HomeMy WebLinkAbout20150440.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT TRANSFER OF COLLATERAL FOR
USE BY SPECIAL REVIEW PERMIT, USR14-0005 - TERRY GRAZING
ASSOCIATION, C/O CONNELL RESOURCES, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on June 18, 2014, the Weld County Board of Commissioners approved Use
by Special Review Permit, USR14-0005, for Terry Grazing Association, c/o Connell Resources,
Inc, 7785 Highland Meadows Parkway, #100, Ft. Collins, CO 80528, for Mineral Resources
Development Facilities, including open pit mining and materials processing, an asphalt batch
plant and related accessory building in the A (Agricultural) Zone District, on the following
described real estate, to-wit:
All of Section 21, Township 11 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an 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 Terry Grazing Association, do Connell Resources, Inc., with
terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been requested to transfer the current collateral for USR-411
be transferred to USR14-0005, which was previously presented with Company Check #280164
from Connell Resources, Inc., in the amount of$3,600.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said transfer of collateral 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 Terry Grazing Association, c/o Connell Resources,
be, and hereby is, approved.
BE IT FURTHER RESOLVED that the transfer of collateral from USR-411 to USR14-0005
from Connell Resources, Inc., in the amount of $3,600.00, be and hereby is, accepted and
transferred.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
4085328 Pages: 1 of 34 Cc,-.Pt ' (214 E(L, 3/it 2015-0440
02/24 Koppes 101er and Recorder;AM R $0 Weld County. Co PL2275
�IIIR!���;4�MJni'l�h:I�Il:MR1 kN�d«14M14�.F�°tiY�'+} 11111 PL1487
IMPROVEMENTS AGREEMENT -TERRY GRAZING ASSOCIATION, C/O CONNELL
RESOURCES, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of February, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
AaKirkmthir
COUNTY, COLORADO
ATTEST:Waimea) (� ;ok
��jj r er,
Weld County Clerk to the Board 11 Eance ike Freem n Pro-Tem
D;d ty Clerk t• the Bo. ( USED
S a Conway
APPROVED AS TO FORM:
Julie A. ozad �
County Attorney / 1-an O -
nh Steve Moreno
Date of signature:
a>i
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Carly Koppes, Clerk and Recorder. Weld County, CO
■III F1L'4711, If,h�hd'�iHti4 , kt��MGl.�I'fi�.6. 1�ti�h 11111
2015-0440
PL2275
PL1487
MEMORANDUM
TO: Clerk to the Board
1861
DATE: 2/3/2015
Y" FROM: Richard Hastings, Public Works Department
> '� U1TY ,
� SUBJECT: BOCC Agenda Item - Approve Improvements
Agreement and Transfer Collateral For:
Terry Grazing Assn/Connell Resources- USR14-0005
Request for Approval of Improvements Agreement:
The Department of Public Works received a request from the applicant, Larry Johnson/Connell
Resources, Inc., requesting that the Board of County Commissioners consider approving the
Improvements Agreement for the Mineral Resource Development Facility, including a Hot Mix
Asphalt Plant and Gravel Mining (USR14-0005), with a new access located on CR 126, west of
the town of Carr. The previous access was located on the I-25 Frontage Road, north of CR 126.
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, Larry Johnson/Connell
Resources, Inc., requesting that the Board of County Commissioners consider that existing
collateral in the form of a Company Check— Wells Fargo Bank in the amount of$3,600.00, for
the previous Terry Grazing Assn/Connell Resources (USR-411) be transferred to the above-
mentioned Improvements Agreement for (USR14-0005).
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Carly Koppes, Clerk and Recorder, Weld County. CO
Recommendation: VIII IY,ir.tIER1Ia'':I#1:KJL'I1Ih1�rliJNY,P1 l&'��Iik 11111
The Department's of Public Works and Planning Services are recommending approval of; the
Improvements &Road Maintenance Agreement According To Policy Regarding Collateral For
Improvements and the transfer of collateral, in the amount of$3,600.00 for Terry Grazing
Assn/Connell Resources (USR-411) to Terry Grazing Assn/Connell Resources (USR14-0005).
