HomeMy WebLinkAbout20152073.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 USE BY
SPECIAL REVIEW PERMIT, USR14-0050- NCWYO ASSETS, LLC
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 November 19, 2014, the Weld County Board of Commissioners approved
Use by Special Review Permit, USR14-0050, for Wade and Deland Castor, 22791 Highway 39,
Weldona, CO 80653, do Noble Energy, Inc.,1625 Broadway, Suite 2200, Denver, CO 80202, and
Wattenberg Holding, LLC, 3030 NW Expressway, Suite 1100, Oklahoma City, OK 73112, for
Mineral Resource Development Facilities, Oil and Gas Support and Service, Oil and Gas
Processing facilities and related equipment, fresh water ponds to be utilized for hydraulic field
exploration; Centralized Oil and Gas Processing Facility; Oil and Gas Storage Facility;
transloading; Crude Oil Pumping Station and related equipment; a thirty-five (35) foot in height
Communication Tower and any Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a
lot in an approved or recorded subdivision map or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following
described real estate, to-wit:
E1/2 NE1/4 of Section 21, Township 9 North, Range
59 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 NCWYO Assets, LLC for the Noble Energy East Pony
Centralized Processing Facility, with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Company Check from Noble Energy, Inc.,
P.O. Box 909, 110 W. Broadway, Ardmore, OK 73402, in the amount of$2,400.00, and drawn on
JP Morgan Chase Bank, NA, Texas Controlled Disbursements, Dallas, TX 75201, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Company Check, 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 NCWYO Assets, LLC, be, and hereby is, approved.
CC?w;Pc.;C u9/11
4131847 Pages: 1 of 28
08/06/2015 03:47 PM R Fee:$0.00 2015-2073
Carly Koppes, Clerk and Recorder, Weld County, CO
11111 PL2303
IMPROVEMENTS AGREEMENT - NCWYO ASSETS . LLC
PAGE 2
BE IT FURTHER RESOLVED that Company Check from Noble Energy . Inc. .
P. O. Box 909 . 110 W. Broadway, Ardmore, OK 73402 , in the amount of $2,400. 00 , and drawn on
JP Morgan Chase Bank. NA, Texas Controlled Disbursements , Dallas . TX 75201 . be and hereby
is , accepted .
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is , authorized to
sign said agreement.
The above and foregoing Resolution was . on motion duly made and seconded , adopted
by the following vote on the 13th day of July, A. D . , 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
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ATTEST: ,m) t� �
cpc
'Barbara Kirkmeyer, heir
Weld County Clerk to the Board
Mike Freeman . Pro-Tem
BY:
Deputy CI :$ k to t f = o .'i,, � EXCUSED
►%61 � , ;ii ? Sean P . Conway
AF,R9VED O ` , � ��. RECUSED
Julie A. Cozad
County Attorney
Steve Moreno
Date of signature : /
41
4131847 Pages : 2 of 28
08/06/2015 03 : 47 PM R Fee : $0 . 00
Carly Koppes Clerk and Recorder Weld County . CO
■I I I fri ra C!Tl r, '1ler,I S' I ch I L w' 14 U
2015-2073
PL2303
MEMORANDUM
TO: Clerk to the Board
S1861J�
,Efle
DATE: 7/9/2015
1114\ FROM: Richard Hastings, Public Works Department
\Os_
GOUNTY
SUBJECT: BOCC Agenda Item - Approve Improvements
Agreement and Accept Collateral For:
NCWYO Assets, LLC "Noble Energy East Pony" —
USR14-0050
Request for Approval of Improvements Agreement:
The Department of Public Works received a request from the applicant's representative, Pam
Hora/Tetra Tech, requesting that the Board of County Commissioners consider approving the
Improvements Agreement for the Oil and Gas Support and Service Facility, (USR14-0050),
located at CR's 115 & 104, northeast of the town of Keota.
