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Home My WebLink About20140141.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR13-0037 - KENNETH EVERITT (NORTH WATER DEPOT) WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on September 4, 2013, the Weld County Board of Commissioners approved Use by Special Review Permit, USR13-0037, for Kenneth Everitt, 45571 County Road 118, Grover, Colorado 80729, for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility (water depot) in the A (Agricultural) Zone District, on the following described real estate, to-wit: E1/2 SE1/4 of Section 31, Township 12 North, Range 59 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Kenneth Everitt (North Water Depot), with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with personal check #1566, drawn on American Agcredit, in the amount of$2,400.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said personal check as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Kenneth Everitt (North Water Depot), be, and hereby is, approved. BE IT FURTHER RESOLVED that personal check #1566, drawn on American Agcredit, in the amount of$2,400.00, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 3998403 Pages: 1 of 28 02/26/2014 10:58 AM R Fee:$0.00 Steve Moreno Clerk and Recorder. Weld County CO a. 1,4 IIII PRA:L1MI4VIflti' 111111 3995-`1. Pa-es: 1 of , 'o 02/ //20 .. i.. : Fe: .$0.0. eld .•u . Co _ 4 2014-0141 -" R�IIT.IR+u, .. •rn °" I PL2239 IMPROVEMENTS AGREEMENT— KENNETH EVERITT (NORTH WATER DEPOT) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of January, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Cicdllt��oL, ,' _ ".i �� e/ice Dougl s Rade acher, Chair • Weld County Clerk to the B d La `�°.�� /, / sei 'Barbara Kirkmeyer, Pro-TTe�i BY: C �_ Deputy Jerk to the Bo t' i L -� ' Sean P. Conway APP D RM: .c .tpi------- Mike Fr ou Attorney illiam F. Garcia Date of signature: j_c-9J�R 3998403 Pages: 2 of 28 02/26/2014 10:58 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO ■III MIratialiiiilfrtill,L' w VOW 1,4F1,,ElliKiD YlvF, III III 3995391 Pages: 2 of 20 02/1 2014 08:3 R Fee:$0 a9 Stev- Mar no CL- k an• Recorder. -e • County. Ce I ..L II I 2014-0141 PL2239 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Kenneth Everitt (North Water Depot)—USR13-0037 Part 1: Site Specific Provisions THIS AGREEMENT is made this /.5 day of 2014, by and between Kenneth Everitt, whose address is 45571 County Road 118, Grover, olorado 80729, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: E1/2 SE1/4 of Section 31, Township 12 North, Range 59 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, County has approved land use permits for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (Water Depot), on approximately 2.07 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 (USR13-0037), and WHEREAS, the Property Owner acknowledges that the issuance of USR13-0037 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 Construction Plans, copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibits C and D, respectively, and ll■�N ,.; WHEREAS, the Property Owner acknowledges that it may not engage in any activity =m to described in USR13-0037 and/or any activity related to the businesses described above until said 2 'm improvements have been completed, and v° mw -=09 0m WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County - i6-0 Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein t a n or to commence the use of the Property as approved in USR13-0037 within three (3) years of the approval of the permit issued under USR13-0037, may result in the revocation of USR13-0037, 'w upon consideration and order of the Board of County Commissioners, and T a° 2, ♦;' N) WHEREAS, the Property Owner agrees that the failure to record the plat within the time 3 Fm Ca. 1of22 ( 'I,sersVdbechler)AppDataAI-ocalAMierosof Windomfempora'y Internet files)Content.Outlook C07XGS5GAI:ennith I:veritt North Water - o DcprnLWSR13-0037)Part I Site Specific Pi ovisions-Final IA(I I-7i-I1)clocx11-,P1 ANNINA Dr VII OPMIiN F RI VIEW 2013 Hannnine Me; Referral-s)4VIVIV I341I.S.R4 .z-n' we^neth 1 voritt(Water DepoI}VImpr nementAKennith Everitt North Water rSl4t3 0037)fart g -I-Sii€-Speeititr Proviaian, Final IA(I-I-25-13Hee limits imposed by the Weld County Board of County Commissioners, may result in the revocation of USR13-0037, upon consideration and order of the Board of County Commissioners, and WHEREAS, the parties agree that the Property Owner shall provide collateral for all off- site improvements required by this Agreement when; the Property Owner submits and receives approval of an application for a Grading Permit, Building Permit or for a Right-Of-Way Permit for construction of accesses and work within the County and/or State of Colorado Right-Of-Way, or at a time determined acceptable by the Board of County Commissioners. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off-Site Improvements: 1.0 Weld County Road's 111 & 134: 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's 111 & 134 right-of-way (ROW), drainage and signage installations, as indicated on the accepted Construction Plans and/or USR13-0037 plat. The main entrance improvements will include a 26' wide X 100' long Tracking Control Pad, placed across the entire width of the CR 134 section line roadway access, to ensure a complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent CR 111 roadway. The CR 134 approach roadway from the entrance to the CR 111 access shall have a cross-section of twelve (12) inches of Aggregate Base Course and be twenty-six (26) feet in width, as indicated on the USR13-0037 plat. 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's 111 & 134 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 iiMai include, but are not limited to the following: design, surveys, utility locates, present and future x3mA right-of-way clearances and permits; coordination with oil and gas operators and facilities, and £ mw affected irrigation facilities; traffic control; and project safety during construction. Property �i� a Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and _;-q".1 d Environment, (hereinafter"CDPHE") and other Federal, State or County regulatory agencies. M.3. 