1 ��J/� 2015-0440
pc: Elizabeth Relford,Public Works oc L2 /v,C. -•-4i `"' ---,2275--
Kim
Ogle, Planning Services a- -p,
U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2014 Planning Referrals\USR14\USRl4-0005 Terry Grazing Assoc\Improvements
Agreement\Approve IA&Transfer Collateral(USR14-0005)-Cart Gravel Pit-MEMO.docx
•
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Terry Grazing Association, c/o Connell Resources, Inc., —USR14-0005
Part 1: Site Specific Provisions
THIS AGREEMENT is made this ����day of , 201b, by and between
Terry Grazing Association, c/o Connell Resources, whose address is 7785 Highland
Meadows Parkway, #100, Ft. Collins, CO 80528, 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:
All of Section 21, Township 11 North, Range 67
West of the 6th P.M., Weld County, Colorado and
hereinafter referred to as "the Property," and
WHEREAS Lessee has leased the Property from the Property Owner, and
WHEREAS, County has approved land use permits for a SITE SPECIFIC
DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT for Mineral Resource
Development Facilities, including open pit mining and materials processing, an asphalt
batch plant and related accessory building IN THE A (AGRICULTURE) ZONE DISTRICT,
on approximately 360 acres on the above described real property, and the County is currently in
the process of considering an Use-by-Special Review for the Property(USR14-0005), and
MI
WHEREAS, the parties recognize that Property Owner's and Lessee's use of Weld
County roads as haul routes, including Weld County Road 126 makes it appropriate that Property o
Owner and Lessee share in the maintenance of said road, and
>r_
WHEREAS, the Property Owner and Lessee acknowledges that the issuance of USRI4-
0005 is conditional upon Property Owner and Lessee performance of the on-site and off-site m
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improvements which are described in this Agreement and depicted in the Plat Map and the set of �*
accepted Construction Plans, copies of which shall be attached to this Agreement as they become ova
available and made a part hereof, as Exhibits C and D, respectively, and e _
�rc1
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WHEREAS, the Property Owner and Lessee acknowledges that it may not engage in any mm
activity described in USR14-0005 and/or any activity related to the businesses described above a e v E
until said improvements have been completed, and m"-�
WHEREAS, the Property Owner and Lessee agrees that pursuant to the provisions ofNr,3
In
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Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements
outlined herein or to commence the use of the Property as approved in USR14-0005 within three
(3) years of the approval of the permit issued under USR14-0005, may result in the revocation of
USR14-0005, upon consideration and order of the Board of County Commissioners, and
WHEREAS, the Property Owner and Lessee 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 USR14-0005, upon consideration and order of the Board of County
Commissioners, and
WHEREAS, the parties agree that the Property Owner and Lessee shall provide collateral
for all off-site improvements required by this Agreement when; the Property Owner and/or
Lessee submits and receives approval of an application for a Grading Permit, Building Permit or
for a Right-Of-Way Permit for construction of accesses and work within the County and/or State
of Colorado Right-Of-Way, or at a time determined acceptable by the Board of County
Commissioners.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
A. Required Off-Site Improvements:
1.0 Weld County Road 126: The Property Owner and/or Lessee 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 CR 126 right-of-way (ROW), drainage and signage installations, as
indicated on the accepted Construction Plans and/or USR14-0005 plat. The main entrance
improvements will include asphalt paving across the entire width of the CR 126 access and
turning radii for a distance of three-hundred (300) feet or for a distance of one-hundred (100) feet
with a double cattle guard set (one right after the other), placed back to back across the entire
with of the entrance roadway, 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 and/or Lessee is solely
responsible for all designated improvements, as specified above in Section A.1.0, on CR 126 and
for any construction improvements mandated by the Colorado Department of Transportation
(hereinafter "CDOT") and/or the County, and for all expenses associated therewith. These
responsibilities include, but are not limited to the following: design, surveys, utility locates,
present and future right-of-way clearances and permits; coordination with oil and gas operators
and facilities, and affected irrigation facilities; traffic control; and project safety during
construction. Property Owner and/or Lessee shall obey all applicable regulations issued by the
Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado
Department of Public Health and Environment, (hereinafter "CDPHE") and other Federal, State
or County regulatory agencies.
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Carly Koppes, Clerk and Recorder Weld County. CO
VIIIEIFA4TIV �h'+th}131,1,10,l ih%IL'r�Pa, Alli4IIIII
3.0 Engineering Design and Construction Plans: For Off-Site Improvements as set-
forth in Section A. 1-2 above, all engineering designs and construction plans must be provided
by Property Owner and/or Lessee. 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 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 and/or Lessee 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 and/or Lessee is required to provide dust abatement along affected Haul Route Roads
approximately two to five times per year, as determined by the County. County will determine
the proportionate share of dust control and/or paving costs to be paid by Property Owner and/or
Lessee based upon then current Equivalent Single Axle Load (ESAL) Counts that identify traffic
loading due to Property Owner and/or Lessee sourced traffic. The proportionate share will be
based upon the monthly Truck Weigh Scale Ticket Report (TWST Report") which details the
haul route utilized by each haul truck using the USR14-0005 facility. 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 and/or Lessee 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 and/or Lessee (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 and/or Lessee shall address all County and/or Colorado Department
of Transportation (CDOT) access issues associated with afore-mentioned haul route. Future
CDOT or County mandated measures may include improvements to any haul route intersections
or roadways then utilized by Property Owner and/or Lessee. Property Owner and/or Lessee 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. The proportionate share
will be based upon the monthly Truck Weigh Scale Ticket Report ("TWST Report"), furnished
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Carly Koppes. Clerk and Recorder. Weld County. CO
VIII M0ANd!f':II, WIC BM I
by the Lessee, which details the haul route utilized by each haul truck using the USR14-0005
facility 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 and/or Lessee 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:
a. 25vph turning right into the facility during a peak hour.
b. 50 vph turning right out of the facility during a peak hour.
c. 10vph turning left into the facility during a peak hour.
