HomeMy WebLinkAbout20152777.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
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0025, MINOR
AMENDMENT TO 2ND AMUSR-1614) - ROSE ROCK MIDSTREAM CRUDE, LP
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 January 19, 2015, the Director of Planning Services, Tom Parko,
approved a Minor Amendment, MUSR14-0025, (Minor Amendment to 2nd AmUSR-1614), for
Rose Rock Midstream Crude, LP, 3030 NW Expressway, Suite 1100, Oklahoma City, OK 73112,
for Mineral Resource Development Facilities, including Oil and Gas Support and Service,
including the expansion of the truck unloading area to fourteen (14) bays, two (2) additional
100,000-barrel tanks for crude oil storage, five (5) 5,000-barrel tanks, a new office and a new
shop/warehouse structure in the A (Agricultural) Zone District, on the following described real
estate, to-wit:
Lot C of Recorded Exemption, RE-4829; being part
of the S1/2 SE1/4 of Section 24, Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements and Road Maintenance Agreement According to Policy Regarding
Collateral for Improvements between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Rose Rock Midstream Crude, LP, with
terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with a Corporate Guaranty from Rose Rock
Midstream Crude, LP, 3030 NW Expressway, Suite 1100, Oklahoma City, OK 73112, subject to
the provisions hereof, as Rose Rock, LP, ("Guarantor"), hereby unconditionally and irrevocably
guarantees to Weld County ("Beneficiary"), as primary obligor and not as surety, the full and
prompt payment when due of the Guaranteed Obligations, and subject to the liability provisions of
the Improvements and Road Maintenance Agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Corporate Guaranty 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 and Road Maintenance Agreement According to Policy
Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Rose Rock Midstream Crude,
LP, be, and hereby is, approved.
4141051 Pages: 1 of 28
09/10/2015 02:20 PM R Fee:$0.00
Carly Koppel. Clerk and Recorder, Weld CoTty,
■III�!��1�i��IL��:I�l���f�ti : I���I�«ti�F �;�� 11111 2015-2777
(4111? PL1918
IMPROVEMENTS AGREEMENT - ROSE ROCK MIDSREAM CRUDE , LP
PAGE 2
BE IT FURTHER RESOLVED that Corporate Guaranty from Rose Rock Midstream
Crude , LP . 3030 NW Expressway, Suite 1100, Oklahoma City, OK 73112 , with the terms as
agreed upon , 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 19th day of August, A. D . , 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: l� �,� � ���,
li. arbara���t Kirkmeyer, Chair
Weld County Clerk to the Board
-
Mike Freeman . Pro-Tem
BY: � , - I_` r LSllA 1 ... fir ----~
I► _ s uty Clerk to the Board 7� ,` f / ---_____ ----R,
n P . Co way
APPR VED AS TO FARM : • 6tti!D1
ih0 ej -C)
A. Cozad
County Attorney i `( NI Steve
CUSED
Steve Moreno
Date of signature: 9k
4141051 Pages : 2 of 2800
`` II
09/ 10/2015 02 : 20 P n R F;e $le �i�'iri II I
Carly KoPPes : Clerk and Recorder . bl? ld count
co- � 2015-2777
III �� 1'■ ��u PL1918
MEMORANDUM RECEIVED
AUG 0 7 2015
TO: Clerk to the Board
-erne.: WELD COUNTY
DATE: 8/6/2015 COMMISSIONER
VJ?T7i11 \
Ubilia FROM: Richard Hastings, Public Works Department
OUNTY
SUBJECT: BOCC Agenda Item - Approve Improvements
Agreement and Accept Collateral For:
Rose Rock Midstream Crude LP — MUSR14-0025
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 Mineral Resource Development Facility, including Oil
and Gas Storage, (MUSR14-0025), located at CR's 30 & 49, east of the town of Platteville.
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 Guaranty For Board of County Commissioners of Weld County,
Colorado— Rose Rock Midstream Crude, LP, 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, for Rose
Rock Midstream Crude LP (MUSR14-0025).
pc: Elizabeth Relford, Public Works
Kim Ogle, Planning Services
Bob Choate, Assistant County Attorney
p2-40 a777
U:\Engineering\PLANNING DEVELOPMENT REVIEW\--2014 Planning Referrals\MUSRI4\MUSR14-0025 Rose Rock\Improvements
Agreement\Approve IA & Accept Collateral (MUSR 14-0025) Rose Rock - MEMO.docx
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Rose Rock Midstream Crude, LP — MUSR14-0025
Part 1 : Site Specific Provisions
THIS AGREEMENT is made this of 2015 and between Rose
/ 9'iay by
Rock Midstream Crude, LP, whose address is, 3030 NW E ressway, Suite 1100, Oklahoma
City, OK, 73112 hereinafter referred to as "Property Owner," authorized to do business in the
State of Colorado, and the County of Weld, a body corporate and politic of the State of
Colorado, by and through its Board of County Commissioners, whose address is 1150 "O"
Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lot C of RE - 1213 - 24 - 4 , part of
S2SE4 S E 4 of Section 24 , Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
hereinafter referred to as "the Property," and
WHEREAS, County has approved land use permits for a, Site Specific Development
Plan and a Minor Amendment to Use by Special Review Permit (AmUSR-1614),
MUSR14-0025, to a Mineral Resource Development Facility, including Oil and Gas
Storage and related equipment, and one greater than seventy-foot in height, (100 foot)
communications tower on approximately 10 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
(MUSR14-0025), and
WHEREAS, the Property Owner acknowledges that the issuance of MUSR14-0025 is
conditional upon Property Owner performance of the on-site and off-site improvements which
are described in this Agreement and depicted in the plat map and the set of accepted
8i Construction Plans provided by Property Owner (hereinafter referred to as "Plans"), copies of
which shall be attached to this Agreement as they become available and made a part hereof, as
PI' Exhibit C, respectively, and
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IS m =-• WHEREAS, the Property Owner acknowledges that it may not engage in any activity
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`- described in MUSR14-0025 and/or any activity related to the businesses described above until
o f o said improvements have been completed, and
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in t -e WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County
Am m Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein
' 1•1 - or to commence the use of the Property as approved in MUSR14-0025 within three (3) years of
No `-
s y r the approval of the permit issued under MUSR14-0025, may result in the revocation of
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MUSR14-0025, uponconsideration 'p 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 MUSR14-0025, 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: (The Property Owner is still responsible for any pplicable
requirements as detailed in the original Long-Term Road Maintenance and Improvements Agreement Doc. #2008-
0330 for USR-1614.)
1 .0 Weld County Road 30: 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 30 right-of-way (ROW), drainage and signage installations, as indicated
on the accepted Construction Plans and/or MUSR14-0025 plat. The main entrance improvements
will include CR 30 turn lanes and standard County approved tracking control, to ensure a
complete revolution of the truck tires in order to minimize potential hazardous safety conditions
relative to the tracking of mud and debris onto the adjacent County roadways. Granting of any
new point of access may generate additional obligations with County for Off-Site Improvements
and the need to post additional "Road Maintenance Collateral". A County access permit is
needed for every access to a County road.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements, as specified above in Section A. 1 .0, on CR 30 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
o 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 shall obey all applicable regulations issued by the Occupational Safety and Health
m Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and
co m 3 Environment, (hereinafter "CDPHE") and other Federal, State or County regulatory agencies.
44.
° U. 0 t 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
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-
go = way, prior to the issuance of any access permit or right-of-way permit, a construction schedule
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giving times and locations of all proposed improvements shall be provided to Public Works for
review and acceptance. The approved and accepted construction plans are a part of this
Agreement.
4.0 Construction Standards: All construction and materials controls for a project and
any designated improvements shall conform to the requirements in effect as the time of the
completion of the improvements set forth in the "Standard Specifications for Road and Bridge
Construction" provided by CDOT.
5.0 Traffic Control: Prior to any construction in the County and/or State Right-Of-
Way and as a condition of issuance of any access permit or Right-Of-Way permit, the Property
Owner shall submit a traffic control plan for County review. During construction, appropriate
safety signage shall be posted in accordance with the then current version of the Manual of
Uniform Traffic Control Devices (hereinafter "MUTCD").
6.0 Off-Site Dust Control/Abatement and/or Paving (If Applicable): The Property
Owner is required to provide dust abatement along affected Haul Route Roads approximately
two to five times per year, as determined by the County. County will determine the proportionate
share of dust control and/or paving costs to be paid by Property Owner based upon then current
Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Property Owner
sourced traffic. The amount and extent of dust control and paving measures will be determined
by site-specific conditions at the time, as determined exclusively by County personnel. In order
to accurately determine percentage of Property Owner/MUSR14-0025 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/MUSR14-0025 (or their contractors, clients, tenants, or customers) activities will be
determined by traffic counts conducted by the County on the primary and requested alternate or
revised haul routes. The County will have sole responsibility for determination of the percentage
of haul route traffic on all affected roads.
7.0 Future Improvements: Future improvements to the haul route(s) may be required
by County. Property Owner shall address all County access issues associated with afore-
__ mentioned haul route. Future County-mandated measures may include improvements to any haul
route intersections or roadways then utilized by Property Owner. Property Owner shall pay a
proportionate share of the cost of the entire project including engineering designs and
construction plans based on the Applicant's share of ESAL Counts using then-current data on the
as haul route in the implementation of the above-mentioned improvements. Prior to County's final
;� determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection methodology,
and determinations. The County shall review and consider Property Owner's input prior to
co m 3 making a final determination and assessment. County personnel shall make all final
-a: determinations regarding the gathering of and use of traffic data when making decisions
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° o regarding cost sharing. In order to accurately determine percentage of Property Owner haul
traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility.
C Future improvements will be subject to any Federal, State or County regulations in place at the
tv m t 2 time the improvement project is initiated. Haul Route improvements may be triggered due to
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heavy truck traffic associated with the facility.
its
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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. 50vph 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 shall not be required to complete the aforementioned offsite improvements as
described in Sections A. 1 .0-2.0 until the occurrence of the triggering event for each
improvement, namely the application for the Grading Permit, Building Permit or Right-Of-Way
access permit or the commencement of activities on the property(s). At that time, Property
Owner agrees that the required off-site collateral will be posted and all on-site and offsite
improvements shall commence and shall be completed within the parameters established in
Sections A.3.0 and E.7.2, and Exhibit B, herein.
9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site
improvements, Property Owner shall contact a representative of the Weld County Department of
Public Works and request an inspection of the off-site improvements described in Sections
A. 1 .0-2.0 above. The County's representatives may then initiate the acceptance process set forth
in Sections E.6. 1 -6.3.
9. 1 All references in this Agreement to "Acceptance of Improvements" shall
refer to the County confirming completion of said improvement(s)
according to the accepted construction plans. By accepting any
improvement, the County does not thereby accept said improvement for
purposes of future maintenance, nor does the County accept any present or
future responsibilities or obligations relative to these improvements.
B. Haul Routes:
1 .0 Established Haul Routes from the facility access point:
1 . 1 Exiting or entering the site: Haul trucks shall enter or exit the site at the
approved accesses onto CR 30, for further dispersal. Any County roads
routinely utilized by MUSR14-0025 haul traffic may become part of the
established haul routes.