'AA 3.0 Engineering Design and Construction Plans: For Off-Site Improvements as set- To _ forth in Section A. 1-2 above, all engineering designs and construction plans must be provided km�N by Property Owner. All plans showing work within the County shall be reviewed and accepted r m by Weld County, prior to the start of construction. For all construction in the County right-of- am way, prior to the issuance of any access permit or right-of-way permit, a construction schedule 2of 22 C :set s'dbechletVAppData LocalAMicrosoft\Windows\I enworary Internet I'ties\Content Outlook VC07XGS5(i hennith I vertu North Water r o Depot(IJSR I3-0037)Part I Site Specific Provisions-Final IA(II-25-13)docxM:JPLANNINC DI 11,OWM:N r REVIEW, 2013 Name, o Rao u als4lJbR l3aSRC ('037 KennetFr{.yet at(Water Depot)`Imprevetuonte-l+areemenflFennitlf lbrsitt North Water{0rpot(USR73 0037)Part I Site-Specific Precisions Ihial-IA(I I-23-13)..1oax giving times and locations of all proposed improvements shall be provided to Public Works for review and acceptance. The approved and accepted construction plans are a part of this Agreement. 4.0 Construction Standards: All construction and materials controls for a project and any designated improvements shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 5.0 Traffic Control: Prior to any construction in the County and/or State Right-Of- Way and as a condition of issuance of any access permit or Right-Of-Way permit, the Property Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then current version of the Manual of Uniform Traffic Control Devices (hereinafter "MUTCD"). 6.0 Off-Site Dust Control/Abatement and/or Paving (If Applicable): The Property Owner is required to provide dust abatement along affected Haul Route Roads approximately two to five times per year, as determined by the County. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Property Owner sourced traffic. The amount and extent of dust control and paving measures will be determined by site-specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Property Owner haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of haul traffic utilizing County roads in the vicinity of the site attributable to Property Owner (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County on the primary and requested alternate or revised haul routes. The County will have sole responsibility for determination of the percentage of haul route traffic on all affected roads. 7.0 Future Improvements: Future improvements to the haul route(s) may be required by County. Property Owner shall address all County access issues associated with afore- •-N� mentioned haul route. Future County mandated measures may include improvements to any haul =q We, route intersections or roadways then utilized by Property Owner. Property Owner shall pay a ti omw proportionate share of the cost of the entire project including engineering designs and ITV; construction plans based on the Applicant's share of ESAL Counts using then current data on the haul route in the implementation of the above-mentioned improvements. County personnel alone _ a shall make all determinations regarding the gathering of and use of traffic data when making }a 3N decisions regarding cost sharing. In order to accurately determine percentage of Property Owner haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their g rN facility. Future improvements will be subject to any Federal, State or County regulations in F ° place at the time the improvement project is initiated. Haul Route improvements may be k 744're, triggered due to heavy truck traffic associated with the facility. !� O a y O LAC 3of 22 C t kers\dbechler ApppataVLocaIWiicrosoltAWindows Femporary Internet FilesV Content.OntlookvC07XGS5G\Kenneth Everitt North Water g Depot(1:51213-0037)Part I Site Specific Provisions-Final IA(((-25-I3)dncxNI WarVN$tNG UI vl IOPMEN{ RI VIEW, 2014 Planniee Referral.`,US1k 13VUSl -}41037 Kenneth I-ventt{\Vater I kpof)`Jmprovements Agreenn n rcverilt North Water-Depotr(USRI3 0037)Part 4-kilc Specific Previsions—final IA(II 2513-het i Due to the increased traffic volumes at the facility here is a list of triggers for the improvements for the upgrading, widening, and/or paving of WCR's 111 & 134 north or south of the facility entrance: a. 200 vehicles per day Mag-Chloride b. 300 vehicles per day Alternate Pavement c. 400 vehicles per day Asphalt Pavement 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: N,"e m ,nm03 1.0 Established Haul Routes from the facility access point: Co m w m. 2, o a 1.1 Exiting or entering the site: Haul trucks shall enter or exit the site at the �e approved accesses onto CR 134 ROW line, then immediately east to CR 111 for dispersal north or south, and/or CR 134 for further dispersal east. -=;3" Any County roads routinely utilized by USR13-0037 haul traffic may r}AAu become part of the established haul routes. r o O1 Tam O 1.2 No haul vehicles may exceed CDOT required specifications for pounds per m axle. a 1.3 In unusual or rare occasions, if particular projects mandate deviation from the above-mentioned haul route for a limited period of time (which is 4of22 C Isers\dbechler ALTDatad ocalAMicrus ttiW indosssi IemJ1Pmry Internet F Iles VContent.Outlook',C07XGS5G\KenmthI veritt North Water EU— I)epot(USR130037jPart I Site Sped fie Provisions-Final IA(II-25I3]docx,"s4 ANNIN(F--DIVP.I.OPM}::vf RI VII'\i"\--201.3 Plnnnin0 Referrals`USR I3U,SR I3-11037 Kenneth[ve itt t Watei-l-kpoi-}lnipr©timents Abreevnent hveralt North N''aler Depot(US 24;-043-7)-Pm I Site-Speeilie Prevsions-final IA(I 12S-I?Woev defined in this Agreement as a period of not more than thirty days), which shall be established by County at the time that the deviation is allowed. If County approves such deviation, haul vehicles will utilize paved county roads whenever possible. A deviation from the established Haul route lasting more than thirty (30) days or requests for two or more deviations within a twelve month period shall be subject to the terms of Section B.4.0. In the event that haul route traffic, in excess of 15% of the daily facility haul vehicle trips, utilizes alternate haul routes, the provisions of Section 4.0 of this Section B shall be triggered. 