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 and/or Lessee 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 and/or Lessee 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 and/or Lessee 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 CR 126, for further dispersal. Any County roads
routinely utilized by USR14-0005 haul traffic may become part of the
established haul routes.
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Carly Koppes, Clerk and Recorder, Weld County, CO
■III M��1�'4r14�'; u�f L'r II*mIi1�,Na'��l l fi I14, ■1111
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
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 and/or Lessee shall install
haul route signs, as per MUTCD standards, at all exit points of the Property which can be clearly
seen by drivers leaving the facility and which clearly depict County approved haul routes.
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 and/or Lessee 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 and/or Lessee'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 and/or
Lessee 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 and/or Lessee based upon then current truck trip
counts that identify traffic loading due to Property Owner and/or Lessee-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 and/or
Lessee will be financially responsible for the excavation, repair, and patching of any damage on
current or future haul route roads, which in the sole opinion of County has been created by
hauling to and from the Property. Should Property Owner and/or Lessee's site activities and/or
should Property Owner and/or Lessee'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
and/or Lessee's sourced traffic no longer utilizes the above-described haul route and instead
utilizes other portions of County roads, Property Owner and/or Lessee shall cooperate with
County in maintenance of said roads which are included within the new haul route. The type and
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Carly Koppes. Clerk and Recorder. Weld County, CO
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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 Property Owner's or Lessee's 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 and/or Lessee of such Significant Damage. Property Owner and/or
Lessee shall identify the repair required and shall consult with County on
the extent, type, timing, materials and quality of repair (i.e. temporary
versus permanent) within twenty-four (24) hours after receipt of such
notice and shall commence such repair within forty-eight (48) hours after
receipt of such notice. If such repair is not commenced within such forty-
eight (48) hour period, County shall have the right to draw on the Road
Maintenance Collateral and use such funds to perform such repair. If
Property Owner and/or Lessee identifies Significant Damage prior to
receiving notice thereof from County, Property Owner and/or Lessee may
commence repair of such Significant Damage and shall concurrently
notify County of the extent, type, timing, materials and quality of repair
(i.e. temporary versus permanent).
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
and/or Lessee in writing that the Off-Site Improvements/Repairs shall be
undertaken. Within ninety (90) days of its receipt of County's notice of the
need to undertake the road maintenance repairs and/or improvements,
Property Owner and/or Lessee shall submit Off-Site Construction Plans
and Cost Estimates to County for review. Property Owner and/or Lessee
shall have sole responsibility for the completion of its proportional share
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 and/or Lessee's payment for its
Proportionate Share of the road repairs/improvements will be calculated as
determined in Sections A.6.0 or A.7.0 of this Agreement, and in a manner
consistent with Section C.3.0 of this Agreement.
1.4 The County shall notify Property Owner and/or Lessee of County's
preliminary determination and assessment of Property Owner and/or
Lessee's proportionate share of costs of dust control, paving, repairs and
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Carly Koppes, Clerk and Recorder, Weld County, CO
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maintenance on any particular Haul Route Road. Prior to County's final
determination and assessment, County shall provide Property Owner
and/or Lessee with a reasonable opportunity to review, comment upon
and supplement County's data, collection methodology, and
determinations. The County shall review and consider Property Owner
and/or Lessee's input prior to making a final determination and
assessment. The County shall have sole responsibility for determination
of Property Owner and/or Lessee's proportionate share of costs.
2.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Property Owner and/or Lessee and all other Property Owner and/or Lessee and/or
Lessees who are required by County to participate in road improvement/maintenance
agreements. As a result of the annual inspection, County, in its sole discretion, shall determine
actual conditions and shall further determine what road repair/improvement/maintenance work is
to be performed during that construction season. Notification to the Property Owner and/or
Lessee 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 and/or Lessee 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 and/or Lessee's site onto the haul route in the implementation
of the above-mentioned improvements. The proportionate share will be based upon the monthly
Truck Weigh Scale Ticket Report ("TWST Report"), furnished by the Lessee, which details the
haul route utilized by each haul truck using the USR14-0005 facility. Notification to the Property
Owner and/or Lessee of the required roadway replacements will be given as soon as the data
becomes available and typically takes place before the end of the year prior to the start of the
replacement project, as described in Section C.1.0 above.
4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners
and/or Lessees: It is anticipated that Property Owner and/or Lessee and other Property Owner
and/or Lessee 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
Lessee shall be conducted pursuant to separate agreements between the Property Owner and/or
Lessee and other Property Owner and/or Lessee. 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 and/or Lessee does not
perform as outlined in this Agreement and Exhibits A and B such non-performance will
constitute a violation of Property Owner and/or Lessee land use permit USR14-0005 granted by
County, and County will take whatever remedial measures it deems necessary, against Property
Owner and/or Lessee. 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
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Carly Koppel. Clerk and Recorder, Weld County CO
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hearing according to the procedures described in Section 2-4-40 of Weld County Code.