-;% -e 1 .2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
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w 1 .3 In unusual or rare occasions, if particular projects mandate deviation from
o v - the above-mentioned haul route for a limited period of time (which is
I a --a defined in this Agreement as a period of not more than thirty days), then
Nce E7 the County shall consider a deviation to the haul route. If County approves
�a It such deviation, haul vehicles will utilize paved county roads whenever
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d possible. A deviation from the established Haul route lasting more than
thirty (30) days or requests for two or more deviations within a twelve
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month period shall be subject to the terms of Section B.4.0. In the event
that haul route traffic, in excess of 15% of the daily facility haul vehicle
trips, utilizes alternate haul routes, the provisions of Section 4.0 of this
Section B shall be triggered.
2.0 Haul Route Signage (If Applicable): Property Owner shall install haul route signs,
as per MUTCD standards, at all exit points of the Property which can be clearly seen by drivers
leaving the facility and which clearly depict County approved haul routes.
3 .0 No Deviation from Permitted Haul Routes: Except under the provisions provided
in Section B. 1 .3, no deviation in the use of any roads other than those specifically authorized for
use in this Agreement is permitted without the prior written amendment of this Agreement.
4.0 Effect of Future Changes to Haul Routes: In the event that County is requested
by Property Owner or site operator to approve the use of an additional access, new haul route, or
an alternative haul route as a result of a change in Property Owner's site activities and/or truck
circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved
portion of County roads, and if County determines that dust control or paving is required on the
unpaved portion of said haul route roads, Property Owner agrees that dust control or paving
measures to protect the public health, safety, and welfare shall be instituted. County will
determine the proportionate share of dust control and/or paving costs to be paid by Property
Owner based upon then current truck trip counts that identify traffic loading due to Property
Owner-sourced traffic. The amount and extent of dust control and/or paving measures will be
determined by site-specific conditions at the time, as determined by County personnel. Prior to
County' s final determination and assessment, County shall provide Property Owner with a
reasonable opportunity to review, comment upon and supplement County's data, collection
methodology, and determinations. The County shall review and consider Property Owner's
input prior to making a final determination and assessment.
C. County Road Maintenance Requirements:
1 .0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be
financially responsible for the excavation, repair, and patching of any damage on current or
future haul route roads, which in the sole, but reasonably exercised, opinion of County has been
created by hauling to and from the Property. Should Property Owner' s site activities and/or
— should Property Owner' s truck circulation patterns change in the future so that County approves
an alternate haul route, and all or a significant portion of Property Owner' s sourced traffic no
longer utilizes the above-described haul route and instead utilizes other portions of County roads,
sir
Property Owner shall cooperate with County in maintenance of said roads which are included
within the new haul route and maintenance obligations for the unused portion of the haul route
31 will be relinquished. In the future, should the Property Owner once again utilize the original haul
94 route for MUSR13-0011 , haul route maintenance obligations will resume for said roadway
m 3miLesegment. The type and method of repair will be determined by the County Engineer or his
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te. ;a; j representative. Repairs shall commence within 48 hours of notification by the County for any
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LL 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.
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a N r se 1 . 1 Need for Immediate Repairs: In the event of damage to an Approved Haul
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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.
1 .3 In County's sole discretion, County may undertake the repairs and/or
improvements. Property Owner's payment for its Proportionate Share of
the road repairs/improvements will be calculated as determined in
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 of County's preliminary
determination and assessment of Property Owner's proportionate share of
a__ costs of dust control, paving, repairs and maintenance on any particular
0
o ire Haul Route Road. Prior to County's final determination and assessment,
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County shall provide Property Owner with a reasonable opportunity to
co m 3 review, comment upon and supplement County's data, collection
'�m methodology, and determinations. The County shall review and consider
° o ? Property Owner's input prior to making a final determination and
o° ce re
assessment. The County shall have sole responsibility for determination
w t r o of Property Owner's proportionate share of costs.
yamm o 2.0 Annual Road Inspection: County will conduct a road inspection annually with the
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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, but reasonably exercised, discretion, shall determine actual
conditions and shall further determine what road repair/improvement/maintenance work is to be
performed during that construction season. Notification to the Property Owner of the required
roadway repairs will be given as soon as the data becomes available.
3.0 Future Road Replacement: At any time in the future, if, in the opinion of County,
road damage increases beyond the point that repair of damage cannot maintain the road in a safe
and usable condition, Property Owner shall pay a proportionate cost of a complete restoration
based on the number of Haul Trip ESAL Counts using then current data of haul trips entering or
exiting Property Owner' s site onto the haul route in the implementation of the above-mentioned
improvements. Notification to the Property Owner of the required roadway replacements will be
given as soon as the data becomes available and typically takes place before the end of the year
prior to the start of the replacement project, as described in Section C. 1 .0 above.
4.0 Sharing of Road Maintenance Responsibilities with Other Property Owner and/or
Lessees: It is anticipated that Property Owner and other Property Owner and/or Lessees subject
to agreements similar to this Agreement will perform the required road maintenance work and
will share in the equipment, labor, and materials required. Any such sharing arrangement
between Property Owner and/or Lessee, and other Property Owner and/or Lessees shall be
conducted pursuant to separate agreements between the Property Owner and other Property
Owner and/or Lessees. County shall approve the Agreements only to determine whether the
required improvements/maintenance projects have been adequately addressed. County alone
shall determine the sufficiency of all road improvement/maintenance projects when completed.
5.0 Violation of Terms of Agreement: If Property Owner does not perform as
outlined in this Agreement and Exhibits A and B such non-performance will constitute a
violation of Property Owner land use permits granted by County, and County will take whatever
remedial measures it deems necessary, against Property Owner. In addition to any other remedy
available to the County in law or equity, a failure to comply with this Agreement shall be
considered grounds for setting a probable cause hearing according to the procedures described in
Section 2-4-40 of Weld County Code. Revocation of MUSR 14-0025 as it now exists or may,
from time to time, be amended is a remedy which County may impose.
A@ D. On-Site Improvements: (No On-Site Collateral is required for MUSR14-0025 but Property Owner
8 shall complete all On-Site Improvements as shown on the accepted Construction Plans and/or plat map for
MUSR 14-0025.)
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1 .0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or
13
m maintain the landscaping, to include maintenance of the existing berm, and re-seeding of the
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Nom` property where applicable as shown on the accepted Construction Plans and/or MUSR14-0025
°' J t plat map. Specifically, Property Owner shall at its own expense, plant, install and/or maintain all
avid =
mce grass and other landscaping and re-seeding where applicable as shown on the accepted
cr
;Acre_ Construction Plans and/or MUSR14-0025 plat map. Additionally, the Property Owner shall
°' a -t install and/or maintain fencing to screen the property where applicable as indicated on the
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• accepted construction plans and/or MUSRI 3-0011 plat map. In the event any of these
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improvements may include work extending into State or County Right-Of-Way, a Right-Of-Way
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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 MUSR14-0025 Plat Map. The main entrance improvements will
include; construction of adequate turning radii at the CR 30 roadway accesses for MUSR14-0025
and as further detailed in Section A. 1 .0 of this Agreement. Any other on-site improvements shall
be completed as indicated on the accepted Construction Plans for this facility. Property Owner
shall be responsible for all maintenance of the on-site improvements. Additional infrastructure
improvements will be addressed at the time of application for any future amended USR. Some of
these improvements may include work extending into State or County Right-Of-Way in which
case a Right-Of-Way or access permit is required.
3 .0 Timing of Improvements: Subject to the provisions of Weld County Code Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners,
Property Owner shall not be required to initiate the landscaping requirements until the
occurrence of the triggering event for all improvements, namely the approval of the grading
permit or an amendment to the existing USR. Except with prior County consent, no grading
permit will be released until collateral is posted for all off-site improvements and the final
Construction Plans have been submitted to and accepted by the Department of Public Works.
Access and/or Right-Of-Way permits might also be required prior to approval of the grading
permit. Grading shall not commence until Construction Plans are accepted. Any alterations to
the accepted Construction Plans must be accepted in writing by the County Planning and Public
Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all
landscaping and other on-site improvements, as indicated in Section D. 2.0 above shall be
completed within the parameters established in Section E.7.2 and Exhibit B. The Property
Owner' s failure to complete the On-Site Improvements within the time period(s) established by
Resolution approving MUSR14-0025, 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
Zs improvements, Property Owner shall contact the Weld County Department of Planning Services
and the Weld County Department of Public Works and request an inspection of the on-site
Timprovements described in Section D. 1 .0 and D.2.0 above. The County' s representatives may
cm
zt 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
GE ;' available for their intended use(s). The County does not and shall not assume liability for
co G2 a improvements designed and/or constructed by others.
to
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Rose Rock Midstream Crude, LP — MUSR14-0025
Part 2 : General Provisions
E. General Requirements:
1 .0 Engineering Services: Property Owner shall furnish, at its own expense, all
engineering services in connection with the design and construction of the improvements
identified on the accepted Construction Plans according to the construction schedule set forth in
Exhibit "B," both of which are attached hereto and incorporated herein by reference.
1 . 1 The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for public
improvements.
1 .2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
1 .3 Property Owner shall furnish construction drawings for the road
improvements on public rights-of-way or easements and all improvements
interior on the Property for approval prior to the letting of any construction
contract.
2.0 Rights-of-way and Easements: Before commencing the construction of any
improvements herein agreed upon for public rights-of-way or easements, Property Owner shall
acquire, at the sole expense of Property Owner, good and sufficient rights-of-way and easements
on all lands and facilities traversed by the proposed improvements. All such rights-of-way and
easements used for the construction of roads to be accepted by the County shall be conveyed to
the County and the documents of conveyance shall be furnished to the County for recording.
3 .0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and MUSR 14-0025 Plat Map, be
am= solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this
8 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-
ar site), and improvements to public rights-of-way or easements being completed also in
mgt accordance with the schedule set forth in Exhibit "B" (Off-site). The Board of County
aom o _
N m 3 `_
oc� = 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.
� i
'-4 o n
ec 3 . 1 Said construction shall be in strict conformance to the plans and drawings
wa. ro -. accepted by the County and the specifications adopted by the County.
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3.2 Property Owner shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction; and shall furnish copies of test results to the
County. If County discovers inconsistencies in the testing results, Property
Owner shall employ at its expense a third party qualified testing company
approved by County. Such third party shall furnish the certified results of
all such testing to the County.
3.3 At all times during said construction, the County shall have the right to
test and inspect, or to require testing and inspection of material and work,
at Property Owner's expense. Any material or work not conforming to the
approved plans and specifications, including but not limited to damages to
property adjacent to the construction plan area shall be repaired, removed
or replaced to the satisfaction of the County at the expense of Property
Owner.
4.0 Release of Liability: Property Owner shall indemnify and hold harmless the
County from any and all liability loss and damage County may suffer as a result of all suits,
actions or claims of every nature and description caused by, arising from, or on account of said
design and construction of improvements, and pay any and all judgments rendered against the
County on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees, or otherwise except for the liability, loss, or damage arising from the intentional torts
or the gross negligence of the County or its employees while acting within the scope of their
employment. All contractors and other employees engaged in construction of the improvements
shall maintain adequate worker's compensation insurance and public liability insurance coverage,
and shall operate in strict accordance with the laws and regulations of the State of Colorado
governing occupational safety and health.