2.0 Haul Route Signage (If Applicable): Property Owner shall install haul route signs, as per MUTCD standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No Deviation from Permitted Haul Routes: Except under the provisions provided in Section B.1.3, no deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Property Owner or site operator to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said haul route roads, Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current truck trip counts that identify traffic loading due to Property Owner-sourced traffic. The amount and extent of dust control and/or paving measures will be determined by site-specific conditions at the time, as determined exclusively by County personnel. C. County Road Maintenance Requirements: - 041 �N pr?) ;?, 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 ■:oNm future haul route roads, which in the sole opinion of County has been created by hauling to and o p a from the Property. Should Property Owner's site activities and/or should Property Owner's truck F circulation patterns change in the future so that County approves an alternate haul route, and all z'1:40c,7 or a significant portion of Property Owner's sourced traffic no longer utilizes the above- 3 y n m described haul route and instead utilizes other portions of County roads, Property Owner shall A3" cooperate with County in maintenance of said roads which are included within the new haul f o route. The type and method of repair will be determined by the County Engineer or his -m representative. Repairs shall commence within 48 hours of notification by the County for any �£m� roadway damage that exposes the driving public to adverse or unsafe driving conditions. All Szam other repairs shall commence within thirty (30) days of receipt of Weld County's written notice. IL- 5o122 ( l l set sVdbechleiA AppData l ovalAM tat osoft\WindowsVIemporary Intel net l ilesVContent.OutlookVC07XGS5G\Kenn,th Lveritt North Water — Depot(CSR13-11037)Part l Sae Specific Provisions-land IA(II-2513)docxVL,PL 1NNING IJIAH OPMitht It RI VIFWv-2013 Planning y—o F= Rttlyma U3.SR 13 CSR-L3-0037-Kra:s' .h4WaIelu)epap`ImprovemenG.lereemenl\Kennith lamer t-Not Water Depot(I'SRI:, 0037)Pali I SiteSpccific Previsions—final IA(I1-25—I3).Joac N 1.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If such repair is not commenced within such forty-eight (48) hour period, County shall have the right to draw on the Road Maintenance Collateral and use such funds to perform such repair. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). 1.2 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul route road portion will require paving measures in order to protect the public health, safety, and welfare, and has budgeted sufficient funds for the following calendar year to pay its share of the Off- Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off-Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off-Site Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility for the completion of the repairs and/or improvements on or before December 15 of the year following County's notice of the need for repairs. 21,1 - 0 1.3 In County's sole discretion, County may undertake the repairs and/or oNm improvements. Property Owner's payment for its Proportionate Share of a o m`'' 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 -a with Section C.3.0 of this Agreement. o,n� -a 3N 2.0 Annual Road Inspection: County will conduct a road inspection annually with the P3 cn - 11 cooperation of Property Owner and all other Property Owner and/or Lessees who are required by d 2 2, County to participate in road improvement/maintenance agreements. As a result of the annual m ro inspection, County, in its sole discretion, shall determine actual conditions and shall further s Fa; determine what road repair/improvement/maintenance work is to be performed during that :`o construction season. Notification to the Property Owner of the required roadway repairs will be =§ given as soon as the data becomes available. 6of 22 —o C I Isers',dbech lei 13 Data LocalAMicrosolt indorvs\I emporary Internet I ilesyContent.Outlook`C07XGS3U kennith I?ventt North Water Depot SR I3-(037)Part I Site Spcci tic PION Isuons-Final IA(II-23-I31-(locxM-sPI-,ANN INC DI VI 44)PA.11,N f RI VII'\V 20)•Planning 42 c> it x -SR I3-0037-Kenneth Iv,rill(Water-De{wi)\SmprovenrenIS-tlgre. -0-W nit4+-Iceritt North W'ate-c-Depot DIS It 13-G037)Part I SiteSper+tio-Proeisions-I-*DI IA(I 125 I354oex 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 USR13-0037 as it now exists or may, from time to time, be amended is a remedy which County may impose. D. On-Site Improvements: (No On-Site Collateral is required for USR13-0037 but Property Owner shall complete all On-Site Improvements as shown on the accepted Construction Plans and Plat Map for USR13-0037.) M m$,4n =mmw 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or . o mw maintain the landscaping and re-seeding of the property where applicable as shown on the trot accepted Construction Plans and USR13-0037 plat map. Specifically, Property Owner shall at its x m own expense, plant, install and/or maintain all grass and other landscaping and re-seeding where {s�� applicable as shown on the accepted Construction Plans and USR13-0037 plat map. r- ;3� N Additionally, the Property Owner shall install and/or maintain fencing to screen the property '-�FpA" where applicable as indicated on the accepted construction plans and USR13-0037 plat map. In o;1: the event any of these improvements may include work extending into State or County Right-Of- r °. Way, a Right-Of-Way or access permit is required. £m m -m B sam 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 7of 22 C l'aka s+.dhcchlerAAppData LocalAMiaosoftAWindowsV'I empormv Internet 'i lest/Clonlent.Outlook tC07NG53G Pas ennith I a.Britt North Water o Depot(I'SR 13-0037)Part I She SpeesIi.Provisions-Final IA(II23-13).docNI.0)I:ANN INC DI VI I OPMI NT RI VII:W,-2013+)annino v R�terruls\UhR I3d;&R�-.,�,�.,�,�.