Revocation of USR14-0005 as it now exists or may, from time to time, be amended is a remedy
which County may impose.
D. On-Site Improvements: (No On-Site Collateral is required for USR14-0005 but Property
Owner and/or Lessee shall complete all On-Site Improvements as shown on the accepted
Construction Plans and Plat Map for USR14-0005.)
1.0 Landscaping and Fencing Requirements: Property Owner and/or Lessee shall
landscape and/or maintain the landscaping and re-seeding of the property where applicable as
shown on the accepted Construction Plans and USR14-0005 plat map. Specifically, Property
Owner and/or Lessee shall at its own expense, plant, install and/or maintain all grass and other
landscaping and re-seeding where applicable as shown on the accepted Construction Plans and
USR14-0005 plat map. Additionally, the Property Owner and/or Lessee shall install and/or
maintain fencing to screen the property where applicable as indicated on the accepted
construction plans and USR14-0005 plat map. In the event any of these improvements may
include work extending into State or County Right-Of-Way, a Right-Of-Way or access permit is
required.
2.0 On-Site Grading, Drainage Facilities and Paving: Property Owner and/or Lessee
shall, at its sole expense, grade and/or pave, if applicable, specified roadways, accesses,
easements and parking areas, and install accepted drainage and signage components , adjacent to
or within the interior portion of the property in accordance with the directives of the Weld
County Department of Public Works and Department of Planning Services, as further described
in the accepted Construction Plans and USR14-0005 Plat Map. The main entrance
improvements will include; construction of adequate turning radii at the CR 126 roadway
accesses for USR14-0005 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 and/or Lessee shall be responsible for all maintenance of the on-site
improvements. Additional infrastructure improvements will be addressed at the time of
application for any future amended USR. Some of these improvements may include work
extending into State or County Right-Of-Way in which case a Right-Of-Way or access permit is
required.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners,
Property Owner and/or Lessee 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 and/or Lessee
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
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Property Owner and/or Lessee's failure to complete the On-Site Improvements within the time
period(s) established by Resolution approving USR14-0005, and/or set forth within the context
of this Agreement may, at County's option, result in the revocation of said land use permit.
4.0 Acceptance of On-Site Improvements: Upon completion of the on-site
improvements, Property Owner and/or Lessee 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 improvements described in Section D.1.0 and D.2.0 above. The County's
representatives may then initiate the process for "Acceptance of Improvements" set forth in
Sections E. 6.1-6.3. The BOCC does not represent or ensure the on-site improvements will be
constructed and/or available for their intended use(s). The County does not and shall not assume
liability for improvements designed and/or constructed by others.
"End of Part 1"
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Carly Koppes, Clerk and Recorder., Weld County. CO
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Terry Grazing Association, c/o Connell Resources, Inc.,—USR14-0005
Part 2: General Provisions
E. General Requirements:
1.0 Engineering Services: Property Owner and/or Lessee shall furnish, at its own
expense, all engineering services in connection with the design and construction of the
improvements identified on the accepted Construction Plans according to the construction
schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by
reference.
1.1 The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for public
improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
1.3 Property Owner and/or Lessee shall furnish construction drawings for the
road improvements on public rights-of-way or easements and all
improvements interior on the Property for approval prior to the letting of
any construction contract.
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 and/or
Lessee shall acquire, at the sole expense of Property Owner and/or Lessee, 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 and/or Lessee shall furnish and install, at its own
expense, the improvements identified on the accepted Construction Plans and USR14-0005 Plat
Map, be solely responsible for the costs listed on Exhibit "A", and described in parts A and D of
this agreement, which are attached hereto and/or incorporated herein by reference, with the
improvements interior to the Property being completed by the dates set forth on Exhibit"B" (On-
site), and improvements to public rights-of-way or easements being completed also in
accordance with the schedule set forth in Exhibit "B" (Off-site). 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 and/or Lessee.
3.1 Said construction shall be in strict conformance to the plans and drawings
accepted by the County and the specifications adopted by the County.
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Carly Koppes, Clerk and Recorder. Weld County, CO
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3.2 Property Owner and/or Lessee shall employ, at its own expense, a
qualified testing company previously approved by the County to perform
all testing of materials or construction; and shall furnish copies of test
results to the County. If County discovers inconsistencies in the testing
results, Property Owner and/or Lessee shall employ at its expense a third
party qualified testing company approved by County. Such third party
shall furnish the certified results of all such testing to the County.
3.3 At all times during said construction, the County shall have the right to
test and inspect, or to require testing and inspection of material and work,
at Property Owner and/or Lessee's expense. Any material or work not
conforming to the approved plans and specifications, including but not
limited to damages to property adjacent to the construction plan area shall
be repaired, removed or replaced to the satisfaction of the County at the
expense of Property Owner and/or Lessee.