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, Pam
Hora/Tetra Tech, requesting that the Board of County Commissioners consider accepting off-site
collateral in the form of a Company Check — Noble Energy, Inc. (JP Morgan Chase Bank) in the
amount of $2,400.00, 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 $2,400.00, for NCWYO Assets, LLC "Noble Energy East Pony" — (USR14-0050).
pc: Elizabeth Relford, Public Works
Michelle Martin, Planning Services 2015-2073
Bob Choate, Assistant County Attorney
U:\Engineering\PLANNING - DEVELOPMENT REVIEW\-2014 Planning Referrals\USR 141USR 14-0050 East Pony Centralized
Processingllmprovements Agreement\Approve IA 8c Accept Collateral (USR14-0050) Noble East Pony- MEMO.docx
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
NCWYO Assets, LLC-East Pony Centralized Processing Facility — USR14-0050
Part 1 : Site Specific Provisions
THIS AGREEMENT is made this
/ A-01 dayof uc.Y , 201:J , by and between,
NCWYO Assets, LLC, whose address is , 1625 Broadway, Suite 2200, Denver Colorado 80202,
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:
E1 /2 of NE1/4 of Section 21 , Township 9 North, and Range 59 West of the 6th
P.M., Weld County, Colorado and
hereinafter referred to as "the Property," and
WHEREAS, County has approved land use permits for a, Site Specific Development
Plan and Use by Special Review Permit, USR 14-0050, for Mineral Resource
Development Facilities, including an Oil and Gas Support and Service Facility, Oil and Gas
Processing facilities and related equipment, fresh water ponds to be utilized for hydraulic field
exploration; Centralized Oil and Gas Processing Facility; Oil and Gas Storage Facility;
transloading; Crude Oil Pumping Station and related equipment; a thirty-five (35) foot in
height Communication Tower ) on approximately 80 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 (USR14-0050), and
WHEREAS, the Property Owner acknowledges that the issuance of USR14-0050 is
as conditional upon Property Owner performance of the on-site and ofd site 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
im available and made a part hereof, as Exhibits C and D, respectively, and
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m mat WHEREAS, the Property Owner acknowledges that it may not engage in any activity
N m 3 described in USR14-0050 and/or any activity related to the businesses described above until said
�t improvements have been completed, and
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�� WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County
via m --2.7
Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein
m or to commence the use of the Property as approved in USR 14-0050 within three (3) years of the
MU
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approval of the permit issued under USR14-0050, may result in the revocation of USR14-0050,
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 USR14-0050, 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 104: 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 CR 104 right-of-way (ROW), drainage and signage installations, as
indicated on the accepted Construction Plans and/or USR 14-0050 plat. The main entrance
improvements will include standard tracking control, a double cattle guard set (one right after the
other), placed back to back across the entire width of the roadway access, to ensure a complete
revolution of the truck tires in order to minimize potential hazardous safety conditions relative to
the tracking of mud and debris onto the adjacent 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
a designated improvements, as specified above in Section A. 1 .0, on CR 104 and for any
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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
-I affected irrigation facilities; traffic control; and project safety during construction. Property
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NIP!, "e- Owner shall obey all applicable regulations issued by the Occupational Safety and Health
Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and
yr Environment, (hereinafter "CDPHE") and other Federal, State or County regulatory agencies.
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rna 3.0 Engineering Design and Construction Plans: For Off-Site Improvements as set-
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forth in Section A. 1 -2 above, all engineering designs and construction plans must be provided
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,� _ by Property Owner. All plans showing work within the County shall be reviewed and accepted
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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 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 haul traffic, the County reserves the right
to install traffic counters on the driveway(s) of their facility. The percentage of haul traffic
utilizing County roads in the vicinity of the site attributable to Property Owner (or their
contractors, clients, tenants, or customers) activities will be determined by traffic counts
conducted by the County on the primary and requested alternate or revised haul routes. The
County will have sole responsibility for determination of the percentage of haul route traffic on
all affected roads.
7.0 Future Improvements: Future improvements to the haul route(s) may be required
f 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
a t construction plans based on the Applicant's share of ESAL Counts using then current data on the
0 ?cel G . • haul route in the implementation of the above-mentioned improvements. County personnel alone
;;.g -? shall make all determinations regarding the gathering of and use of traffic data when making
u. g y decisions regarding cost sharing. In order to accurately determine percentage of Property Owner
cecr _� haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their
WO. Ca facility. Future improvements will be subject to any Federal, State or County regulations in
(Fria place at the time the improvement project is initiated. Haul Route improvements may be
mr) 9r.; triggered due to heavy truck traffic associated with the facility.