��'vei at AgreementARennikh-I�eri¢Na2h N'nter-Depot(l!SI2130037ja'nnNE a-She-Specii Previsions Final IA(11-25-13j:dae=s 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 USR13-0037 Plat Map. The main entrance improvements will include; construction of adequate turning radii at the CR 134 section line roadway access for USR13- 0037. 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 USR13-0037, and/or set forth within the context of this Agreement may, at County's option, result in the revocation of said land use permit. 4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements, Property Owner shall contact the Weld County Department of Planning Services and the Weld County Department of Public Works and request an inspection of the on-site improvements described in Section D.1.0 and D.2.0 above. The County's representatives may then initiate the process for "Acceptance of Improvements" set forth in Sections E. 6.1-6.3. The BOCC does not represent or ensure the on-site improvements will be constructed and/or available for their intended use(s). 02/26//22014 Pages: ste„e Moreno 105 qM R1Fee C 28 RecCVIII Fir r��311r�11+ferk�i.'IY{t�Willilll IIL p •FC f l4�iY I�,YI 1, �I III "End of Part 1" Rof 22 CO(LW,sldbechk!AApplata I ocalV Microsoft'V, ws\Iemoorary Intel net FilesVContent.Outlook VC07XCiSS( 'kennith Pverilt North Water DepojJ1,SR 13-0037)Part I Site Specific Provisions-Penal IA(II_5-I3).docxM4t-P-4,.4NNING—DI(VCLOP>1ENf RFrVWW 2017 PhwninS Refer,ils\t3:SR 134rSR+3-NO37-Ke^•'ath `r+N{Water Depot*#uf-^• ^r-4 eurneaa\I:ennith IiverittNorlh`,y.,H epot-(4-Slid° 0�-O?7)Pan I Site Spccilie-1?revisi*Mh-l-final I. (I 125 13).doev IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS �� Kenneth Everitt(North Water Depot)—USR13-0037 Part 2: General Provisions ��blic WorFs 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. 13 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 :N improvements herein agreed upon for public rights-of-way or easements, Property Owner shall x"mp acquire, at the sole expense of Property Owner, good and sufficient rights-of-way and easements C9,mlm, on all lands and facilities traversed by the proposed improvements. All such rights-of-way and .12 7: easements used for the construction of roads to be accepted by the County shall be conveyed to nm the County and the documents of conveyance shall be furnished to the County for recording. m tn-0 v D p 3.0 Construction: Property Owner shall furnish and install, at its own expense, the �ppm improvements identified on the accepted Construction Plans and USR13-0037 Plat Map, be rjo„1' solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this t i 2 2, 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- am°' site) and improvements to public rights-of-way or easements being completed also inIC 2 accordance with the schedule set forth in Exhibit "B" (Off-site). The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in Exhibit B stated herein upon application by the Property Owner. 9of22 M\PI.ANNING-DEVELOPMENT REVIEWV-2013 Planning Referrals VUSRI3VUSR13-0037 Kenneth Everitt(Water Depot)AImprovements Agreement AKennith Everitt North Water Depot(USR I3-0037)Part 2 General Provisions-Final IA(II-25-13)docx 399539,- Pages: -f 0 02/11/'014 08:33 AM �Fe -.0.00 Steve arena Jerk a .'Recor. Weld .unty. 0j D//// 3.1 Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 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 wo governing occupational safety and health. m W -3NA 5.0 Warranty of On-Site and Off-Site Improvements: Property Owner shall warranty mw all improvements to public rights-of-way, (if any), and all privately created and maintained roads a a or rights-of-way, or easements, and all on-site improvements for a period of two (2) years. The ST 2:8. urci warranty period shall begin only after the County's execution of a written acceptance of the X-;DI improvement(s). r..5)DR X812?). 3 0 7 A 6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon W N compliance with the following procedures by the Property Owner, the improvements shall be r : deemed accepted by the County, if collateral had been initially posted for the improvements. or Tmm The BOCC does not represent or ensure the on-site improvements will be constructed and/or _=am available for their intended use(s). 14 S• 0 N E I0ot22 MVPLANNING-DEVELOPMENT REVIEWV-2013 Planning Referrals VUSR13VUSRI3-0037 Kenneth Everitt(Water Depot)Almprovements AgreementAKenneth Everitt North Water Depot tUSRl3-(1(1471 Finn 7 General Provisions-Final IA(11-25-13)docx 3995391 Pages: 4 of 20 02/1 /20 08:33 Rr - Fee:$0.00 Stev Mor no Clerk nd Re •rder. Wel• oun CO 6.1 If requested by the Property Owner and approved by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not, alone, constitute an acceptance of said portions of the improvements. 