4.0 Release of Liability: Property Owner and/or Lessee shall indemnify and hold
harmless the County from any and all liability loss and damage County may suffer as a result of
all suits, actions or claims of every nature and description caused by, arising from, or on account
of said design and construction of improvements by Property Owner and/or Lessee, 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 to the extent that the liability, loss or damage is caused by or arises out of
the negligence or intentional torts of the Property Owner and/or Lessee. However, to the extent
that the liability, loss or damage is caused by, or arises out of the negligence of the County or its
officers, agents, employees, or arises from the intentional torts or the gross negligence of the
County or its employees while acting within the scope of their employment, then Property
Owner and/or Lessee shall not be required to indemnify and hold harmless the County. 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 and/or Lessee
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).
6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon
compliance with the following procedures by the Property Owner and/or Lessee, the
improvements shall be deemed accepted by the County, if collateral had been initially posted for
the improvements. The BOCC does not represent or ensure the on-site improvements will be
constructed and/or available for their intended use(s).
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II III
6.1 If requested by the Property Owner and/or Lessee 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
USR improvements in that phase of the USR is satisfactory to the County,
and all terms of this Agreement have been faithfully kept by Property
Owner and/or Lessee.
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 and/or Lessee's engineer, the Property Owner and/or
Lessee 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 and/or Lessee, inspect the subject improvements, and notify the
Property Owner and/or Lessee of any deficiencies. If any deficiencies are
discovered, the Property Owner and/or Lessee shall correct the
deficiencies. The County Engineer shall reinspect the improvements after
notification from the Property Owner and/or Lessee 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, .
aii
when necessary, by Property Owner and/or Lessee's engineer, the
Property Owner and/or Lessee may, as set forth in Section D.4.0, request 8 z
in writing that the County inspect the improvements and recommend to ;.
the Board of County Commissioners that the improvements be accepted if
0
collateral had been initially posted for the improvements, and further that
the two-year warranty period begin. Upon completion of the two-year vm3
warranty period, the County Engineer and/or the Weld County Department row
of Planning Services shall, upon request of the Property Owner and/or o °s
Lessee, inspect the subject improvements, and notify the Property Owner Ina m
and/or Lessee of any deficiencies. If any deficiencies are discovered, the
Property Owner and/or Lessee shall correct the deficiencies. The County ma ro••"
Engineer and /or the Department of Planning Services shall reinspect the as
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improvements after notification from the Property Owner and/or Lessee
that said deficiencies have been corrected. If the County Engineer and/or
Department of Planning Services find 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 and/or the Department of
Planning Services for acceptance of improvements within the USR, the
Board of County Commissioners shall fully accept said improvements.
7.0 General Requirements for Collateral: (Currently no on-site collateral for USR14-0005 is
required, but possible future on-site collateral may be required by County, should the Property
Owner and/or Lessee revise conditions of operation in the future.)
7.1 County requires Property Owner and/or Lessee to provide collateral to
guaranty all of Property Owner and/or Lessee's obligations under this
Agreement: (1) Project Collateral for completion of all improvements
described in this Agreement shall be provided for off-site improvements
with no on-site collateral for USR14-0005 required at this time. Possible
future on-site collateral may be required by County, should the Property
Owner and/or Lessee 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
USR14-0005 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 and/or Lessee fails to adequately complete
rf
and/or repair improvements associated with this hnprovements
Agreement, County will access, in its sole discretion, Project or Warranty 3
Collateral to the extent necessary to complete said improvements or o
em
repairs in order to preserve public interest. m'_*
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7.5 Road Maintenance Collateral shall be submitted to County upon the 'o IL o
release of the warranty collateral by the Board of County Commissioners cem
or at the time of approval of this Agreement, if no Project Collateral was da
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initially submitted. Road Maintenance Collateral is held for use on roads
associated with the designated haul route.
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 approved USR14-0005 activities are initiated. If the
County has accepted a Corporate Guaranty as collateral pursuant to Weld
County Code Sec. 2-3-30.D. Road Maintenance Collateral shall be
submitted at the time of approval of the Improvements Agreement or at
such time that approved permit activities are initiated. The submitted
amount shall be $3,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads, 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 and/or Lessee 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 and/or Lessee of required roadway safety
related repairs, Property Owner and/or Lessee 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 and/or Lessee 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 and/or Lessee 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 and/or Lessee
to participate in any future maintenance and/or improvements
projects for the associated Haul Route. Upon vacation of the USR
for this facility and following determination by Public Works staff g
that no immediate repairs are required for the Haul Route, any
remaining funds in the escrow account will be returned to the USR
0
Permittee. •�z
7.5.2 Road Maintenance Collateral (For Off-Site Dust Control—If "m3
Applicable): o a r
The total costs for materials and application, will be listed on v
Exhibit "A" (OFF-SITE)— Dust Control, of this agreement. These
��
funds will be utilized by the County for roadway applications ma
specific to the USR's designated haul route, only if the Property a1°<v
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Owner and/or Lessee does not adhere to the requirements for dust
suppression as 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.