5.0 Warranty of On-Site and Off-Site Improvements: Property Owner shall warranty
all improvements to public rights-of-way, (if any), and all privately created and maintained roads
or rights-of-way, or easements, and all on-site improvements for a period of two (2) years. The
warranty period shall begin only after the County's execution of a written acceptance of the
improvement(s).
aiii 6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon
compliance with the following procedures by the Property Owner, the improvements shall be
deemed accepted by the County, if collateral had been initially posted for the improvements.
_� The BOCC does not represent or ensure the on-site improvements will be constructed and/or
8u available for their intended use(s).
G igimi
co m ,
•
N m 3 —
6. 1 If requested by the Property Owner and approved by the County, portions
o •-a of the improvements may be placed in service when completed according
m = to the schedule shown on Exhibit "B," but such use and operation shall
tete
} not, alone, constitute an acceptance of said portions of the improvements.
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_
itmo -
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
i for the improvements, and further that the two-year warranty period begin.
Upon completion of the two-year warranty period, the County Engineer
3 and/or the Weld County Department of Planning Services shall, upon
request of the Property Owner, inspect the subject improvements, and
o s notify the Property Owner of any deficiencies. If any deficiencies are
" _' discovered, the Property Owner shall correct the deficiencies. The County
co ° 12 Engineer and /or the Department of Planning Services shall reinspect the
CS) Jo
w L =~ improvements after notification from the Property Owner that said
CO W _C-
om deficiencies have been corrected. If the County Engineer and/or
' 4 2 Department of Planning Services find that the improvements are
a _ constructed according to County standards, he or she shall recommend full
it N acceptance. Upon a receipt of a positive unqualified written
�' N recommendation from the County Engineer and/or the Department of
a Planning Services for acceptance of improvements within the USR, the
— c a` Board of County Commissioners shall fully accept said improvements.
LON0
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7.0 General Requirements for Collateral: (Currently no on-site collateral for MUSR14-0025
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
MUSR14-0025 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
MUSR14-0025 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
public interest.
dit
7.5 Road Maintenance Collateral shall be submitted to County upon_ r• the
release of the warranty collateral by the Board of County Commissioners
ra
or at the time of approval of this Agreement, if no Project Collateral was
m� initially submitted. Road Maintenance Collateral is held for use on roads
comm a'
N m 3 = associated with the designated haul route.
eLL 0 ti If no Project Collateral was initially submitted, Road Maintenance
et& Collateral shall be submitted at the time of approval for this Agreement or
12 -4
ma ro __ at such time that approved MUSR14-0025 activities are initiated. If the
ro m Its faj County has accepted a Corporate Guaranty as collateral pursuant to Weld
a. N
NZ;m" r County Code Sec. 2-3-30.D. Road Maintenance Collateral shall be
it) m --, submitted at the time of approval of the Improvements Agreement or at
ra N a
ni such time that approved permit activities are initiated. The submitted
rm >
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amount shall be $3 ,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads, and the
amounts will be listed on Exhibit "A"- Cost Sheet (OFF-SITE).
Road Maintenance Collateral shall be held by County as long as this
Agreement is in effect and returned to Property Owner upon vacation of
associated land use agreement or permit. The Road Maintenance
Collateral will only be accessed by County, if following notification to
Property Owner of required roadway safety related repairs, Property
Owner fails to perform said repairs within the time allowed in County's
notification. If any of this collateral shall be collected by County, Property
Owner shall replace the amount, plus interest, within six (6) months.
7.5. 1 Road Maintenance Collateral Option (For Materials Haulers):
In lieu of cash collateral, Property Owner may submit funds
quarterly to Weld County, at a rate of ten ( 10) cents per ton, based
on the amount of processed material leaving the site. These funds
will be escrowed by the County and utilized for roadway repairs
specific to the USR's designated haul route. The first payment of
funds will be due three months after the initial sale of materials
from the USR site. Subsequent quarterly payments will be
deposited in the associated escrow account until the USR permit is
terminated. Utilization of this collateral option will negate any
further obligations of the Property Owner to participate in any
future maintenance and/or improvements projects for the
associated Haul Route. Upon vacation of the USR for this facility
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
Applicable):
The total costs for materials and application, will be listed on
o Exhibit "A" (OFF-SITE) — Dust Control, of this agreement. These
r funds will be utilized by the County for roadway applications
specific to the USR' s designated haul route, only if the Property
- Owner does not adhere to the requirements for dust suppression as
°o m 3 _ _ r specified in Section A.6.0 of this agreement. Following completion
`" Me
m of all construction phases, and/or upon vacation of this USR, and
O4; following determination by Public Works staff that no immediate
64,
repairs are required for the Haul Route, any remaining Dust
fr
Control collateral will be returned to the USR Permittee.
Wa n) - •
01 te ox
N - 7.6 Acceptable Project Collateral shall be submitted by the Property Owner
m" a upon execution of this Agreement, as herein defined.
y p
' Q1
Q ir
mN ° "I 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
re cm ‘ni
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until cost estimates for all improvements are updated, and the
development plans are revised to comply with all current County
standards, policies and regulations, except with prior County
consent. The improvements shall be completed within the time
schedule set forth in Exhibit "B", which is attached hereto and
made a part of this Agreement. "Site Preparation" shall mean
earthwork grading or performance of work, or construction or
installation of improvements related to Property Owner's
operations pursuant to MUSR14-0025 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
Improvements Agreement and the Plat. The corporate guaranty shall
conform to and be subject to the requirements of Weld County Code
Section 2-3-30 B.4. The Property Owner shall utilize only a County
approved form when obtaining a corporate guaranty: (CORPORATE
2_ GUARANTY FOR BOARD OF COUNTY COMMISSIONERS OF
- WELD COUNTY, COLORADO). A copy of said form shall be provided
00 m 3 N • + to Property Owner upon request.
-0
o v � -�
�o 7.9 Collateral may be in the form of a surety bond given by a corporate surety
cc -a authorized to do business in the State of Colorado in an amount equivalent
r 2 to one hundred percent ( 100%) of the value of the improvements set forth
IV a ti ji
ig m _a in the Improvements Agreement and the Plat. The surety bond shall
aN m - -
m" ` 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
m aria, approved form when obtaining a surety bond: (PERFORMANCE BOND
N oPp g
m>at FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
el
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COLORADO). A copy of said form shall be provided to Property Owner
upon request.
7. 10 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to One Hundred Percent ( 100%) of the value of the
improvements set forth in the Improvements Agreement. In the event the
Property Owner is required to warranty the improvements, the Property
Owner shall replace the original deposit with a deposit in the amount of
fifteen percent ( 15%) of the original amount and those funds shall remain
available to the County until released by the County at the end of the
warranty period.
7. 11 The Board of County Commissioners reserves the right to reject collateral
which is deemed inappropriate or insufficient, which may be either as
collateral in the form of a letter of credit offered by a banking institution
which does not have at least a "three star" rating given by Bauer Financial,
or as collateral in the form of a performance bond offered by an insurance
company which does not have at least a B+ rating given by A.M. Best, or
as collateral in the form of a corporate guaranty offered by a legal entity
__ which does not have a rating classification of 5A, 4A, or 3A, and does not
have a Composite Credit Appraisal of 1 , 2, or 3 given by Dun and
Bradstreet Credit Rating Reports. If the Applicant meets all of the
requirements provided in the previous sentence regarding a corporate
guaranty, the Board may then decide whether acceptance of a corporate
guaranty agreement is appropriate under the circumstances. The Board
D r may consider ( 1 ) the value listed in the improvements agreement, (2) the
U �
net worth of the Guarantor, (3) the Applicant's history regarding
S — i
N m3 successful local projects, and (4) anything else the Board deems relevant
4- and appropriate for consideration for a corporate guaranty as a form of
N° o _ acceptable collateral. The Board further reserves the right to require
- o` 1 Property Owner to obtain replacement collateral if the rating of the
ct
financial institution providing said collateral drops below the levels stated
En
m above. Replacement collateral shall be submitted by Property Owner
Ncp
within sixty (60) days of the Board's notice to Property Owner that the
o Nu
ymaws
rating has fallen and that the collateral must be replaced. Property Owner
,gym as may not terminate existing collateral until replacement collateral has been
� No •
a m T secured.
cr 0 " 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:
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8. 1 The Property Owner's Engineer or his representative has made regular
on-site inspections during the course of construction and the construction
plans utilized are the same as those accepted by Weld County.
8.2 For the improvements to public rights-of-way or easements, test results
must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials
sampling, testing and inspections found in CDOT Materials Manual.
8.3 "As-built" plans shall be submitted at the time the letter requesting release
of collateral is submitted or at such time as the Property Owner has
completed improvements as shown on the MUSR14-0025 R 14-0025 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.
q tY
8.6 The requirements in theparagraphs 8.0 throu h 8.5 shall be noted in the
q g
final Construction Plans.
8.7 Following the submittal of the Statement of Substantial Compliance and
8 S
written recommendation of acceptance of the improvements by the Weld
County Department of Planning Services and the Weld County
g Department of Public Works, the Property Owner (if Property Owner has
supplied any or all of the collateral) may request release of the collateral
co — for the project or portion of the project by the Board. This action will be
rsd4,1 taken at a regularly scheduled public meeting of the Board.
o
'r1 8.8 Following the written request for partial release of the "Project
ii r T X Collateral", the Weld County Department of Planning Services and the
at x s+ Weld County Department of Public Works County shall inspect the on-site
e and/or off-site improvements. If the improvements require mitigation or
GN further repairs are required, said work must be completed prior to the
re; partial release of "Project Collateral". For all off-site improvements
m N Y �~ (including improvements topublic rights-of-way or the
m p easements),
written request for release of "Project Collateral" shall be accompanied by
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"Warranty Collateral" in the amount of fifteen percent ( 15%) of the value
of the improvements as shown in this Agreement.
8.9 Following the written request for release of the "Warranty Collateral", the
Weld County Department of Planning Services and the Weld County
Department of Public Works County shall inspect the improvements. If
the improvements require mitigation or further repairs are required, said
work must be completed prior to the conclusion of the Warranty period.
The "Warranty Collateral" shall be released to the Property Owner
following the expiration of the warranty period upon final written
acceptance by the Board of County Commissioners.
8. 10 For all off-site improvements (including improvements topublic rights-of-
way ( g P g
way or easements), the written request for release of "Warranty
Collateral" shall be accompanied by "Road Maintenance Collateral" (If
Applicable) as specified in Section E.7.5 of this Agreement. "Road
Maintenance Collateral" for roads associated with the designated haul
route shall be maintained as long as the USR is active.
9.0 Successors and Assigns: This Agreement may not be delegated, transferred or
assigned in whole or in part by Property Owner without the express written consent of County
and the written agreement of the party to whom the obligations under this Agreement are
assigned. Property Owner's release of its obligations shall be accomplished by County's
execution of a new Improvements Agreement with the successor owner of the property. (See
paragraphs F. 1 .2 and 2.2 below) Consent to a delegation or an assignment will not be
unreasonably withheld by County. In the event of sale of the Property, County may agree to
release Property Owner in whole or in part from obligations under this Agreement. County's
rights and obligations under this Agreement shall automatically be delegated, transferred or
assigned to any municipality which, by and through annexation proceedings, has assumed
jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the
terms and conditions set forth in this Agreement shall be binding upon the heirs, executors,
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.