6.2 County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 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 applicant, 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 ffikN(% improvements, and the filing of a Statement of Substantial Compliance, x�m� when necessary, by Property Owner's engineer, the Property Owner may, C'9%) 'm P tY g P Y Y w as set forth in Section D.4.0, request in writing that the County inspect the •-a o p improvements and recommend to the Board of County Commissioners 4 0m that the improvements be accepted if collateral had been initially posted "°�a for the improvements, and further that the two-year warranty period begin. ;31:1 Upon completion of the two-year warranty period, the County Engineer „ -- and/or the Weld County Department of Planning Services shall, upon yo�w request of the Property Owner, inspect the subject improvements, and -or;-`70 o notify the Property Owner of any deficiencies. If any deficiencies are E'm discovered, the Property Owner shall correct the deficiencies. The County r- °D Kg Engineer and /or the Department of Planning Services shall reinspect the improvements after notification from the Property Owner that said r deficiencies have been corrected. If the County Engineer and/or F Department of Planning Services find that the improvements are 11 of 22 M:APLANNING—DF VELOPMEN'L REVIEWV-20131'lanning Referrals Vt1SR13VUSR73-0037 Kenneth Evcnit(Walcr Depot)AImprovcmcros AgreementAKennith Everitt North Water Depot(USR 13-0037)Part 2 General Provisions-Final IA(11-25-13)doex 3995 •'[ Pa- -_. : 5 of 20 02/ /2.14 08:3- R R Fee:$0 Ste e Mo -no. C rk an Recorder, eld ounty.. I 1 1 constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 7.0 General Requirements for Collateral: (Currently no on-site collateral for USRI3-0037 is required, but possible future on-site collateral may be required by County, should the Property Owner revise conditions of operation in the future.) 7.1 County requires Property Owner to provide collateral to guaranty all of Property Owner's obligations under this Agreement: (I) Project Collateral for completion of all improvements described in this Agreement shall be provided for off-site improvements with no on-site collateral for USR13- 0037 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 U i ) / 37 US&1.3-9Bt4 Plat Map and further enumerated in the costs listed in 7� 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 submission of the Property Owner's application of a grading, building, and/or right-of way permit, 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 IlaN� County and shall be held in total by the County for two (2) years following x N p its written acceptance of the improvement(s). ti n N o F-• L 7.4 In the event Property Owner fails to adequately complete and/or repair �c improvements associated with this Improvements Agreement, County will 'a access, in its sole discretion, Project or Warranty Collateral to the extent #;3N necessary to complete said improvements or repairs in order to preserve p r � public interest. room•A a 7.5 Road Maintenance Collateral shall be submitted to County upon the •.: mN release of the warranty collateral by the Board of County Commissioners YamCO or at the time of approval of this Agreement, if no Project Collateral was initially submitted. Road Maintenance Collateral is held for use on roads associated with the designated haul route. tt` ilE 12of22 MU'LANNING—DEVELOI'MEN'f REVIEWV-2013 Planning Referrals VUSR13VUSRI3-0037 Kenneth Everitt(Water Depot)Aimprovements Agreement\Kenneth Everitt North Water Depot(USR13-0037)Part 2 General Provisions-Final IA(I l-25-13)docx 3995 1 Pa• : 6 of 20 02/ /•014 08: A11 R Fee:$0.0v Ste e In eno. C 'prk and ecorder -Id aunty.. CO ..fir.. I I • �1L W I I- If no Project Collateral was initially submitted, Road Maintenance Collateral shall be submitted at the time of approval for this Agreement or at such time that approved USR13-0037activities are initiated. The submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads or $2,400.00 for facilities adjacent to gravel haul route roads, and the amounts will be listed on Exhibit"A"- Cost Sheet (OFF-SITE). Road Maintenance Collateral shall be held by County as long as this Agreement is in effect and returned to Property Owner upon vacation of associated land use agreement or permit. The Road Maintenance Collateral will only be accessed by County, if following notification to Property Owner of required roadway safety related repairs, Property Owner fails to perform said repairs within the time allowed in County's notification. If any of this collateral shall be collected by County, Property Owner shall replace the amount, plus interest, within six (6) months. 7.5.1 Road Maintenance Collateral Option (For Materials Haulers): In lieu of cash collateral, Property Owner may submit funds quarterly to Weld County, at a rate of ten (10) cents per ton, based on the amount of processed material leaving the site. These funds will be escrowed by the County and utilized for roadway repairs specific to the USR's designated haul route. The first payment of funds will be due three months after the initial sale of materials from the USR site. Subsequent quarterly payments will be deposited in the associated escrow account until the USR permit is terminated. Utilization of this collateral option will negate any further obligations of the Property Owner and/or Applicant 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 ! ,1 remaining funds in the escrow account will be returned to the USR qv— Permittee. ti o mm a 1 7.5.2 Road Maintenance Collateral (For Off-Site Dust Control—If �m Applicable): s"6-o The total costs for materials and application, will be listed on a--w3m Exhibit "A" (OFF-SITE) — Dust Control, of this agreement. These funds will be utilized by the County for roadway applications m=20 1; specific to the USR's designated haul route, only if the applicant does not adhere to the requirements for dust suppression as 'CT, specified in Section A.6.0 of this agreement. Following completion !m°° r-a of all construction phases, and/or upon vacation of this USR, and following determination by Public Works staff that no immediate s repairs are required for the Haul Route, any remaining Dust Control collateral will be returned to the USR Permittee. nu C 13 of 22 M:APLANNING—DEVELOPMENT REVIEW\-2013 Planning ReferralsVUSR13VUSRI3-0037 Kenneth Berm(Water Depot)AImprovements AgreementAKennith Everitt North Water Depot(USR13-0037)Part 2 General Provisions-Final IA(11-25-13)docx 3995 Pages' of 20 02/1 /2714 08:33 R R ee:$0.00 Ste - Mor:no Clerk/'nd Rec•rder, We ,. Count CO I • 7.6 Acceptable Project Collateral shall be submitted when the Property Owner submits an application for the Grading Permit, Building Permit, or Right- of-Way Access Permit prior to commencement of Site Preparation, as herein defined. 