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Due to the increased traffic volumes at the facility below is a list of American Association of
State Highway & Transportation Officials (AASHTO) site-specific triggers for the
improvements for the upgrading, widening, and/or paving of CR 104 adjacent to the facility
entrance:
1 . 200 vpd or significant dust as identified by County-Mag-Chloride dust abatement
2. 300 vpd alternative pavement
3 . 400 vpd asphalt pavement
4. 10 vph during peak hour turning left into the facility-left deceleration lane
5. 25 vph during peak hour turning right into the facility-right deceleration lane
6. 50 vph during peak hour turning right out of the facility-right acceleration lane.
8.0 Timing of Improvements: to theprovisions of Weld County Code Sec.
p Subject
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:
0 lei. 1 .0 Established Haul Routes from the facility access point:
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3 1 . 1 Exiting or entering the site: Haul trucks shall enter or exit the site at the
• ►� z approved accesses onto CR 104, from CR 115 Section Line Access, for
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LLto O further dispersal. Any County roads routinely utilized by USR14-0050 haul
traffic may become part of the established haul routes.
ma to . 1 .2 No haul vehicles may exceed CDOT required specifications for pounds per
i° a X axle.
m" -4 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
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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 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
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by Property Owner or site operator to approve the use of an additional access, new haul route, or
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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 Rec uirements:
1 .0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be
81 financially responsible for the excavation, repair, and patching of any damage on current or
ft future haul route roads, which in the sole opinion of County has been created by hauling to and
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+ from the Property. Should Property Owner's site activities and/or should Property Owner's truck
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.n __ circulation patterns change in the future so that County approves an alternate haul route, and all
en
Q. 3 ar or a significant portion of Property Owner's sourced traffic no longer utilizes the above-
`' to 54 described haul route and instead utilizes other portions of County roads, Property Owner shall
`~ ;• 1; -%
y cooperate with County in maintenance of said roads which are included within the new haul
Le3) s route. The type and method of repair will be determined by the County Engineer or his
trig". 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.
to N
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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
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.
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us_
i __ 1 .3 In County's sole discretion, County may undertake the repairs and/or
improvements. Property Owner's payment for its Proportionate Share of
Dias- the road repairs/improvements will be calculated as determined in
Nm3 Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent
v� -_ with Section C.3 .0 of this Agreement.
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recr . 1 .4 The County shall notify Property Owner of County's preliminary
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ot determination and assessment of Property Owner's proportionate share of
a
o costs of dust control, paving, repairs and maintenance on any particular
m" Haul Route Road. Prior to County's final determination and assessment,
i !_S County shall provide Property Owner with a reasonable opportunity to
e t7 g review, comment upon and supplement County's data, collection
°° m methodology, and determinations. The County shall review and consider
egm Property Owner's input prior to making a final determination and
assessment. The County shall have sole responsibility for determination
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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
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,
P
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
Section 2-4-40 of Weld County Code. Revocation of USR14-0050 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 USR 14-0050 but Property
m� w Owner shall complete all On-Site Improvements as shown on the accepted Construction Plans
co N � and/or plat map for USR 14-0050.)
.r
0 41
CO aa 1 .0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or
re
'7; 3: maintain the landscaping, to include maintenance of the existing berm, and re-seeding of the
via ti ', property where applicable as shown on the accepted Construction Plans and/or USR 14-0050 plat
at c map. Specifically, Property Owner shall at its own expense, plant, install and/or maintain all
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grass and other landscaping and re-seeding where applicable as shown on the accepted
Construction Plans and/or USR 14-0050 plat map. Additionally, the Property Owner shall install
and/or maintain fencing to screen the property where applicable as indicated on the accepted
construction plans and/or USR 14-0050 plat map. In the event any of these improvements may
include work extending into State or County Right-Of-Way, a Right-Of-Way or access permit is
required.