10.0 County Engineer: All references in this Agreement to "County Engineer" shall
ac refer to the any individual or individuals appointed by the County Engineer to act on his/her
41-1 behalf
f
O ti
U i
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
N m 3 which County believes constitute the violation. Property Owner shall have fifteen ( 15) days
w 4 L - within which to either cure the violation or demonstrate compliance. If, after fifteen ( 15) days
� ti
m -.
, o .~ have elapsed, County believes in good faith that there has been a violation of the terms of this
'� eel •`7 Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of
o a ti this Agreement. Violations of the terms of this Agreement include violations of the agreements
Z m ja contemplated by Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such
a N Eta
:roc Agreements in a timely manner.
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F. Termination of Agreement:
1 .0 Termination Event: This Agreement shall terminate upon the earliest of the
following events:
1 . 1 Cessation of all Permit Related Activities. Termination of this Agreement
shall occur upon Operator's complete cessation of all activities permitted under
MUSR14-0025 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 — MUSR14-0025 by New Property
Owner: This Agreement shall terminate following County's execution of a new
Improvements Agreement According to Policy Regarding Collateral for Improvements —
MUSR14-0025 with a new Property Owner who has purchased the Property, and intends
to make use of the rights and privileges available to it through the then existing USR.
1 .3 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — MUSR14-0025 by New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — MUSR14-0025
with a new operator who has assumed the operation of the business on the Property
which business activities are permitted by the then existing USR.
2.0 Termination Procedures:
i
---•
2. 1 Termination Procedures Following Cessation of Permit Related Activities:
Following the events outlined in paragraph 1 . 1 above, County shall conduct its annual
o ran road inspection. Said road inspection shall be conducted on or before May 31 following
I' the announcement or determination of the cessation of permit related activities on the
oom3 Property. The results of the inspection shall be delivered in writing to the Property Owner
N • ffie
� and Operator. If the County determines that pursuant to the terms of this Agreement, the
° sz Operator must complete any of the improvements and/or road maintenance obligations
N ( outlined herein, said obligations must be completed within a reasonable period of time
& ma
E thereafter, but in no event later than six (6) months following the determination that
cha '° _ permit related activities have ceased. Collateral shall not be released by County until such
°N za-
dNy
time as county determines that all of the improvements have been completed.
,4 m a 2.2 Termination Procedures Pursuant to Transfer of Ownership of the
`4.9 ).a
N Y � Property or Transfer of Operations: If the Property Owner or Operator desires to assign
• m its rights and obligations under this Agreement to a successor Property Owner or
Q m° �
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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 — MUSR14-0025 with a
successor Property Owner and/or Operator prior to the performance of the road
maintenance or the posting of collateral for said maintenance, unless the new Property
Owner and/or Operator posts collateral for the required maintenance.
3.0 Consequence of Termination by Cessation of Permit Related Activities:
Following County's confirmation that Property Owner and/or Operator has/have ceased all
permit related activities and has/have completed previously uncompleted Improvements and or
completed any required road maintenance, County shall release Property Owner and/or Operator
from all further obligations under this Agreement. No Further permit related activities shall be
permitted unless and until approved by County following execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — MUSR14-0025 with a
Property Owner and Operator.
4.0 Consequence of Termination by Execution of Replacement Improvements
Agreement: Following County's execution of an Improvements Agreement According to
Policy Regarding Collateral for Improvements — MUSR14-0025 with a successor Property
Owner and/or Operator, the predecessor Property Owner and/or Operator shall have no further
rights and/or obligations under this Agreement or in MUSR14-0025.
Conseq
uence uence of Termination Pursuant to Section E. 11 .0: In the event that
_._. q
81 activities related to MUSR14-0025 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
Alany 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
N m3 accesses the collateral to the extent necessary to complete improvements County, in its sole
t -"m discretion, deems necessary to preserve public interests.
O aim.:
row or-a
N �� G. Governmental Immunity: No term or condition of this agreement shall be construed or
a interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
cnitm i or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
Nm - -
mls) applicable now or hereafter amended.
Nrio-
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H. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms
of this Agreement, County shall notify property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which the County believes
constitute violation. Property Owner shall have thirty (30) days within which to either cure the
violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in
good faith that a violation of the terms and conditions of this Agreement still exists (despite
cure), County may enforce by any legal means, including, but not limited to, legal action for
equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral
(if applicable), and/or administrative action of the County to suspend or revoke the underlying
land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld
County Code. Violations of the terms and conditions of this Agreement include, but are not
limited to, violations of the agreements Property Owner must enter into as required by this
Agreement, and/or failure to enter into such agreements in a timely manner.
I. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever by any other person
or entity not included in this Agreement. It is the express intention of the undersigned parties that
any person or entity, other than the undersigned parties, receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
J. Authority to Sign: Each person signing this Agreement, and associated Exhibits,
represents and warrants that he or she is duly authorized and has legal capacity to execute and
deliver this Agreement. Each party represents and warrants to the other that the execution and
delivery of the Agreement and the performance of such party's obligations hereunder have been
duly authorized and that the Agreement is a valid and legal agreement binding on such party and
enforceable in accordance with its terms. If requested by the County, Property Owner shall
provide the County with proof of Property Owner's authority to enter into this Agreement within
five (5) days of receiving such request.
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Carly Koppes , Clerk and Recorder , Weld County , CO
■III t�! 1P NI inn
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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 :
Rose Rock Midstream Crude, L.P.
By: Rose Rock Midstream Energy GP, L.L.C.
SIGNATURE ,tom, 1 AciAA't-
PRINTED NAME PUIA. . c)wznru'1cA
TITLE (If Applicable) e1Kui0Uç1)M1 UCi
STATE OF OKLAHOMA )
) ss.
County of OKLAHOMA )
The foregoing instrument was acknowledged before me this 1 day of U ,
2015, by Peter L. Schwiering.
WITNESS my hand and official seal.
Notary Public
My commission Expires:Ex i '1 SAMMIE SMITH
p Notary Public, State of Oklahoma
Commission # 14001468
My Commission Expires February 14, 2018
SIGNATURE
PRINTED NAME
TITLE (If Applicable)
O r
U
STATE OF COLORADO )
7
U ) SS.
m a County of Weld )
•
m
041 -O -i
N LL O � The foregoing instrument was acknowledged before me this day ofaE
.. 2015, by
tt
v, Y
a N �, WITNESS my hand and official seal.
NU
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Notary Public
My commission Expires:
LESSEE (If Applicable):
SIGNATURE
PRINTED NAME
TITLE
STATE OF COLORADO )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of
2015, by .
WITNESS my hand and official seal.
Notary Public
My commission Expires:
0.
de V • 4 ;
_ ATTEST: . BOARD OF COUNTY COMMISSIONERS
Weld C . >i ty Clerk to the B . 4 rd WELD COUNTY, CO ORADO
D
t
U -
Nmm �, BY: -- _
• 3 �
l Deputy Cle tot e �• • ar . •
D � : arbara Kirkmeye , Chair
o 41 a ►,� 0 1/42 AUG 1 s 2015
N APPROVED AS TO FO •`, • "•fir APPROVED A SUBSTANCE:
al ns
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•'� �' w � ��
N� r County Attorney El e facial or Department Head
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+♦ � ''�_ (MUSR14-0025) 2015 Part 2 General Provisions- Final IA (7-20-15).docx (�/S-' 02717
L -
EXHIBIT A Cost Sheet (OFF-SITE )
Name of Facility: Rose Rock Midstream Crude , L . P . Filing/Case #: MUSR14-0025 Location: S1/2, SE1/4, S24, T3N, R65W
Personnel Contact: Name Allan Dye Title: Director Land Services Phone: 405-945-6320
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility thefollowing improvements.
Improvements (OFF-SITE)
(Leave spaces blank where they do not apply )
Quantity ES Unit Costs (SI Estimated Construction
Cost ($1
,j,PUBLIC WORKS,
Site Grading 15,000 SY 3.00 45,000
Street Grading 8,500 SY 4.00 34,000
Street Base, Gravel for Parking 7,800 TONS 19.00 148,200
-
Street Paving 4,800 TONS 90.00 432,000
Pavement Marking 3,500 LF 5.00 17,500
Curbs, Gutters, and Culverts .._.
Sidewalk __— __-_
Stormwater/Drainage Facilities __ ----
Retention / Detention Ponds ---
Road Culvert 395 LF 4.50 17,775
Grass Lined Swale 3,000 SY 5.00 15,000
Ditch Improvements ____ _—
Subsurface Drainage ____ __......
Entrance/Access Improvements _w__
Erosion Control Measures/BMP's 1 LS 5,000 5,000
_
Road Maint. Collateral (per Sec. E.-7.5) 1 LS 3,600 3,600
Dust Control (per Sec. E.-7.5.2)
Fire Hydrants __M _____
Survey, Street Monuments/Boxes ____
,
,j PLANNING SERVICESJ,
Parking Area, Curb Stops, Bus Kiosks ____
Street Lighting ____ _____
Street Names -----
Signage 1 LS 3,600 3,600
Fencing Requirements 9 2,800 LF 15.00 42,000
Landscaping, Seeding, 'frees, etc. 2 AC 3,000 6,000
Park Improvements -w- ___
Handicap Accessibility, Parking & Rails ____ ----- -----
Septic Systems ____ _____ ___
SUB-TOTAL. _= =_- .. g= � - - - ::; , , .r . , -r:..� 769,675
1':`f�^z ••1:..���:If:L- �`� :.:. .-... .. .:�.�_. '_� j.• '•uy1f Y.J`.�-'.lrr .1 ..
(`testing, inspection, as-Guilt plans and work in adt'it ion to Preliminary and 76 970
Engineering and Supervision Costs (S) final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION (S) 846,645
4141051 Pages : 25 of 28
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Carly Koppes , Clerk and Recorder , Weld County . CO
gill Wi1rAfiVir:i.'W:Plii rliffihi r l'A.I1CgIlIw', iiiii, 11111
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 improveme I be compl e ccording to the construction schedule set out in Exhibit B
By:
Applicant
I r t'torLLLJUI &M'LQJIJ Date 3 8.90 , 20 / 5
Title
By:
Applicant
Date , 20
Title
4141051 Pages : 26 of 280
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u
Car 1y Koppes C1erk Ind
d jecorde We 1��'�1f1�� ittivin II III
■III !!!ln11 �3I1111 M Vh� ,µZ17Fr. it a
EXHIBIT B - Time Schedule (ON-SITE) & (OFF-SITE )
Rose Rock Midstream Crude, L. P.
Name of Subdivision, PUD, UM, RE, SPR: Filing/Case ft: MUSR14-0025 Location: S1/2, SE1/4, 524, T3N, R65W
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facile!,the following improvements
All improvements shall be completed within 1 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 )
O( N�ITE� (OFF-S1TEI
,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
,PLANNING SERVICESJ,
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 Protect December 2015 December 2015
4141051 Pages : 27 of 28
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Carly Koppes Clerk and Recorder , Weld County . CO
■III W!r1J'rQ "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:
Applicant
Uncti &rsj\ cIJ Date a® , 20 ise-
Title
By:
Applicant
Date , 20
Title
4141051 Pages : 28 of 28
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Carly Koppes , Clerk and Recorder . Weld County . CO
1111111OA101M9Kilifilini, lI II
O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx
GUARANTY FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
4
This GUARANTY (the "Guaranty") is made as of l '7, 2015 by Rose Rock
Midstream Crude. LP a limited partnership of the State of Delawar "Guarantor"), for the benefit of the County
of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners (the "Beneficiary" or "Board"). Guarantor is Rose Rock Midstream Crude, LP the land use
applicant ("Applicant") in case MUSR14-0025. Guarantor, Applicant, and Beneficiary are sometimes
collectively referred to herein as the "Parties."
