
Erosion Control Measures/BMP's
Road Maint.Collateral(per Sec. E.-7.5) 3 (2
i
Dust Control (per Sec.E.-7.5.2)
Fire Hydrants
Survey,Street Monuments/Boxes
(,PLANNING SERVICES(.
Parking Area, Curb Stops,Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding,Trees,etc.
Park Improvements
Handicap Accessibility, Parking& Rails
Septic Systems
SUB-TOTAL: j O C t
(I esting,inspection,as- mlt plans and work in addition to prehmmary and
Engineering and Supervision Costs($) final plat;supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS,ENGINEERING AND SUPERVISION (5) 57 D6"C
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Carly Koppes Clerk and Recorder. Weld County. CO
■III M!AIVIRMN F nWiiiika1nPl+1I!iytii Mill
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
plc
By:: � Gl/t+e ai r/e%� SettvlCeSZ
Applicant
Grc Date 0; — 2.C. , 20 15
Title
By:
Appl i cant
Date ,20
Title
4104525
1005 zets 12:3s Pages: R Feef$0.00
Car LY Koppes. Clerk and Recorder.. Weld County CO
1111 M!�11I'lalv;:M�JIµ++.ti l'W V+ N Ili ell
EXHIBIT B -Time Schedule(ON-SITE)& (OFF-SITE) {
Name of Subdivision,PUD,USR,RE,SPR: S r G t4-OOt 1 Filing/Case#: it/-(3°i (5 i G Location: 61 tit 5 1r
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do not apply)
f0N-.SITE•t IOFF-SITE1
IPUBLIC WORKSI.
Site Grading
Street Grading
Street Base,Gravel for Parking
06-15-2015
Street Paving
Pavement Marking
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities 06-15-2015
Retention/Detention Ponds 06-15-2015
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access 06-15-2015
Erosion Control Mcasures/BMP's
Fire Hydrants
Survey,Street Monuments/Boxes
IPLANNING SERVICESI
Parking Area,Curb Stops,Bus Kiosks 06-15-2015
Street Lighting
Street Names
Signage
Fencing Requirements 06-15-2015
Landscaping,Seeding,Trees,etc. 06-15-2015
Park Improvements
Handicap Accessibility,Parking&Rails 06-15-2015
Septic Systems
Final Completion Date Tor Entire Project
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Carly Koppes Clerk and Recorder. Weld County, CO
VIII FictIV4 0:hirth'ignl,L Iii i 0!011111' .iiiiii, Ill II I
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: i� EA ilk/e/SnincAs Z..c
Applicant
CEO Date 03 - ZCo , 20 75
Title
By:
Applicant
Date ,20
Title
O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx
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Carly Koppes. Clerk and Recorder. Weld County. CO
VIII N �1�'L+.R•rrk�Jl�+�! W'`11E��' I'�4hP�}N{+MH{'iYl} 11111
q.errrep.»fxa,irHa.�J:a,��. Z.:��3,ra:rwrar�I>..:�u�rrr��'7si,: -r�w��>rr1�7•�R�ar.��3�'
FRONTIER BANK
62-67/1021 1 325
ELITE OIL FIELD SERVICES, INC. CHECK NO.
7009 COUNTY ROAD 5
LAMAR,CO 81052
1325
DATE AMOUNT
****THREE THOUSAND SIX HUNDRED DOLLARS AND 00 CENTS***"*
03/27/15 *******3, 600.00
PAY WELD COUNTY
TUTHE 1400 N 17TH AVENUE
OORDER GREELEY CO 80634
AUTHORI _. ATURE
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