2.0 On-Site Grading, Drainage Facilities and Paving: Property Owner shall, at its
sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and
parking areas, and install accepted drainage and signage components , adjacent to or within the
interior portion of the property in accordance with the directives of the Weld County Department
of Public Works and Department of Planning Services, as further described in the accepted
Construction Plans and/or USR 14-0050 Plat Map. The main entrance improvements will
include; construction of adequate turning radii at the CR 104 roadway accesses for USR 14-0050
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
ail completed within the parameters established in Section E.7.2 and Exhibit B. The Property
82 Owner's failure to complete the On-Site Improvements within the time period(s) established by
k Resolution approving USR 14-0050, and/or set forth within the context of this Agreement may, at
o •t- County's option, result in the revocation of said land use permit.
U
m3 i
4.0 Acceptance of On-Site Improvements: Upon completion of the on-site
N
4.. k-i% improvements, Property Owner shall contact the Weld County Department of Planning Services
04;° and the Weld County Department of Public Works and request an inspection of the on-site
C u. o p q p
rireggC improvements described in Section D. 1 .0 and D.2.0 above. The County' s representatives may
N r a then initiate the process for "Acceptance of Improvements" set forth in Sections E. 6. 1 -6.3 . The
L s BOCC does not represent or ensure the on-site improvements will be constructed and/or
a "'Ili) 'Li- available for their intended use(s). The County does not and shall not assume liability for
2 (Arr.
improvements designed and/or constructed by others. "End of Part I "
N N ' ra
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up re co m U = 0050) Part 1 Site Specific Provisions- Final IA .docx
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Noble Midstream Services, LLC-East Pony Centralized Processing Facility — USR14-0050
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 furn i shed to the County for recording.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
•
Eran improvements identified on the accepted Construction Plans and USR 14-0050 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
ffs 2. improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On-
Nm3 __ site), and improvements to public rights-of-way or easements being completed also in
- :a accordance with the schedule set forth in Exhibit "B" (Off-site). The Board of County
o Commissioners, at its option, may grant an extension of the time of completion set forth in
851 Exhibit B stated herein upon application by the Property Owner.
ga ' R 3. 1 Said construction shall be in strict conformance to the plans and drawings
m accepted by the County and the specifications adopted by the County.
SU
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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
41. warranty period shall begin only after the County's execution of a written acceptance of the
improvement(s).
-b
6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon
8IN compliance with the following procedures by the Property Owner, the improvements shall be
m m deemed accepted by the County, if collateral had been initially posted for the improvements.
co N m3 The BOCC does not represent or ensure the on-site improvements will be constructed and/or
o . - available for their intended use(s).
et mac
v n. m -_— 6. 1 If requested by the Property Owner and approved by the County, portions
r r L __ of the improvements may be placed in service when completed according
aim -
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em8 �
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.
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
improvements and recommend to the Board of County Commissioners
that the improvements be accepted if collateral had been initially posted
la for the improvements, and further that the two-year warranty period begin.
o
Upon completion of the two-year warranty period, the County Engineer
and/or the Weld County Department of Planning Services shall, upon
request of the Property Owner, inspect the subject improvements, and
m notify the Property Owner of any deficiencies. If any deficiencies are
m m discovered, the Property Owner shall correct the deficiencies. The County
N • 3
ere L s Engineer and /or the Department of Planning Services shall reinspect the
Mo .141 improvements after notification from the Property Owner that said
re
c 0 ; deficiencies have been corrected. If the County Engineer and/or
0 Y Department of Planning Services find that the improvements are
ma iv
constructed according to County standards, he or she shall recommend full
army
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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 USR14-0050 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: ( 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-
0050 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
USR13-0014 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
Sic public interest.
1
7.5 Road Maintenance Collateral shall be submitted to County upon the
release of the warranty collateral by the Board of County Commissioners
to m3 _ or at the time of approval of this Agreement, if no Project Collateral was
N •a initially submitted. Road Maintenance Collateral is held for use on roads
0-0 associated with the designated haul route.
itce
wri If no Project Collateral was initially submitted, Road Maintenance
dS
�a ; Collateral shall be submitted at the time of approval for this Agreement or
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at such time that approved USR14-0050activities 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 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 fiends
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
and following determination by Public Works staff that no
immediate repairs are required for the Haul Route, any remaining
funds in the escrow account will be returned to the USR Permittee.