RECITALS
A. The Applicant and the Board are entering into that certain Improvements Agreement According to
Policy Regarding Collateral for Improvements (as amended, modified and supplemented from time to time, the
"Agreement"), pursuant to which the Board and the Applicant are agreeing to certain requirements related to the
on-site and off-site improvements the Applicant will undertake in connection with the construction of the
facilities contemplated by a USE BY SPECIAL REVIEW for Property located in Weld County, Colorado —
MUSR14-0025.
B. The Beneficiary's willingness to enter into the Agreement is conditioned upon the issuance by
Guarantor of this Guaranty.
C. Guarantor is willing to issue this Guaranty on the terms and conditions set forth herein.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is
hereby agreed as follows:
SECTION 1 . Definitions.
1 . 1 Capitalized terms used herein and not otherwise defined shall have the meaning
s ascribed to such
terms in the Agreement.
1 .2 As used in this Guaranty, the following terms shall have the following meanings:
"Business Day" means a day on which the offices of the commercial banks and financial
institutions are open to the public for carrying on of substantially all of their business functions.
"Guaranteed Obligations" means any and all of the obligations of the Applicant for which Project
Collateral is required under the Agreement subject to the limitations set forth in the Agreement.
1 .3 In this Guaranty:
(a) Unless otherwise specified, references to Sections and clauses are references to
Sections and clauses of this Guaranty; and
(b) Except as otherwise specifically provided herein, including without limitation in this
Section 1 .3(b), references to the Agreement or this Guaranty, shall be deemed to include
references to such document as amended or supplemented and in effect from time to time in
� �.� - cz77
accordance with the terms and subject to compliance with the requirements set forth in the
Agreement or Guaranty, as applicable;
1 .4 The captions and section headings appearing herein are included solely for convenience of reference
and are not intended to affect the interpretation of any provision of this Guaranty.
SECTION 2. Guaranty.
Subject to the provisions hereof, Guarantor hereby unconditionally and irrevocably guarantees, to the
Beneficiary, as primary obligor and not as surety, the full and prompt payment when due of the Guaranteed
Obligations. If Guarantor is not the Applicant, to the extent that the Applicant shall fail to pay any Guaranteed
Obligations, Guarantor shall promptly pay to Beneficiary the amount due.
SECTION 3 . Limitation on Guarantor's Liability.
3 . 1 A Guarantor which is also the Applicant shall be subject to all liability provisions of the Improvements
Agreement.
3 .2 A Guarantor which is not the Applicant shall be subject to the following liability provisions:
a. Guarantor's liability hereunder shall be and is specifically limited to payments expressly required to
be made in accordance with the Agreement, and in no event shall Guarantor be subject hereunder to
any indirect, special, incidental, exemplary or consequential damages, losses, or liability of any kind
whatsoever, including loss of utilization or use, loss of opportunity, loss of profits, business
interruption or expected income, or any other damages, except that Guarantor may be liable for costs
and attorneys' fees pursuant to section 24 of this Agreement. The foregoing limitation shall apply for
any and all manners of liability including liabilities based in contract, tort, statutory, regulatory,
environmental or any basis in any law or equity. Notwithstanding anything herein to the contrary, the
maximum aggregate liability of Guarantor in respect of the Guaranteed Obligations is limited to and
shall not exceed the Project Collateral (it being understood that any payment by Guarantor or
Applicant of any portion of the Guaranteed Obligations shall limit and reduce Guarantor's maximum
aggregate liability hereunder on a dollar-for-dollar basis).
•
b. Except as specifically provided in this Guaranty, Beneficiary shall have no claim, remedy or right to
proceed against Guarantor or against any past, present or future stockholder, partner, member, director
or officer thereof for the payment of any of the Guaranteed Obligations, as the case may be, or any
claim arising out of any agreement, certificate, representation, covenant or warranty made by the
Applicant in the Agreement.
SECTION 4. Payment Demand.
4. 1 If the Applicant fails or refuses to pay any Guaranteed Obligations when due and owing, Beneficiary
shall notify Applicant in writing of the manner in which Applicant has failed to pay and demand that payment be
made by Applicant. If Applicant's failure or refusal to pay continues for a period of five (5) Business Days after
the date of Beneficiary's notice to Applicant, and Beneficiary has elected to exercise its rights under this
Guaranty, Beneficiary shall make a demand upon Guarantor (hereinafter referred to as a "Payment Demand"). A
Payment Demand shall be in writing and shall reasonably and briefly specify in what manner and what amount
Applicant has failed to pay and an explanation of why such payment is due and owing, with a specific statement
that Beneficiary is calling upon Guarantor to pay under this Guaranty. A Payment Demand satisfying the
foregoing requirements shall be deemed sufficient notice to Guarantor that it must pay such Guaranteed
Obligations and such payment shall be made to Beneficiary by Guarantor within five (5) Business Days after
receipt of such Payment Demand. A single written Payment Demand shall be effective as to any specific default
under the Agreement that is susceptible of being cured by the payment of money during the continuance of such
default and additional written demands concerning such default shall not be required until such default is cured.
SECTION 5. Nature of Guaranty; Setoffs and Counterclaims
5 . 1 This Guaranty constitutes a guaranty of payment when due and not of collection, and Guarantor
specifically agrees that it shall not be necessary or required that the Beneficiary exercise any right, assert any
claim or demand or enforce any remedy whatsoever against Applicant, except as described in this Agreement,
either before or as a condition to the obligations of Guarantor hereunder.
5 .2 If Guarantor is not the Applicant, Guarantor reserves to itself all rights, set-offs, counterclaims and
other defenses to which Applicant or any other affiliate of Guarantor is or may be entitled to arising from or out of
the Agreement or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or
liquidation of Applicant. Guarantor shall have the benefit of and the right to assert any defenses against the claims
of the Beneficiary which are available to Applicant, and which would have also been available to Guarantor if
Guarantor had been in the same contractual position as Applicant under the Agreement, other than (i) defenses
arising from the insolvency, reorganization or bankruptcy of Applicant, (ii) defenses expressly waived in this
Guaranty, and (iii) defenses or legal issues previously asserted by Applicant against such claims to the extent such
defenses have been finally resolved in the Beneficiary's favor by a court of last resort or by arbitration conducted
pursuant to the Agreement. For the avoidance of doubt, a payment shall be due for purposes of this Guaranty
only when and if a payment is due and payable by Applicant to the Beneficiary under the terms and conditions of
• the Agreement. In order to exercise any of the rights contemplated in this subsection 5.2, Guarantor agrees to pay
in full the amounts demanded to Beneficiary, which shall hold such funds in escrow pending the settlement of the
dispute.
SECTION 6. Unconditional Obligations.
An action may be brought and prosecuted against Guarantor to enforce this Guaranty, irrespective of
whether any action is brought against Applicant, or whether Applicant is joined in any such action or actions.
The liability of Guarantor under this Guaranty shall be continuing, irrevocable, absolute and unconditional
irrespective of, and Guarantor hereby irrevocably waives, any circumstance which constitutes a legal or equitable
discharge of a guarantor or surety other than satisfaction in full of the Guaranteed Obligations. This Guaranty
shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the
Guaranteed Obligations is rescinded or must otherwise be returned by the Beneficiary upon the insolvency,
bankruptcy or reorganization of Applicant or otherwise, all as though such payment had not been made and, in
such event, Guarantor will pay to the Beneficiary upon demand an amount equal to any such payment that has
been rescinded or returned.
SECTION 7. Waiver.
Except as set forth in this Guaranty, Guarantor hereby unconditionally waives (a) presentment, demand of
payment, protest for nonpayment or dishonor, diligence, notice of acceptance and any other notice with respect to
any of the Guaranteed Obligations by the Beneficiary, and (b) any requirement that the Beneficiary enforce or
exhaust any right or remedy or take any action against Applicant.
SECTION 8. Subrogation.
Notwithstanding anything in this Guaranty to the contrary, and in addition to any other rights of the
Beneficiary to which Guarantor or any of its designees may be subrogated, to the extent Guarantor shall make or
cause to be made any payment pursuant to this Guaranty, Guarantor shall be subrogated to all rights the
Beneficiary may have under the Agreement in respect thereof; provided, however, that Guarantor shall be entitled
to enforce such right of subrogation only after all rights of the Beneficiary with respect to the Guaranteed
Obligations shall have been fully satisfied.
SECTION 9. Representations and Warranties.
Guarantor hereby represents and warrants, as follows:
(a) Guarantor is a body corporate duly organized under the laws of the State of Delaware and authorized to
conduct business in the State of Colorado.
(b) The execution, delivery and performance by Guarantor of this Guaranty are within Guarantor's
corporate powers, have been duly authorized by all necessary corporate action, and do not contravene (i)
Guarantor's organizational documents, (ii) any contractual restriction binding on or affecting Guarantor or (iii)
applicable law.
(c) No authorization or approval by, and no notice to or filing with, any governmental authority or
regulatory body or any other third party is required for the due execution, delivery and performance by Guarantor
of this Guaranty.
(d) There is no action, suit or proceeding now pending or, to Guarantor's knowledge, threatened against
Guarantor before any court, administrative body or arbitral tribunal that could be reasonably likely to have a
material adverse effect on Guarantor's ability to perform its obligations under this Guaranty.
SECTION l 0. Governing Law.
This Guaranty shall be governed by and interpreted in all respects in accordance with the laws of the State
of Colorado, United States of America, without reference to conflicts of laws
SECTION 11 . Consent to Jurisdiction
Each of the Parties hereto hereby agrees that any legal action or proceeding arising out of or relating to this
Guaranty, or for recognition or enforcement of any judgment shall be brought in or removed to the Federal Court
for the District of Colorado or the Weld County District Court located in Greeley, Colorado to the exclusion of
any and all other courts, forums or venue. By execution and delivery of this Guaranty, the Parties hereto accept,
for themselves and in respect of their property, generally and unconditionally, the exclusive jurisdiction of the
aforesaid courts. Each Party hereto hereby irrevocably consents to the service of process out of any of the
aforementioned courts in any manner permitted by law. At a minimum, Guarantor agrees to maintain an agent
registered with the Colorado Secretary of State for the purposes of accepting service of process. Each Party
hereto hereby waives any right to stay or dismiss any action or proceeding under or in connection with this
Guaranty brought before the foregoing courts on the basis of forum non-conveniens.
SECTION 12. Waiver of Jury Trial.
EACH OF THE PARTIES KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND
IRREVOCABLY WAIVES ANY RIGHT IT MAY NOW OR HEREAFTER HAVE TO A TRIAL BY JURY IN
ANY LITIGATION BASED HEREIN, OR ARISING OUT OF, UNDER, OR IN RESPECT OF THIS
GUARANTY, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER
ORAL OR WRITTEN) OR ACTIONS OF THE BENEFICIARY OR GUARANTOR.