7.6.1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for all improvements are updated and collateral is provided in the amount of One-Hundred percent (100%) of the then current value of the improvements to be completed, 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 Applicant's operations pursuant to USR13-0037that 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 IN/:P.,?,;;;) COUNTY, COLORADO). A copy of said form shall be provided to a °D 1I'° No Applicant upon request. mw Ada 7.8 Collateral may be in the form of a surety bond given by a corporate surety -`-'m authorized to do business in the State of Colorado in an amount equivalent W-xco a "=":d to one hundred percent (100%) of the value of the improvements set forth iaa3m in the Improvements Agreement and the Plat. The surety bond shall a conform to and be subject to the requirements of Weld County Code 2„bi Section 2-3-30 B.4. The Property Owner shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND P' FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, DIP' COLORADO). A copy of said form shall be provided to Applicant upon request. 2 7.9 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 14 22 M:APLANNING-DEVELGPMEN'I REV1EWA-2013 Planning Referrals VUSR13VUSR13-0037 Kenneth Everitt(Water Depot)Almprovements Agreement'Kennith Everitt North Water Depot(USR13-0037)Part 2 General Provisions-Final IA(I1-25-13)-docx 399 -91 Pa es: 8 of 0 02/ 1 2014 08 3 •M R F- :$'r .00 St e oreno. • erk nd Rec• der, eld Co . ty, CO I u1, improvements set forth in the Improvements Agreement. In the event the applicant is required to warranty the improvements, the applicant 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. 7.10 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. The Board further reserves the right to require Property Owner to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by Property Owner within sixty (60) days of the Board's notice to Property Owner that the rating has fallen and that the collateral must be replaced. Property Owner may not terminate existing collateral until replacement collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 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. 'LT,(6) 8.2 For the improvements to public rights-of-way or easements, test results x3mA must be submitted for all phases of this project as per Colorado 0:91•13,, eig Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. no -ii;,-0 .4s(:°m 8.3 "As-built" plans shall be submitted at the time the letter requesting release nm of collateral is submitted or at such time as the Property Owner has rz%- completed improvements as shown on the USR13-0037 Accepted "'art. Construction Plans and Plat Map, and shall be stamped and approved by m?. o an Engineer registered in the State of Colorado, if an Engineer was C a E. initially required for the project. The Property Owner's Engineer shall certify that the project "as-built" is in substantial compliance with the o plans and specifications as approved, or that any material deviations have f received prior written acceptance from the County Engineer. X� Cl O Or 15of22 - M-\PLANNING-DEVELOPMENT REVIEW-2013 Planning Referrals\USRI3\USR I3-0037 Kenneth Events(Water Depot)\Improvements Agreement\Kennith Everitt North Water Depot(USRI3-0037)Part 2 General Provisions-Final IA(I I-25-13).docx —_ 3995 = Pag-- : 9 of 2'"- 02/1 /2014 08:33 R Fee:'.c .00 Ste e lbo eno. C1e✓ an. Record•' , Weld aunty 0 — I • II I 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. 8.7 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, the Property Owner (if Property Owner has supplied any or all of the collateral) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 Following the written request for partial release of the "Project Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on-site and/or off-site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the partial release of "Project Collateral". For all off-site improvements (including improvements to public rights-of-way or easements), the written request for release of"Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County I•c$t4s. Department of Public Works County shall inspect the improvements. If x-mm� the improvements require mitigation or further repairs arc required, said o Nm ti work must be completed prior to the conclusion of the Warranty period. !;rot'' o a The "Warranty Collateral" shall be released to the Property Owner !a following the expiration of the warranty period upon final written �� acceptance by the Board of County Commissioners. __y n itro :Co-▪ 'a" 8.10 For all off-site improvements (including improvements to public rights-of- r g r way or easements), the written request for release of "Warrantya; o Collateral" shall be accompanied by "Road Maintenance Collateral" (If i=e ' Applicable) as specified in Section E.7.5 of this Agreement. "Road xmsco �. m Maintenance Collateral" for roads associated with the designated haul route shall be maintained as long as the USR is active. z� 6 422 1� M:APLANNING-DI VELOPMENT RI VIFWV-2013 Planning Referrals VUSR13AlSR 13-0037 Kenneth Everitt(Water DepegAlmprovements Agreement AKennith Everitt North Water Depot(USR 13-0037)Part 2 General Provisions-Final IA(I I-25-13).doexOM — 39953 Pages: �70 of 20 0 /1 2014 08:33 gl'11' R ee:$0.4j St e More o. Clerk d Re r t CO 1 II 1 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. Applicant'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 refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. F. Termination of Agreement: � 9-t° metoco 1.0 Termination Event: This Agreement shall terminate upon the earliest of the o�'o following events: m m w �e 4, 1.1 Cessation of all Permit Related Activities. Termination of this Agreement .I.:-;271-j, shall occur upon Operator's complete cessation of all activities permitted under USR13- "'m 0037or any amendments thereto. A partial cessation of activities shall not constitute a a3?) Termination of this Agreement, nor shall County's issuance of a partial release constitute r m 13,, a Termination. Operator shall provide written notice to Property Owner and County of :I 1° 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 m ma that the Use by Special Review is inactive, which shall be three (3) years following ram County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the ' Weld County Code. � _G n 1.2 Execution of Replacement "Improvements Agreement According to it' 17 of M.