7.5.2 Road Maintenance Collateral (For Off-Site Dust Control — If
i
Applicable):
o E The total costs for materials and application, will be listed on
Exhibit "A" (OFF-SITE) — Dust Control, of this agreement. These
sic
•� funds will be utilized by the County for roadway applications
a.
specific to the USR's designated haul route, only if the Property
m -a Owner does not adhere to the requirements for dust suppression as
co
Nto specified in Section A.6.0 of this agreement. Following completion
o a I -- of all construction phases, and/or upon vacation of this USR, and
L.U- g 3 following determination by Public Works staff that no immediate
EEt �
c � repairs are required for the Haul Route, any remaining Dust
CO am Control collateral will be returned to the USR Permlttee.
cn
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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
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 USR 14-0050 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
Property Owner upon request.
7.8 Collateral may be in the form of a corporate guaranty given by a legal
entity in good standing and authorized to do business in the State of
Colorado or the applicable governmental licensing agency of the
Guarantor's state of incorporation, in an amount equivalent to one hundred
percent ( 100%) of the value of the improvements set forth in the
•e.
8 Improvements Agreement and the Plat. The corporate guaranty shall
conform to and be subject to the requirements of Weld County Code
o•
e Section 2-3-30 B.4. The Property Owner shall utilize only a County
approved form when obtaining a corporate guaranty: (CORPORATE
mas
co GUARANTY FOR BOARD OF COUNTY COMMISSIONERS OF
N •
WELD COUNTY, COLORADO). A copy of said form shall be provided
c to Property Owner upon request.
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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,
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
LI au_
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
o -
above. Replacement collateral shall be submitted by Property Owner
-a
aom3 ` 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
° via
� may not terminate existing collateral until replacement collateral has been
secured.
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8.0 Request for Release of Collateral: Collateral shall be released in accordance with
the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire
project or for a portion of the project by Weld County, the Property Owner must present a
Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The
Statement of Substantial Compliance shall state that the project or a portion of the project has
been completed in substantial compliance with accepted plans and specifications documenting
the following:
8. 1 The Property Owner's Engineer or his representative has made regular
on-site inspections during the course of construction and the construction
plans utilized are the same as those accepted by Weld County.
8.2 For the improvements to public rights-of-way or easements, test results
must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials
sampling, testing and inspections found in CDOT Materials Manual.
8.3 "As-built" plans shall be submitted at the time the letter requesting release
of collateral is submitted or at such time as the Property Owner has
completed improvements as shown on the USR14-0050 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
and, if required by the County, state the results of fire flow tests.
a 4-1 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the
a final Construction Plans.
� — 8.7 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the Weld
m� County Department of Planning Services and the Weld County
N m3ae
— Department of Public Works, the Property Owner (if Property Owner has
o �. s supplied any or all of the collateral) may request release of the collateral
cc � t for the project or portion of the project by the Board. This action will be
cer2 —e taken at a regularly scheduled public meeting of the Board.
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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. 1f 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
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
8 ral jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the
L
terms and conditions set forth in this Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of Property Owner, and upon recording by the
County, shall be deemed a covenant running with the land herein described.
J
N s 3 10.0 County Engineer: All references in this Agreement to "County Engineer" shall
o O4 aL-1
° r refer to the any individual or individuals appointed by the County Engineer to act on his/her
R-4761
' LL O _ behalf.
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11 .0 Violation of Terms of Agreement: If in County's opinion, Property Owner has
violated any of the terms of this Agreement, County shall notify Property Owner 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 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-
0050 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 — USR14-0050 by New Property Owner:
This Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR14-
0050with 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 — USR14-0050by New Operator: This
Ria
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR14-0050
ski
Tan 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.
N m 3 a 2.0 Termination Procedures.
44— tai
o v f ■ 2. 1 Termination Procedures Following Cessation of Permit Related Activities:
N rt a Following the events outlined in paragraph 1 . 1 above, County shall conduct its annual
n road inspection. Said road inspection shall be conducted on or before May 31 following
ma the announcement or determination of the cessation of permit related activities on the
18 of 22
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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
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 — USR14-0050 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
2 permit related activities and has/have completed previously uncompleted Improvements and or
g R completed any required road maintenance, County shall release Property Owner and/or Operator
- •r-• from all further obligations under this Agreement. No Further permit related activities shall be
Fpermitted unless and until approved by County following execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR 14-0050 with a
03 _m Property Owner and Operator.