7.6 Acceptable Project Collateral shall be submitted by the Property Owner
and/or Lessee 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
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 and/or
Lessee's operations pursuant to USR14-0005 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 and/or Lessee 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 and/or Lessee 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 and/or Lessee upon request. •-
On
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 o a
Guarantor's state of incorporation, in an amount equivalent to one hundred ( m 3 a
percent (100%) of the value of the improvements set forth in the
Improvements Agreement and the Plat. The corporate guaranty shall LLv i
L n
conform to and be subject to the requirements of Weld County Code "reps
Section 2-3-30 B.4. The Property Owner and/or Lessee shall utilize only a nE 71
dao
County approved form when obtaining a corporate guaranty: &yr
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(CORPORATE GUARANTY FOR BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of
said form shall be provided to Property Owner and/or Lessee 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 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 and/or Lessee 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 and/or Lessee 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 and/or Lessee is required to warranty the improvements,
the Property Owner and/or Lessee 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 c
guaranty agreement is appropriate under the circumstances. The Board 8.•
may consider (1) the value listed in the improvements agreement, (2) the ti
net worth of the Guarantor, (3) the Applicant's history regarding S.
successful local projects, and (4) anything else the Board deems relevant aY
and appropriate for consideration for a corporate guaranty as a form of ,afm3`—
acceptable collateral. The Board further reserves the right to require
a i
Property Owner and/or Lessee to obtain replacement collateral if the rating m i o g
of the financial institution providing said collateral drops below the levels
stated above. Replacement collateral shall be submitted by Property 0r2S
Oa Owner and/or Lessee within sixty (60) days of the Board's notice to ul M-
Property Owner and/or Lessee that the rating has fallen and that the °-":27-4
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collateral must be replaced. Property Owner and/or Lessee 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 and/or Lessee 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 and/or Lessee'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 and/or
Lessee has completed improvements as shown on the USR14-0005
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
and/or Lessee'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
EC
applicable, indicating the fire hydrants are in place in accordance with the 8 so
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. §a-
8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the lcr am'
final Construction Plans. „,-i
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8.7 Following the submittal of the Statement of Substantial Compliance and N LL v
written recommendation of acceptance of the improvements by the Weld 11;��4
County Department of Planning Services and the Weld County m£`
Y1 Q T Y
Department of Public Works, the Property Owner and/or Lessee (if a"cr co
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Property Owner and/or Lessee 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.
8.8 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
"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 and/or
Lessee 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 and/or Lessee without the express written
consent of County and the written agreement of the party to whom the obligations under this
Agreement are assigned. Property Owner and/or Lessee's release of its obligations shall be
accomplished by County's execution of a new Improvements Agreement with the successor 8
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,
o
County may agree to release Property Owner and/or Lessee in whole or in part from obligations
under this Agreement. County's rights and obligations under this Agreement shall automatically v m 3
" •
be delegated, transferred or assigned to any municipality which, by and through annexation G -s
proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by 0 va—
this Agreement. All of the terms and conditions set forth in this Agreement shall be binding csi
upon the heirs, executors, personal representatives, successors and assigns of Property Owner N=a
and/or Lessee, and upon recording by the County, shall be deemed a covenant running with the m aro Y
land herein described. mm=e-
otte
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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 and/or
Lessee has violated any of the terms of this Agreement, County shall notify Property Owner
and/or Lessee of its belief that the Agreement has been violated and shall state with specificity
the facts and circumstances which County believes constitute the violation. Property Owner
and/or Lessee 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 Sections C. 4.0 & C. 5.0 of this
Agreement, and a failure to enter into such Agreements in a timely manner.
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 USR14-
0005 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/or Lessee
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 — USR14-0005 by New Property Owner
and/or Lessee: This Agreement shall terminate following County's execution of a new
Improvements Agreement According to Policy Regarding Collateral for Improvements —
USR14-0005 with a new Property Owner and/or Lessee who has purchased the Property,
and intends to make use of the rights and privileges available to it through the then
existing USR. K'
Ss
1.3 Execution of Replacement "Improvements Agreement According to k
Policy Regarding Collateral for Improvements — USR14-0005 by New Operator: This 0-4
Agreement shall terminate following County's execution of a new Improvements m9�
vmv
Agreement According to Policy Regarding Collateral for Improvements — USR14-0005 Mm's
with a new operator who has assumed the operation of the business on the Property c vim
which business activities are permitted by the then existing USR. N a o
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IX re Y_
2.0 Termination Procedures: if;a ry S
romrs
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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/or Lessee 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 and/or Lessee or Operator
desires to assign its rights and obligations under this Agreement to a successor Property
Owner and/or Lessee or Operator, the Property Owner and/or Lessee 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 Lessee 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
and/or Lessee 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 Lessee 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 — USR14-0005 with a successor
Property Owner and/or Lessee 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 Lessee and/or Operator posts collateral for the required maintenance.