\PLANNING-DEVELOPMENT RE_VIEW\-2013 Planning Referrals\USR13\IJSR13-0037 Kenneth Everitt(Water Depot)\Improvements Agreement\Kenneh I'.veritt North Water Depot(USRI3-0037)Part 2 General Provisions-Final IA(I I-25-13)}doex 3 5391 y1 -es: 11 of r� 2/ 1/2014 0/133 •M R Fee:' .00 n \ .tev_ Moreno, erk . d Recor..-" Weld aunty C0/ III ■ ru. Policy Regarding Collateral for Improvements — USR13-0037by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR13- 0037with 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 — USR13-0037by New Operator: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR13- 0037with a new operator who has assumed the operation of the business on the Property which business activities are permitted by the then existing USR. 2.0 Termination Procedures. 2.1 Termination Procedures Following Cessation of Permit Related Activities: Following the events outlined in paragraph 1.1 above, County shall conduct its annual road inspection. Said road inspection shall be conducted on or before May 31 following the announcement or determination of the cessation of permit related activities on the Property. The results of the inspection shall be delivered in writing to the Property Owner and Operator. If the County determines that pursuant to the terms of this Agreement, the Operator must complete any of the improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable period of time thereafter, but in no event later than six (6) months following the determination that permit related activities have ceased. Collateral shall not be released by County until such time as county determines that all of the improvements have been completed. 2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property or Transfer of Operations: If the Property Owner or Operator desires to assign its rights and obligations under this Agreement to a successor Property Owner or 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 Ilr,7$4:1 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 C" tm, whether the improvements have been completed. If the improvements have not been completed, the Property Owner and/or Operator shall either complete the improvements a 0m or post collateral equal to the cost of the completion of the improvements, if such ' 'a collateral is not in place. If collateral is available at the time, County shall hold a hearing 1,n" m to determine whether the collateral should be called upon to pay County or a contractor Viazi•. of the County to complete the improvements. County shall also inspect the road(s) which ti o m are covered by this Agreement to assess the current condition of the road(s) and s o determine whether Operator and/or Property Owner would be required to perform road C m N 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 5=' cost of said maintenance. County shall not execute a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR13-0037with a 0 18 of 22 MVPLANNING—DEVELOPMENT REVIEW\-2013 Planning ReferralsVUSR13VIJSR13-0037 Kenneth Everitt(Water Depot)AImprovements —_ Agreement\Kennith Everitt North Water Depot(USR13-0037)Pan 2 General Provisions-Final IA(I I-25-13).docx 399 - 1 Page . 12 of 20 02 1/'014 08:3 Fee $0. St m. eno. Cle and Re.order Id Cou 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 — USRI3-0037with 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 — USR I 3-0037with 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 USR13-0037. 5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that activities related to USR 13-0037cease as a result of the revocation of the permit as described in Section E.11.0 of this Agreement, neither Property Owner nor Operator will be released from any of the obligations imposed by the terms of this Agreement only after Property Owner's successful completion of all improvements required under this Agreement or after County accesses the collateral to the extent necessary to complete improvements County, in its sole discretion, deems necessary to preserve public interests. G. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections $CCP or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as x�m1Ow applicable now or hereafter amended. C o Nm Mmw o A H. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms c of this Agreement, County shall notify property Owner of its belief that the Agreement has been mw 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 " -T 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 m equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral !a:Epgo (if applicable), and/or administrative action of the County to suspend or revoke the underlying p: land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld c County Code. Violations of the terms and conditions of this Agreement include, but are not i-~` 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 19 of 22 M\PLANNING—DEVELOPMENT REVIEW\-2013 Planning ReferralsVUSR13VUSRI3-0037 Kenneth Everitt(Water Depot)AImprovements AgreementAKennith Everitt North Water Depot(USRI3-0037)Part 2 General Provisions-Final IA(I I-25-13).docx 3; 3 '1 Pa-_- • 13 of 20 �• /11/:014 08:3/AM Fee:$0.0/ 1 teve Mo?eno, C ;"k and •-corder. ', d Count CO 1 .. . .. III I 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. 3998403 Pages: 22 of 28 02/26/2014 10:58 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO ■III 111'l4IId+1�}r'14��rT�h�'{�Ila}i R}ll+inl'��Ylrl 11111 3995 1 Pages: 14 of 20 0 /20 4 08:33 AM ee:$0.00 Steve More o, Clerk - d Rec. .