� �
o v 4.0 Consequence of Termination by Execution of Replacement Improvements
rovements
q P P
N LL 8 _ Agreement: Following County's execution of an Improvements Agreement According to
�� Policy Regarding Collateral for Improvements — USR14-0050 with a successor Property Owner
o a F o and/or Operator, thepredecessor Property Owner and/or Operator shall have no further rights
P P Y P g
dm i= and/or obligations under this Agreement or in USR 14-0050.
3
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5.0 Consequence of Termination Pursuant to Section E. 11 .0: In the event that
activities related to USR14-0050 cease as a result of the revocation of the permit as described in
Section E. 11 .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.
H. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms
of this Agreement, County shall notify property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which the County believes
constitute violation. Property Owner shall have thirty (30) days within which to either cure the
violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in
good faith that a violation of the terms and conditions of this Agreement still exists (despite
cure), County may enforce by any legal means, including, but not limited to, legal action for
equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral
(if applicable), and/or administrative action of the County to suspend or revoke the underlying
land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld
County Code. Violations of the terms and conditions of this Agreement include, but are not
limited to, violations of the agreements Property Owner must enter into as required by this
Agreement, and/or failure to enter into such agreements in a timely manner.
I. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever by any other person
or entity not included in this Agreement. It is the express intention of the undersigned parties that
any person or entity, other than the undersigned parties, receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
g 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
o deliver this Agreement. Each party represents and warrants to the other that the execution and
m� delivery of the Agreement and the performance of such party's obligations hereunder have been
e4
C.34)4 r 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
NLL U fl provide the County with proof of Property Owner's authority to enter into this Agreement with in
wi `_ five (5) days of receiving such request.
'!� S
a. le
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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: -C?
SIGNATURE
• --r ?..1)PM7
PRINTED NAME • L p h gt &c ^,
TITLE (If Applicable) Yitict Pre s , d t NC W Yo 4s5ests1
STATE OF COLORADO )
) ss.
County of Weld )
The foregoing instrument was acknowledged before me this 7 day of `\t)1 t.8
2014, by losoS \-1 . LpMunn
WITNESS my hand and official seal. 10-ta-AsciaorwAti
No ry Public
TESSA JOY KAUFFMAN
My commission Expires: ] 2 f q j tp NOTARY PUBLIC - STATE OF COLORADO
My Identificaton # 20124080643
Expires December 14, 2016
SIGNATURE
PRINTED NAME
TITLE (If Applicable)
STATE OF COLORADO )
ss.8 County of Weld )
a ti
-
C _
J
U
mE The foregoing instrument was acknowledged before me this day of
N 3 2015, by
m --
te
coLLCam—
o VI. WITNESS my hand and official seal .
° +
Cr
ti nip Notary Public
l
°- My commission Expires:
- a-- 21 of 22
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LESSEE (If Applicable):
SIGNATURE
}:;_ecit)
PRINTED NAME JC c/7/_./tire it 2 a
TITLE il' vis'!1 /N Fact
STATE OF COLORADO )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this '1 day of V\
2015, by Job Vt . Loguyto 0
WITNESS my hand and official seal.
Not y Public
My commission Expires: VZ AV.Ii TESSA JOY KAUFFMAN
NOTARY PUBIC - STATE OF COLORADO
My Identification t 20124080643
Expires December 14, 2016
ATTEST: w .fedio;A BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Beard WELD COUNTY, COLORADO
ABY: cal /L�
0 Deputy Cl ,1 k to the B . ►� ` Barbara Kirkm er. Chair
P y .►� .,.� } JUL 1 3 2015
} APPROVED AS TO FO '� • etilts Ls. ,1 APPROVED AS TO SU TANCE:
-or- 11<61 `„• 41=G.
eVAhetat-t_ 44O'
o w- i County Attorney ted Icla or Department Head
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EXHIBIT A - Cost Sheet (OFF-SITE )
Name of Facility: East Pony Central Processing Facility Filing/Case #: USR14-0050 Location: E1/2, NE1/4, S21, T9N, R59W
Personnel Contact: Greg Pickerel Title: CPF Project Manager Phone: 970-5.56-9814
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 )
Ouantitv Units Unit Costs ($) Estimated Construction
Cost ($)
J,PUBLIC WORKSJ,
Site Grading
Street Grading
Street Base, Gravel for Parking
Street Paving
Pavement Marking
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access Improvements
Erosion Control Measures/BMP's
Road Maint. Collateral (per Sec. E.-7.5)
$2,400.00
Dust Control (per Sec. E.-7.5.2)
Fire Hydrants
Survey, Street Monuments/Boxes
J,PLANNING SERVICES4.