U
3.0 Consequence of Termination by Cessation of Permit Related Activities:
Following County's confirmation that Property Owner and/or Lessee and/or Operator has/have §a
o
ceased all permit related activities and has/have completed previously uncompleted °ac
Improvements and or completed any required road maintenance, County shalt release Property m3
Owner and/or Lessee and/or Operator from all further obligations under this Agreement. No
Further permit related activities shall be permitted unless and until approved by County ° va'
following execution of a new Improvements Agreement According to Policy Regarding c"II:-Ling:
Collateral for Improvements— USR14-0005 with a Property Owner and/or Lessee and Operator.
0)-
4.0 Consequence of Termination by Execution of Replacement Improvements a v v.-7-
09c.)
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Agreement: Following County's execution of an Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR14-0005 with a successor Property Owner
and/or Lessee and/or Operator, the predecessor Property Owner and/or Lessee and/or Operator
shall have no further rights and/or obligations under this Agreement or in USR14-0005.
5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that
activities related to USR14-0005 cease as a result of the revocation of the permit as described in
Section E.11.0 of this Agreement, neither Property Owner and/or Lessee nor Operator will be
released from any of the obligations imposed by the terms of this Agreement only after Property
Owner and/or Lessee'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.
H. Enforcement: If, in the County's opinion, Property Owner and/or Lessee 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 and/or Lessee 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
and/or Lessee 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.
§.�
o�
J. Authority to Sign: Each person signing this Agreement, and associated Exhibits, m°=
represents and warrants that he or she is duly authorized and has legal capacity to execute and ,e.Im34
deliver this Agreement. Each party represents and warrants to the other that the execution and .w
delivery of the Agreement and the performance of such party's obligations hereunder have been e°LL o
duly authorized and that the Agreement is a valid and legal agreement binding on such party and Nma) _
enforceable in accordance with its terms. If requested by the County, Property Owner and/or E 41
Lessee shall provide the County with proof of Property Owner and/or Lessee's authority to enter ma'
Malt
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into this Agreement within five (5) days of receiving such request.
4085328 Pages: 25 of 34
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Carly Koppes Clerk and Recorder, Weld County, CO
kir1l lIIs'altI iIUDIAi II III
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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 ifnj1[LA cl-f
PRINTED NAME { en har
TITLE (If Applicable) fft0StAlef iP j Cara Ajog ,
STATE OF f�3f� ) y
r.
ss. a
County of Weld•L4tQ 1711 E ) o E
U
m9 :
(qs3_e
The foregoing instrument� was acknowledged before me this ( day of ,�YNIY� , wmw�--
201(by ern `C ya\- o .ENO
Ca
N y-
WITNESS my hand and official seal. �n. .'` ii£�
AIMEEMUWNS•NOTARY PUBU� ALk -l /������CJCY�!/"� Agct to
mx
tary Public a v v_F
County of State of o
Laramie Wyoming
My commissio il��si�9i 0 oa .'-a-a
� L I !_ NN
SIGNATURE 1 ,"'n01 r
�
vaC.
PRINTED NAME �1.�
TITLE (If Applicable) n(�� }�( d P(�1_ 1 1�•
hC nu
STATE OFOCYLORADO )
ss.
County ofd tata f )
The foregoing instrument was acknowledged before me this J -day of s 1111 Y1.1( ,
20 Lgby AwAy,► \no,,.dV- &situ _
WITNESS my hand and official seal. Notarry Public
My commission Expires: {% UWNS.N0TMYPU8UC
County of - State of
Laramie Wyoming
My Commission Expires September 9 2018'•
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LESSEE (If Applicable):
SIGNATURE
PRINTED NAME JoInh M. aN✓r'am
TITLE Vicc 7c5;/t+ RYP(,e
DOUGLAS WI
- * 1 ANDERSON
STATE OF COLORADO ) ! •..,
ss.
County of Wch4ry LArNEP� ) MY COMMISSION EXPIRES:
,,//
, December 3,2015
The foregoin in�trument was acknowledged before me this /7=day of q
201 by z L �Mtr n
WITNESS my hand and official seal.
Nota Public
My commission Expires: 1-2714o/5
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair FEB 1 1 2015
dir.41.1 JCS'
Weld Count Clerk to the .hard : ,
1861 �� 1,
,11 15 `t
BY:
Deputy Cler /o the Board
APPROVED AS TO FORM: f%I
nty Attorney
4085328 Pages: 27 of 34
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VIIIIY1F11'S�es d!� �P�GFiI w Clerk and !��IJ�,iPrflicl 4i'UTVa�14 till
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/.5�o4410
•
EXHIBIT A - Cost Sheet�(OFF-SIdTE)
Name of Facility: COnnvt/- Carr / �T Filing/Case 4: U.G.. /7-coP Location: 04 yr1 CO C-Liz 6
.r
Personnel Contact:Name /kW y .c.)0 rlb+r—A--- Title: 4-gre ft/P 44.4hy Phone: 970 -223-3/$/
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the_following improvements.