SECTION 13 . Amendments, Etc.
No amendment or waiver of any provision of this Guaranty, and no consent to any departure by Guarantor
or the Beneficiary herefrom, shall in any event be effective unless the same shall be in writing and signed by the
Beneficiary and Guarantor and then such waiver or consent shall be effective only in the specific instance and for
the specific purpose for which given.
SECTION 14. Addresses for Notices.
All notices and other communications provided for hereunder shall be in writing (including facsimile) and
mailed, faxed or delivered to each of the Parties as follows:
To Guarantor:
Rose Rock Midstream Crude, LP
3030 NW Expressway, Ste 1100
Oklahoma City, OK 73112
Attn: Allan Dye
(405) 945-6320
With a copy to:
Rose Rock Midstream Crude, LP
6120 S. Yale Ave, Ste 700
Tulsa, OK 74136
Attn: Trey Skelton
(918) 524-8131
To Applicant, if different from Guarantor:
[NAME]
[ADDRESS]
[ATTENTION TO:]
[PHONE]
[FAX]
To Beneficiary:
Weld County, Colorado
Board of County Commissioners
1150 "O" Street
Greeley, Colorado 80631
All such notices and other communications shall be effective (a) if mailed, five (5) Business Days after
deposit in the mails, postage prepaid, certified or registered, return receipt requested, (b) if faxed, when sent and
receipt has been confirmed by telephone (c) if delivered by hand or by courier, when signed for by or on behalf of
the relevant Party, and (d) if sent by overnight delivery service (e.g., Federal Express, Emery, DHL or AirBorne),
on the next Business Day.
SECTION 15. No Waiver of Remedies.
No failure on the part of the Beneficiary or Guarantor to exercise, and no delay in exercising, any right
hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude
any other or further exercise thereof or the exercise of any other right. The remedies herein provided are
cumulative and not exclusive of any remedies provided by law.
SECTION 16. Severability.
In case any one or more of the provisions contained in this Guaranty should be invalid, illegal or
unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any
way be affected or impaired thereby.
SECTION 17. Counterparts.
This Guaranty may be executed in one or more counterparts. Delivery of an executed signature page of
this Guaranty by facsimile transmission shall be effective as delivery of a manually executed counterpart thereof.
SECTION 18. Entire Agreement.
This Guaranty and any agreement, document or instrument referred to herein integrate all the terms and
conditions mentioned herein or incidental hereto and supersede all oral negotiations and prior writings in respect
of the subject matter hereof
SECTION 19. Continuing Guaranty.
Notwithstanding anything to the contrary in the Agreement, this Guaranty is a continuing guaranty and
shall remain in full force and effect until the earliest to occur of (a) the first anniversary of the termination or
expiration of the Agreement by its terms or (b) payment in full of the Guaranteed Obligations.
SECTION 20. Successors and Assigns.
This Guaranty shall be binding upon the Parties and their successors and assigns and inure to P the benefit of
g
and be enforceable by the Parties and their successors and assigns.
SECTION 21 . Governmental Immunity.
No term or condition of this Guaranty 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.
SECTION 22. No Third Party Beneficiaries.
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 in this Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only.
SECTION 23 . Approval by Board of County Commissioners of Weld County.
This Agreement shall not be valid until it has been approved by the Board of County Commissioners of
Weld County, Colorado or its designee.
SECTION 24. Attorney Fees.
In the event of a dispute between Guarantor and Beneficiary concerning this Guaranty, the parties agree
that Guarantor shall pay Beneficiary's reasonable costs and attorneys' fees incurred in enforcing this Guaranty if
the court determines that Beneficiary is a prevailing party.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, Guarantor and the Beneficiary have caused this Guaranty to be duly executed
and delivered by their respective officers thereunto duly authorized as of the date first above written.
For GUARANTOR
Rose Rock Midstream Crude, L.P.
By: Rose Rock Midstream Energy GP, L.L.C.
By: r z 7Daft. J120
Name: Peter L. Schwiering
Title: Chief Operating Officer
For APPLICANT, if different than Guarantor
By: Date : _
Name:
Title:
For BE EFICIARY
By: Date: AUG 1 ! tun
N e: arbara Kirkme er
Title: Chair, Weld County Board of County Commissioners
02 ors 4,2 7 77
r
.. ,113±1,eA0 MEMORANDUM
Lr�, ,y
C TO: Clerk to the Boardol
DATE: Sep. 30, 2016
3.. G �UNTY
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Consent Agenda Item
RE: MUSR14-0025 —Rose Rock Midstream Crude, L.P.
Acceptance of Warranty Deed for Public Road Right-of-Way for certain improvements to WCR 30
as required to meet roadway improvements required with approval of MUSR14-0025. (Doc.#2015-
2777) with Rose Rock Midstream Crude, L.P.
RECEIVED
SEP302016
WELL) COUNTY
COW'. y ;'O ERS
M:\Francie\AGENDA memos\Agenda-Tiffany.doc
ec,,Z(iff/ 6/v/,[)
Cam- 404_ /0 5-/‘O, 0.2p15-,9_7 7 7
/o-s=ao1 _
WARRANTY DEED
THIS DEED made this LatYLIAd day of , 2015, between Rose Rock
Midstream Crude, L.P., a Delaware limited partn hip, Grantor, and County of Weld, a
body corporate and politic of the State of Colorado whose legal address is 1150 "O"
Street, Greeley, Colorado 80631, State of Colorado, Grantee:
WITNESS, that the Grantor, for the sum of One Dollar, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the Grantee, its successors, heirs and assigns forever, all the
real property together with improvements, if any, situate, lying and being in the County
of Weld and State of Colorado, described as follows:
SEE ATTACHED EXHIBIT "A"
Except and reserving unto Grantor any and all water rights, water resources and
water structures appurtenant to the above described real property.
TOGETHER with all and singular the hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, and the reversion and reversions,
reminder and remainders, rents, issues and profits thereof, and all estate, right, title,
interests, claim and demand whatsoever of the Grantor, either in law or equity, of, in and
to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,
with the appurtenances, unto the Grantee, its successors, heirs and assigns forever. And
the Grantor, for itself, its successors, heirs and personal representatives, does covenant,
grant, bargain and agree to and with the Grantee, its successors, heirs and assigns, that at
the time of the ensealing and delivery of these presents, it is well seized of the premises
above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance,
in law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form as aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes
for the current year, easements, restrictions, covenants, conditions reservations and
rights-of-way of record, if any.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession of the Grantee, its successors, heirs and
assigns, against all and every person or persons lawfully claiming the whole or any part
thereof. The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all genders.
4243567 Pages: 1 of 5
10/10/2016 10:09 AM R Fee:$0.00 D Fee:$0.00 �� ^
Carly Koppes, Clerk and Recorder, Weld County, CO 02,o ,2
IN WITNESS THEREOF the Grantor has executed this deed on the date set forth
above.
Rose Rock Midstream Crude. L.P.
By Rose Rock Midstream Energy GP, L.L.C.,
Its General Partner
By: �c Z
Peter L. Schwiering, Chief Op ating Officer
State of Oklahoma )
)ss.
County of Oklahoma )
The foregoing instrument was acknowledged before me this 2ip,day of
20 15, by Peter L. Schwiering, as Chief Operating Officer of Rose Rock Mi stream
Energy GP, L.L.C. in its capacity as General Partner of Rose Rock Midstream Crude,
L.P.
Witness my hand and official seal.
SAMMIE SMITH
Notary Public, State of Oklahoma
Commission# 14001468
My Commission Expires Februory 14,2018 �.
Notary Public
My commission expires:a I4-1g
4243567 Pages: 2 of 5
Car yO/2016 KopPes,1C:09 Cle i and Records WelM R dDCount `Tn ,llll
1111114MILrN illfeI 'h�'4ViAN�yyM
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts the above deeded property as Public
Rights-of-Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this 411.1- day of , 2016.
ATTEST: d„� •eA BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOAA'. - 44, COUNTY OF WELD, A BODY
S La. CORPORATE AND POLITIC OF THE
I� . •
I ,\ STATE OF COLORADO
I
I ‘! Ant, -III
( i rr� BY: \.e.¢,
Dep,ty Clerk to the Boa‘r 4 Mike Freeman, Chair
414kts4&U 14 *Or►�u OCT 0 5 24th
STATE OF COLORADO )
)ss
COUNTY OF WELD )
e foregoing instrument was acknowledged before me this day of
, 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY
COM ISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
!/ e
Notary Pu 1 c
My commission expires:/O2,// /672.0/1,1CHERYL
STAI .
NU FAIY ice` 1/ J
MY CU I ,- ,Uk P ., . iJ 7_=
4243567 Pages: 3 of 5
10/10/2016 10:09 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
WEIN 11111 020/5 7 7 7
"EXHIBIT A" SW COR.OF SE QUARTER LOT B RE
OF SEC.24-3N-65W ANADARKO E&P ONSHORE LLC &
3"ALUM.CAP STAMPED I , s ANADARKO PETROLEUM CORP
• S 25937 ALPHA SURVEY"
PROPERTY LINE
NO0'25'59'W
! 45.00'
EXISTING
y
60.00' ROW
+.-- 45.00' ROW
Ih
BASIS OF BEARINGS`
ri
I
ICO
I VI
col
N Z m z
O
F
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1,01' C RE
SEC. 25 L ROSE ROCK
MIDSTREAM CRUDE LP
(ri sE 1/4
S89'5418W f 276.59.111 EC. 24
1899.32' /
O
LINE TABLE
LINE # BEARING DISTANCE
I2 L1 SO0'21'12"E 45.59'
L2 S44'47'44"W 41.90'
en INs PROPOSED
NW/4 NE/4 g coil /COUNTY ROAD ROW
0
c
I
(24r z I -
Ia -
O ( 1
SW/4 SE/4 9
PROP. I I _ NIP w'ROW ado l' p0•L!CF�- NIPw'N
WELD COUNTY ROAD 30 I ,,,�,1 , ` ,j,�.4r /./ m..
PROJECT LOCATION0. �(l T3 N.4
( Z N
38465 } , m�1
SE 1/4 I �..
SEC. 24-3N-65W 7 /416/ ��
30.00' ROW ,�
EXISTING __, I � AL LAtb,.," r�1-6-0
60.00' ROW ,0 u7 W
IO
N44'47'44'E
a 31
- 11
POINT OF 63.78' 10'ADDITIONAL ROW
BEGINNING / RECEPOIN m JA
IiiieniiaTI N89'38'48'1= RECEPTION NO. 3598538
N00'05'42'W 20.00' o I O
0 200' 30.00' EXISTING ///PROPOSED 20' i7e. ro m
SCALE IN FEET 589'5418'W 60.00' ROW / COUNTY ROAD ROW m lA
79.84' / r+m•
POINT OF L COUNTY ROAD 49
COMMENCEMENT_--____L...2--I
'- I3 LINE OF S.1/2 OF SECTION 24 _c)O
SE COR. OF SEC. 24-3N-65W _ _ ._., _
3 I/2 "ALUM. CAP STAMPED .-..
LS 23027" DATE 0,1 LAST SITE VISIT-07-07-15 •�
SCALE: 1"a 200' Cs- 40
SHAFER,KLINE&WARREN,INC. LOT RE08
Oti
1700 SWIFT,0100,NORTH KANSAS Om,MO 64114 511764.0444 ROSE ROCK MIDSTREAM CRUDE LP DATE 07108/15 m
0 KANSAS CITY,MO•TULSA,OK.HOUSTON,TX COUNTY ROAD 30
RIGHT-OF-WAY
WWW.SKWINC.COM
JOB NO: 120418-12R REV DATE BY SECTION 24,TOWNSHIP 3 NORTH, I.