Parking Area, Curb Stops, Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
Park Improvements
4131847 Pages : 25 of 28
Handicap Accessibility, Parking & Rails 08/06/2015 03 : 47 PM R Fee : $0 . 00
$0 . 00
Carly Koppes . Clerk and Recorder , Weld County . CO
Septic Systems ■III M����1�� w�I�IF�l�6K� I������;Fifi� Kl,� W��� VP WA 11111
SUB-TOTAL:
(Testing, inspection, as- uilt plans and work in ad ition to preliminary and
Engineering and Supervision Costs ($) final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION (5) $2,400.00
EXHIBIT A - Cost Sheet (OFF-SITE ) - Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
By:
a,
Appl' t
v!`Il e F t` Date /4 r, / a , 20 /
Title
By:
Applicant
Date , 20
Title
4131847 Pages : 26 of 28
08/06/2015 03 : 47 PM R Fee : $0 . 00
Carly Koppes • Clerk and Recorder . Weld County . CO
IN,7S1,'), Bill
P
EXHIBIT B - Time Schedule (ON-SITE ) & (OFF-SITE )
Name of Subdivision, PUD, USR, RE, SPR: East Pony Central Processing Facility Filing/Case #: USR14-0050Location: E1/2, NEI/4, S21, T9N, R59W
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 )
t ON-S 1 f it:4_1TE j
J.PUBLIC WORKSJ,
Site Grading
Street Grading
Street Base, Gravel for Parking
Street Paving
Pavement Marking
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access
Erosion Control Measures/BMP's
Fire Hydrants
Survey, Street Monuments/Boxes
IPLANNING 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 December 2017
4131847 Pages : 27 of 28
08/06/2015 03 : 47 PM R Fee : $0 . 00
Carly Koppes , Clerk and Recorder . Weld County . CO
1111 KA rtII iilM UV Ain UPP. lde tlI'inklrf Si, BIM
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:
App ant
ttOr- n - F t Date ars o , 20 1
Title
By:
Applicant
Date , 20
Title
4131847 Pages : 28 of 28
08/06/2015 03 : 47 PM R Fee : $0 . 00
Carly Koppes , Clerk and Recorder , Weld County CO
Rol
O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx
rage 1 OT I
INVOICE NUMBER INVOICE DATE DESCRIPTION DISCOUNT NET AMOUNT
042915WELD f 29 -APR - 15 200985 / 510 . 20 0278 - FEE FOR 0 . 00 2 , 400 . 00
0 . 00 2 , 400 . 00
NOBLE ENERGY, INC.
05 / 12 / 15 2015981782 137823 P.O. BOX 909 110 W. BROADWAY $ * * * * 2 , 400 . 00
DATE CHECK NO . ACCT . No . ARDMORE, OKLAHOMA 73402 (800) 220-5824 TOTAL
PLEASE DETACH BEFORE DEPOSITING CHECK
NOBLE ENERGY, INC. JPMorgan Chase Bank NA
TEXAS CONTROLLED DISBURSEMENTS 2015981782
P O. BOX 909 110 W. BROADWAY DALLAS, TX 75201
ARDMORE, OKLAHOMA 73402 (800) 220-5824 111100 0002 88-88/1113
DATE CHECK NO. PAY[•` ��ff a (�,� ��(� $ * * * * 2 , 4 0 0 . 0 0
05 / 12 / 15 2015981782 EXACflVa!F2 1OOd0ISOO0tS
Two Thousand Four Hundred Dollars And Zero Cents
PAY
TO THE WELD COUNTY PUBLIC WORKS DEPT
ORDER PO BOX 758
OF GREELY, CO 80632
US
II1111111,11,11111,
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