Improvements (OFF-SITE)
(Leave spaces blank where they do not apply)
Ouantity Units Unit Costs 1$) Estimated Construction
Cost($)
)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 MeasuresBMP's
Road Maint. Collateral(per Sec.E.-7.5) at v,e,Gdjl ` Piet c
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:
(testing,inspection,as- mit plans and work in adr ition to preliminary and
Engineering and Supervision Costs($) final plat;supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS,ENGINEERING AND SUPERVISION (5)
4085328 Pages: 28 of 34
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Carly Koppes, Clerk and Recorder. Weld County, CO
����M!:111RIW:INIA NAME Mk "Ill
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 improv ents shall be completed according to the construction schedule set out in Exhibit B
By: ^-
--
Applicant
14e Resja. F Date /2.0 ,20/5—
Title
By:
Applicant
Date ,20
Title
4085328 Pages: 29 of 34
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Carly Koppes. Clerk and Recorder. Weld County, CO
■III M��11L'��R��'I +Pwci:t��'��IL�rRf11�1fE'�fili<lh iI III
Terry Grazing Assn, JRT LTD Partnership, and Connell Resources, Inc.
(#2013-0354 PL1487) USR#411 Improvements Agrmt for
Tucker Gravel Pit. Check#280164 from Connell Resources.
Deposited 02/04/2013 $3,600.00
4085328 Pages: 30 of 34
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Carly Koppes. Clerk and Recorder.. Weld County, CO
■IIIMI�j!;IIIk 'I'i�d �t+�4F+>i�h�U{ �ti1FNS:t i 1/111
EX1O:13 'A:=:G0 :$100(Q.N..--: IT S: : : : : : : : :
Name of Facility: Filing/Case Ii: Location:
Personnel Contact:Name Title: Phone:
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements :: : TTEJ: : : : : : : : : : : : : : : : . : ::
(Leave spaces blank where they do not apply)
• • '
Quantity Units Unit Costs($( Estimated Construction
Cost($)
'PUBLIC WORKS j
Site Grading
Street Grading
Street Base,Gravel for Parking
Street Paving
Pavement Marking
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access(per Sec.E.7.2)
Erosion Control Measures/BMP's
Road Maint.Collateral(per Sec.E.7.5)
Dust Control(per Sec.E.7.5.2)
Fire Hydrants
Survey,Street Monuments/Boxes
jPLANNING SERVICES,1,
Parking Area,Curb Stops,Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping,Seeding,Trees,etc.
Park Improvements
Handicap Accessibility,Parking& Rails
Septic Systems
SUB-TOTAL:
(I eking,inspection,as- mit plans and work in adution to preliminary and
Engineering and Supervision Costs($) final plat;supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS,ENGINEERING AND SIIPERVISION (R) J
4085328 Pages: 31 of 34
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Carly Koppes, Clerk and Recorder, Weld County, CO
����Mir.tRM9 Ill Ili11111
EXHiBI2' A CastSlieef (Q11�-SCTEigriati> r 'sge
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
By:
Applicant
Date ,20
Title
By:
Applicant
Date ,20
Title
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Carly Koppes. Clerk and Recorder, Weld County, CO
VIII M��1!'ZRf'til� l�l�l'i�G�?tiilW�tJ�.1R��Y�t�WI�, III III
EXHIBIT B- Time Schedule(ON-SITE) & (OFF-SITE) G Name of Subdivision,FED,USE,RE,SPR: US to -- 1 tire CO 5 Filing/Case a: Location: C4,Pr). f/CO E 1z
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)
(ON-SITE] tOFFSITEj
],PUBLIC WORKS],
Site Grading
Street Grading
Street Base,Gravel for Parking
Street Paving
Pavement Marking
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access
Erosion Control Measures/BMP's
Fire Hydrants
Survey,Street Monuments/Boxes
],PLANNING SERVICES.
Parking Area,Curb Stops,Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping,Seeding,Trees,etc.
Park Improvements
Handicap Accessibility,Parking&Rails
Septic Systems
Final Completion Date for Entire Project ? Z o iS
Q- D
4085328 Pages: 33 of 34
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Carly Koppes, Clerk and Recorder, Weld County. CO
����I)rdifir 1,011fiUTAI litf kr:14 ll},A'.1P:h?Iik II III
EXHIBIT B - Time Schedule- Signature Page
The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion
for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot
be met.
By:
A plicant
Yee PC,JA.-11 Date yea. ,20 IS-
Title
By:
Applicant
Date ,20
Title
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VIII I11ratit!AV9II1er.linlri 4RdRi kin' C9r1 III
O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx
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