DRAWN BY: TRC RANGE 65 WEST
APPROVED BY:SWL WELD COUNTY,COLORADO SHEET: 1 OF 2
"EXHIBIT A"
DESCRIPTION:
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP
03 NORTH, RANGE 65 WEST IN WELD COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 24; THENCE SOUTH 89
DEGREES 54 MINUTES 18 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SECTION
24, A DISTANCE OF 79.84 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 42
SECONDS WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 30 AS NOW ESTABLISHED AND THE
POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 54 MINUTES 18 SECONDS WEST,
ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1899.32 FEET; THENCE
NORTH 00 DEGREES 25 MINUTES 59 SECONDS WEST, ALONG THE WEST LINE OF
LOT C RE, SAID LINE ALSO BEING THE EAST LINE OF LOT B RE, A DISTANCE OF'
45.00 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 18 SECONDS EAST, A
DISTANCE OF 643.37 FEET; THENCE SOUTH 86 DEGREES 59 MINUTES 11 SECONDS
EAST, A DISTANCE OF 276.59 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 18
SECONDS EAST, A DISTANCE OF 944.38 FEET; THENCE NORTH 44 DEGREES 47
MINUTES 44 SECONDS EAST, A DISTANCE OF 63.78 FEET; THENCE NORTH 89
DEGREES 38 MINUTES 48 SECONDS EAST, A DISTANCE OF 20.00 FEET TO A POINT
ON THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AS NOW
ESTABLISHED; THENCE SOUTH 00 DEGREES 21 MINUTES 12 SECONDS EAST, ALONG
SAID WEST RIGHT-OF-WAY UNE, A DISTANCE OF 45.59 FEET; THENCE CONTINUING
ALONG SAID WEST RIGHT-OF-WAY LINE• SOUTH 44 DEGREES 47 MINUTES 44
SECONDS WEST, A DISTANCE OF 41.90 FEET, TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 30 AS NOW ESTABLISHED AND THE
POINT OF BEGINNING.
CONTAINING 71,077 SQUARE FEET OR 1.632 ACRES, MORE OR LESS.
BASIS OF BEARINGS:
BEARINGS ARE BASED THE ASSUMPTION THAT THE SOUTH UNE OF THE SOUTHEAST
QUARTER OF SECTION 24 BEARS SOUTH 89 DEGREES 54 MINUTES 18 SECONDS
WEST. THE SOUTHEAST CORNER OF SECTION 24 IS 3 1/2" ALUM. CAP STAMPED
"LS 23027". THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 24
IS 3" ALUM. CAP STAMPED "LS 25937 ALPHA SURVEY"
IMP 421
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............rrr 2_n, O
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Ul
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dam
DATE OF LAST SITE P/SIT-07-07-15 OO
SCALE: N/A TI
SHAFER,KLINE&WARREN,INC. LOT RE DATE: 07/08/15
1700 SWIFT,r10D,NORTH KANSAS CRY,MO 61116 S16.70.01M ROSE ROCK MIDSTREAM CRUDE LP
•KANSAS CITY,MO•TULSA,OK•HOUSTON,TX COUNTY ROAD 30 d►
RIGHT-OF-WAY • o m
WWW.SKW.NC.00M
JOB NO: 120416.128 REV DATE BY SECTION 24,TOWNSHIP 3 NORTH,
DRAWN BY: TRC RANGE 85 WEST
APPROVED BY:SWL WELD COUNTY,COLORADO SHEET: 2 OF 2
1861 MEMORANDUM
TO: Clerk to the Board DATE: Sep. 30, 2016
GQ ti- T-Y �
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Consent Agenda Item
RE: MUSR14-0025 —Rose Rock Midstream Crude, L.P.
Acceptance of Quit Claim Deed for Public Road Right-of-Way for certain improvements to WCR
30 as required to meet roadway improvements required with approval of MUSR14-0025.
(Doc.#2015-2777) with Anadarko E&P Onshore LLC.
RECEIVED
SEP 3 0 2016
WELD COUNTY
M:\Francie\AGENDA memos\Agenda-Tiffany.doc
64/11 1°1/('(fLf /V1\9
/o .546- 02a/5-,2777
QUITCLAIM DEED
ANADARKO E&P ONSHORE LLC, a Delaware limited liability company
("Grantor"), hereby QUITCLAIMS, without warranty of any kind, to COUNTY OF WELD, a
body corporate and politic of the State of Colorado ("Grantee"), for the sum of ten dollars
($10.00) and other good and valuable consideration, subject to the reservation set forth herein, all
of its right, title and interest in the following described tract of land located in the Southeast
Quarter (SE/4) of Section 24, Township 3 North, Range 65 West, Weld County, State of
Colorado, containing 0.467 acres, more or less, to-wit:
SEE ATTACHED EXHIBIT "A"
Grantor hereby EXCEPTS from this grant and RESERVES unto Grantor, its successors
and assigns, forever, all oil, gas and other minerals and rights thereto owned by Grantor, together
with the sole and exclusive and perpetual right to explore for and remove said oil, gas and other
minerals.
Said property shall be subject to (i) all easements, covenants, restrictions, rights of way,
third party rights of use, and other encumbrances of any kind, whether or not same are of record,
(ii) all matters an accurate survey and/or inspection of the above described land would show or
disclose, (iii) all applicable zoning, use and other laws, rules, and regulations, (iv) all property
taxes and other applicable assessments, and(v) all other matters of any kind enforceable at law or
in equity.
IN WITNESS WHEREOF, said Gra tt has caus its corporate name to be hereunto
affixed by its duly authorized officers, this P/day of ,,,'/Y7 JXc015.
DARKO E&P ONSHORE LLC
Jane Ann Byro d PV`
Agent and Attorney-in-Fact
STATE OF TEXAS §
COUNTY OF MONTGOMERY §
The foregoing instrument was acknowledged before me this/St day of t, prtinly, 2015, by
Jane Ann Byroad, as Agent and Attorney-in-Fact of Anadarko E&P Onshore LLC.
WITNESS my hand and official seal.
My commission expires: an{u`6'I1 o s/ (p
lJ
tat 0Jark_
MICHELLE CLARK OTARY PUBLIC
�'8•�� A1- yotary Public,state of Texas
My Commission Expires
‘4•aa5S January 05, 2016
4243368 Pages: 1 of 4
10/10/2016 10:09 AM R Fee:$0.00 D Fee:$0.00
Carly KopPes, Clerk and Recorder, Weld County, CO
frIllit rill r�'�Y4�h iI II
L
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts the above deeded property as Public
Rights-of-Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this day of ( X_- , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BO COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
'.•,; (1/4 STATE OF COLORADO
BY.
Dep ty Clerk to the Board Mike Freeman, Chair
OCT 052016
STATE OF COLORADO )
)ss
COUNTY OF WELD )
T e foregoing instrument was acknowledged before me this day of
, 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
Notary Publ.
My commission expires: /901/02.P/S/,
k`Y'b5+' A i�4eJ lii lj c
STA'1 i P C.. k.4 4 0
f`JO1ARY ID 2( 3./=,..)11,6')44
MY CU .i siuN LXPIR_S LLC. 19, 2C18
4243568 Pages: 2 of 4
10/10/2016 10:09 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk I �.rl �l r.�� �nd Recorder, Weld��'j���J�Li1 ��c �1��4�c ill h ��111 a2a a 7
VIII
"EXHIBIT A"
1);11'a'II V }r,, (r1 ETHER T £ g::pp'T
,' f l_,'';l�'7A'�d,I, qqH.p y(a i�R LI 16 .9 t1,.
i
'' l::$
POINT OF 1rz(;
BEGINNING
N00'25'59"W I NO0'25'59"W
30.00' 30.00'
POINT OF W. LINE OF SE 1/4 SECTION 24
COMMENCEMENT PROPERTY LINE
SW COR. OF SE QTR.
SEC. 24-3N -65W
3" ALUM. CAP STAMPED i
"LS 25937 ALPHA SURVEY" I I 30 00' ROW
I ,
EXISTING -17 �_
60.00' ROW
? fr N89'54'18"E
18"E
614.13'
i
S89'54'18"W I I 1,01 I HE
659.75' jc:::,1 AAADAF K() 4'iA P ()WA ORE 1.,L(
,col
i=i!
.t4; PROPOSED
O I /COUNTY ROAD ROW i'; 1 11
ff)
1 .1 N44'54'18"E
IE"' 21.21'
Z{
, I N89'54'18"E
Icc:3 30.55'
BASIS OF BEARINGS�1'1,''''j
,I.- 45.00' ROW
PROPERTY LINEV02f 5.
SOO'25'59"E
45.00' ' I
N1
I IKt
�� T�t)t 1ir' z
w, 'AIDS i � t,1P ;TT1)1. <
NW/4 NE/4
�I
i, io j
24) ,z ,
,o .c;
u
sw/4 SE/4 0
i „..,,j PROP.
ROW
SE COR. OF SEC. 24-3N-65W
WELD COUNTY ROAD 30 3 1/2 " ALUM. CAP STAMPED
"LS 23027"
PROJECT LOCATION
SE 1/4 ��o�p.00'`i�Fti
��
SEC. 24-3N-65W
fb/ ) 38465 51f•/11
%s/sifr5 ,,/
0 200' •.••......
SCALE IN FEET
DATE OF LAST SITE VISIT - 07-07-15
SCALE: 1"=200'
SHAFER, KLINE &WARREN, INC. LOT B RE
1700 SWIFT,#100,NORTH KANSAS CITY,MO 64116 816.756.0444 ANADARKO E&P ONSHORE LLC DATE: 07/08/15
0 KANSAS CITY,MO.TULSA,OK•HOUSTON,TX COUNTY ROAD 30
RIGHT-OF-WAY
WWW.SKW-INC.COM _.
JOB NO: 120418-12R REV DATE BY SECTION 24,TOWNSHIP 3 NORTH,
DRAWN BY: TRC 1 08-31-15 TRC RANGE 65 WEST
APPROVED BY: SWL WELD COUNTY, COLORADO SHEET: 1 OF 2
4243568 Pages: 3 of 4
10/10/2016 10:09 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1111rdrekliiiiirgillillill1144AW,1O111,111,1 tili'Wyh II 111
1
"EXHIBIT A"
DESCRIPTION:
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP
03 NORTH, RANGE 65 WEST IN WELD COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION
24; THENCE NORTH 00 DEGREES 25 MINUTES 59 SECONDS WEST ALONG THE WEST
LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 30.00 FEET TO A POINT ON
THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 30 AS NOW ESTABLISHED
AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 25
MINUTES 59 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER,
A DISTANCE OF 30.00 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 18 SECONDS
EAST, A DISTANCE OF 614.13 FEET; THENCE NORTH 44 DEGREES 54 MINUTES 18
SECONDS EAST, A DISTANCE OF 21.21 FEET; THENCE NORTH 89 DEGREES 54
MINUTES 18 SECONDS EAST, A DISTANCE OF 30.55 FEET TO THE EAST LINE OF LOT
B RE, ALSO BEING THE WEST LINE OF LOT C RE; THENCE SOUTH 00 DEGREES 25
MINUTES 59 SECONDS EAST ALONG SAID LOT LINE, A DISTANCE OF 45.00 FEET TO
A POINT ON SAID NORTH RIGHT-OF-WAY LINE; THENCE SOUTH 89 DEGREES 54
MINUTES 18 SECONDS WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE
OF 659.75 FEET TO THE POINT OF BEGINNING.
CONTAINING 20,364 SQUARE FEET OR 0.467 ACRES, MORE OR LESS.
BASIS OF BEARINGS.
BEARINGS ARE BASED THE ASSUMPTION THAT THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SECTION 24 BEARS SOUTH 89 DEGREES 54 MINUTES 18 SECONDS
WEST. THE SOUTHEAST CORNER OF SECTION 24 IS 3 1/2" ALUM. CAP STAMPED
"LS 23027". THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 24
IS 3" ALUM. CAP STAMPED "LS 25937 ALPHA SURVEY"
4�it•
&.•'PDW•L1.46 Fps.
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; 38465 •
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DATE OF LAST SITE VISIT - 07-07-15
SCALE: N/A
SHAFER, KLINE & WARREN, INC. LOT B RE
ANADARKO E&P ONSHORE LLC DATE: 07/08/15
1700 SWIFT,4100,NORTH KANSAS CITY,MO 64116 816.756.0444 COUNTY ROAD 30
®KANSAS CITY, MO.TULSA,OK.HOUSTON,TX RIGHT-OF-WAY
WWW.SKW-INC.COM
JOB NO: 120418-12R REV DATE BY SECTION 24,TOWNSHIP 3 NORTH,
DRAWN BY: TRC 1 08-31-15 TRC RANGE 65 WEST
APPROVED BY: SWL WELD COUNTY,COLORADO SHEET: 2 OF 2
4243568 Pages: 4 of 4
10/10/2016 10:09 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
WI'Yr' I' NINA lid 1I II
A
1861 -� MEMORANDUM
TO: Clerk to the Board DATE: Sep. 30, 2016
C �UN Y
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Consent Agenda Item
RE: MUSR14-0025 —Rose Rock Midstream Crude, L.P.
Acceptance of Quit Claim Deed for Public Road Right-of-Way for certain improvements to WCR
30 as required to meet roadway improvements required with approval of MUSR14-0025.
(Doc.#2015-2777) with the Russell L. Gurtler, Jr. Trust and the Dorthy K. Gurtler Trust.
RECEIVED
SEP302016
WELD COUNTY
COVAVSSKDNFRS
M:\Francie\AGENDA memos\Agenda-Tiffany.doc
&I-21/a" c : l/j-„777
QUITCLAIM DEED
THIS DEED is made this t14 day of Lr�tk r t1 , 2015, between
the Russell L. Gurtler, Jr. Trust and the Dorthy K. rtler Trust, Grantors, and the
County of Weld, a body corporate and politic of the State of Colorado, whose legal
address is 1150 O Street, Greeley, Colorado 80631, Grantee.
WITNESSETH, That the Grantor, for and in consideration of Ten Dollars
($10.00), the receipt and sufficiency of which is hereby acknowledged, hereby sells and
quitclaims unto the Grantee all the right, title, and interest of the Grantor in and to the
following real property, together with improvements, if any, in the County of Weld and
State of Colorado:
The real property more particularly described in the attached Exhibit A;
RESERVING TO THE GRANTORS ALL OIL, GAS, HYDROCARBONS AND
OTHER MINERALS IN, ON AND UNDER SAID LANDS.
IN WITNESS WHEREOF the Grantor has executed this deed on the date set
forth above.
RUSSELL L. GURTLER, JR. TRUST
By:
IN" ij
7 I Dorthy K. Gurtler, Trustee
DORTHY K. GURTLER TRUST
`1 By:
Dorthy K Gurtler, Trustee
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
� Ti !"he fo egoing instrument was acknowledged before me this .3 day of
P t' ri -C4 , 2015, by Dorthy K. Gurtler as Trustee of the Russell L.
Gurtler Trust and as Trustee of the Dorthy K. Gurtler Trust.
GARY IBERT
WITNESS my hand and official seal. O
NTARYTAAY PUBLJC
{ / STATE OF COLORADO
My commission expires FPlrc,Ae y/6,ad1 b NOTARY ID 20084005633
MY COMMISSION EXPIRES FEBRUARY 15,2016
4243569 Pages: 1 of 5
10/10/2016 10:09 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII l��.r�Yt V/4 A kW l ti Lill II
/
Notary Pu c
4243369 Pages: 2 of 5
Carly0Koppes�1CCle9 and Rec Fee:$0.00
e, lDCo County,
CO
illFdli :rl '4i
llit '��'��w'fi � R�4�' +W�h �IIII
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts the above deeded property as Public
Rights-of-Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this firday of , 2016.
ATTEST: diritill) G ;eie• BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOARD COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
�� STATE OF COLORADO
Sz
BY. �/ if �, 1/42 BY:�
Deputy Clerk to the Bo Mike Freeman, Chair
OCT 0 5 2I3
to.
STATE OF COLORADO ) m '`
)ss
COUNTY OF WELD )
T e f regoing instrument was acknowledged before me this day of
, 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
Notary Pu is
My commission expires: / ///q// /f CHERYL LYNN I:c2! 'AN
KW ARV PURLIC
ST, L OIr COLD A O
NOTARY ID 20144048344
MY COMMISSION aXPIR.S DEC. 19, 2018
4243569 Pages: 3 of 5
10/10/2016 10:09 AM R Fee:$0.00 D Fee:$0.
Carly Koppe , Clerk and Recorder, Weld County, CO"
"EXHIBIT A" /
SW CUR. OF SIC. 24-3N_55`V
2" ALUM. CAP
O. N/14.542 8-F
28 28.
Ca
O
H
`Z,
O.
L2I
-- 20.00' ROW
CXISONC
60.CICC ROW
i
BASIS OF I3l.OWNGS_— "589'84'31 1
;80.00'
889'94'36"W_'
883.25' L.,_PRO'P'OSED
C3UN TY ROAD ROW
POINT OF-.,
BEGINNING
N00'25'S9"W .A
30.00' EV A
l' N8.O53,,'2.,E
POINT OF ' \ 283 25'
(COMMENCEMENT
E 0 O Mr ,W GTR \ \. W '.1NE >E 1D: 1 0„ 24
SEC_ 24-3N-65W
3•' ALUM. CAP STAMP FD N - _,9'F 6500'2 PROPERTY i.INE
2.5937 ALPHA SURVEY" 30.00'
a'
NW/4 N1/4
z.
24 n
_ SW/4 SE/4 o DI
PROP. ''
ROW
2 /O 1` CMUTTTY ROAD 30
GI
mom PROJECT LOCATION
m07m: SE 1/4
�;>. SEC. 24-3A-65W
OUP Fy c.,al c
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va2� DR IL 01 1451 517E VISIT / 0/-10
Ol Y -AS. SCALE 1" 200'
am J1.41_�f���\���/7SHA�ER, KLINE&WARREN, INC. DORTHY K.GURTLER TRUST
EL••m `I ...DATE: 07/08/15
.�" &RUSSELL L.GURTLER JR.FAMILY
1760 SWIFT,lt190,NORTH KANSAS CITY,MO 64116 616 756 0444
mc� ,, a KANSAS CITY MO.TULSA,OK.HOUSTON,TX COUNTY ROAD 30
RIGHT-OF-WAY
ID WWW.SKW-INC.COM
--
ION o JOB NO 120418-12R REV DATE BY SECTION 24,TOWNSHIP 3 NORTH,
��Y m- DRAWN BY TRC 1 09/23/16 TRC RANGE 65 WEST
74'"L a APPROVED BY:SWL WELD COUNTY,COLORADO
et SHEET: 1 OF 2
.-0M
•
"EXHIBIT A" •
DESCRIPTION:
A TRACT OF I AND LOCATED IN THE SOUTHWEST QUARTER or SECTION 24, TOWNSHIP
0_S NOR1II, RANGE 65 WEST IN WELD COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AG FOLLOWS:
COMMIT COMMI1NSINS AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECT ION
?r, IHENCF NORTH 00 DECREE) 25 MINO1LS G9 .C..;ONI.S WEST, A DISTANCE F OI
30.00 FEET TO A POINT ON THE NORTH RIGHT•OF2 WAY LINE OF WELD COUNTY
ROAD 30 AS NOW E`,T113LISHED AND THE POINT OF BEGINNING, 1HLNCE SOUTH 89
DEGREES 54 MINUTES 3S SECONDS WEST, ALONG SAID NCH RIGHT-OF-WAY LINE,
A DISTANCE OF 883.26 FEET: THE:NU NOR III 44 DEGREES 54 MINUTES 18
SECONDS EAST, A DISTANCE OF 28.28 FELT, THENCE NORTH 89 DFCRETS 54
MINUTES 36 SECONDS EAST. A DISIAN F OF 580.0C FEE' 1HENCE NORTH 87
DEGREES :53 MINUTES 12 SEC ONDS, % DIS IANC;L OF 283.25 FEET TO A POINT ON
THE EAST IINE OF THE 00RTHY K GURTLER TRUST & RUSSELL L. CL1RTEFR JR.
FAMILY TRACT, SAID LINE ALSO BEING THE WEST LINE OF LOT H RF, IfII WE, S01(31
00 DEGREES 25 MINUTE`, 59 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE
OE 30.00 F FT TO A HON 1 ON SAID NORTH RIGHT OF WAY LINE AND THE POINT
OF FIT GINNING,
CONTAINING 18,880 :SQUARE FEET OR 0.43,3 ACRES. MORE OR L.F:SS.
BASIS OF BEARINGS.
BEARINGS ART BASLE) THE ASSUMPTION THAT JUL SOUTH LINE OF THE SO U1
QUPRIER Of SECTION 24 DEARS SOUTH 89 DEGREES 54 MINUTES 36 SECONDS
WEST. THE SOUTHEAST CC)RNI R OF THE OU IH JESI (AJAR I CR 05 SECTION 24 IS 3•'
ALUM. CAP STAMPED •'FS 25957 Ai PHA SURVEY", THE S0004WEST CORNER OF
ECIION 24 IS 2" ALUM. CAP.
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SCALE: N/A
COG SHAFER, KLINE&WARREN, INC. DORTHY K.GURTLER TRUST
(ON o &RUSSELL L.GURTLER JR.FAMILY DATE 07/08/15
\Y L _ 1700 SWIFT,4100,NORTH KANSAS CITY,MO 64116 816.756.0444 --- - -
17G>• G r..r H)KANSAS CITY,MO.TULSA.OK•HOUSTON,TX COUNTY
D O
RIGHT-OF-WAY -
NB WWW.SKW-INCCOM
JOB NO: 120418-12R REV DATE 1 BY
SECTION 24,TOWNSHIP 3 NORTH,
DRAWN BY- TRC 1 09/23/16 TRC RANGE 65 WEST
APPROVED BY:SWL WELD COUNTY,COLORADO SHEET. 2 OF 2
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