-r, Weld C•. nty, C _ . . I v n 20 of 22 M:APLANNING—DEVELOPMENT REVIEW\-2013 Planning ReferralsVUSR 13VUSRI3-0037 Kenneth Everitt(Water Depot)AImprovements Agreement AKennith Everitt North Water Depot(USR 13-0037)Part 2 General Provisions-Final IA(I l-25-'3)docx IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNERS: SIGNATURE 1 -)1-1,r_ilC, -t:z.,,,E' PRINTED NAME )(et7n4"TAj �y/ O- 1± t' TITLE(If Applicable) (`v wn er STATE OF COLORADO ) ) ss. County of Weld ) g .-brda f The e in�> ii rwrpt y/v� J� Howled ed before me thi�,J day o J•' 2013, by 11 K r i -z-1;/C f`I WITNESS my hand and official seal. t- i 1 icLtALT ) iczyi' Notary Public My commission Expires: Oa - I L/ f ; —0ail I IE J. MOORE SIGNATURE ( t, ▪ o Na PRINTED NAME ri9m(a d A TITLE(If Applicable) �2s x�� STATE OF COLORADO ) to v Dm 3pj ) ss. a ▪ ax, County of Weld ) N �arW € .sN Th ore jin I r t was a n ledged before me t66,-0, day of ��r� -"� et s� 2013. by 7 / T�6_ et +m' WITNESS my hand and official seal. L �� /): I cii -o Notary Public —_PE= My commission Expires: /O/l ,�I Li /-,iY F(IB_!C A 111 . ( C C/l L.0 LC)111:1C:D 0 21 of22 M:APLANNING-DEVELOPMENT REV IEWV-2013 Planning Referrals VUSR 13Vt1SR 13-0037 Kenneth Everitt(Water Depot)Aimprovements Agreement AKennith Everitt North Water Depot(USR13-0037)Part 2 General Provisions-1-inal IA(11-25-13)docx 399 "91 P- -e . 15 of 20 0 1'2014 08: AM R Fee:$0.'d 5.eve oreno erk and eco der. .eld Co ty.. in U Ir ■ 1 i i i LESSEE: SIGNATURE PRINTED NAME TITLE STATE OF COLORADO ss. County of Weld ) The foregoing instrument was acknowledged before me this 15thday of January , 2014, by Douglas Rademacher WITNESS my hand and official seal. SUSAN BROWN • NOTARY PURLIG NotaryPublic STATE OF COLORADO NOTARY ID 20134010751 My commission Expires: z - 12 - 2 of MY COMMISSION EXPIRES FEBRUARY22,2017 BOARD OF COUNTY COMMISSIONERS M`,!-'21;4 WELD COUNTY, COLORADO —, Nco D m co Ea 0▪ m w ATTEST: C 7 c'�f" /- Ea- 0 A Douglas Rademacher, Chair I 1 .5 2014 ▪ AA1J. `-'l�x�P Kliss %o„a Weld County Clerk to the Board °�:�a m rm°o BY: /j/Lt/ 427 2 61 A11O" f=_ Deputy Clerk t e Board 1:_ ▪ 0 APPROVED AS TO FORM: County Attorney a 22 of 22 M VPLANNING—DIM LOM/TENT REVIEW\-2013 Planning Referrals VUSRJ3VUSR I3-0037 Kenneth Everitt(Water Depet)AImprovements AgreementAKennith Eventt North Water Depot(USRI3-0037)Part2 General Provisions-Final IA(I I-25-13)duct 3995391 Pages: of 20 02/11/2 4 0+ :33 AM • F?e:$0.00 Ste - Y.reno. erk Recar.er, Wel. ounty. GO ."V—r/9/ EXHIBIT A - Cost Sheet (OFF-SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: 962,22,-,.4.2 � SL Applicant Lv II Y Date ill r c. 3 , 20 ) 3 Title By: Applicant Date ,20 Title 3998403 Pages: 25 of 28 02/26/2014 10:58 011 R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO ■il!M��1l lnllrllfiti �� f'J+IIaI'A .'•Rl�} +.V� GJ�YL F ■IIII 399 = t1 Pages: 17 of 20 . 02/ " / '014 08:3 R Fee:$0 Ste,.e M• eno, C1 • Recorder eld Co • II t II 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 VN' ��nr!> Applicant ((�� 7LI//1-ev Date , 20 / 3 Title By: Applicant Date , 20 Title 3998403 Pages: 26 of 28 02/26/2014 10:58 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder.. Weld County, CO VIII k1F1LTl�Ii�lliti dIYR7II',,JI�i 'JNI}�P:'t,:Yiii IIIII 39953 Pag-. • 18 of 20 0 1 2'. 14 08:33 M Fee:$0.00 S ev, Mor-no CI-; and Rcorder'^ We : Coun y, CO A I■ 1 •rV- O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx I'- EXHIBIT.I A - Cost Sheet (OFF-SITE) Name of Facility: a-V0r .1T V(RSrr,Q/o/ Filing/Case#: US#C /� - 0 o 3 } Location: �j I f/ A /3471- Personnel Contact:Name L-i n n LPr�rq/ Title: Phone:303 -799 -n 7p/ Intending to be lolly bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. Improvements (OFF-SITE) (Leave spaces blank where they do not apply) Quantity Units Unit Costs($) Estimated Construction Cost(51 ]PUBLIC WORKS] Site Grading Street Grading Street Base,Gravel for Parking Street Paving Pavement Marking Curbs,Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention/Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Entrance/Access Improvements Erosion Control Measures/BMP's Road Maint. Collateral(per Sec.E.-7.5) Z Y p/, rr Dust Control(per Sec. E.-7.5.2) Fire Hydrants Survey,Street Monuments/Boxes ]PLANNING SERVICES, Parking Area, Curb Stops,Bus Kiosks Street Lighting 02/926/02014 10:58 AM R 2 Fe of e$0 00 Street Names Steve Moreno. Clerk and Recorder. Weld County. CO Signage ■III M��11L'�4OJT lli4'1''L R�=hJ'J� rirh 11111 Fencing Requirements Landscaping,Seeding,Trees,etc. Park Improvements 39 539 / Page • 19 of 20 02 11/'01 08:33 • R Fee:$!. " _ Handicap Accessibility,Parking& Rails St:;ve .oren.. Cler and ecorder We d C. n y. CO Septic Systems .. - SUB-TOTAL: I Z/7/0 r. ✓v (1 esting,inspection,as- wit plans and work in ad non to preliminary and Engineering and Supervision Costs($) final plat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS,ENGINEERING AND SUPERVISION ($) 2 yOo O EXHIBIT B -Time Schedule (ON-SITE) & (OFF-SITE) Name of Subdivision,PUD,USR,RE,SPR: i t' Y'1 Writ.*e" DP/$1071 Filing/Case 4: /3-0031 Location:.e/Q /37 Intending to he legally hound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within years from the date of approval of the final plat. Construction of the umprovements listed in Exhibit A shall be completed as follows: Improvements Time Schedule (Leave spaces blank where they do not apply) O( N-SITE) (OFF-SITEl 1PUBLIC WORKS Site Grading Street Grading Street Base,Gravel for Parking Street Paving Pavement Marking Curbs,Gutters,and Culverts Sidewalk Stormwater/Drainage Facilities Retention/Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Entrance/Access Erosion Control Measures/BMP's Fire Hydrants Survey,Street Monuments/Boxes A'o*d 410;#174, e.?1/r l+c rZt./ PeweOM b'- 12 13 ( e 30. . •S ,PLANNING SERVICES] Parking Area,Curb Stops,Bus Kiosks Street Lighting Street Names Signage Fencing Requirements Landscaping,Seeding,Trees,etc. Park Improvements Handicap Accessibility,Parking&Rails Septic Systems Final Completion Date for Entire Protect m0y Zo/y 397391 Pa s: 20 of 20 3998403 Pages: 28 of 28 02/ 1/211 08:3 A R Fee .0 00 02/26/2014 10:58 AM R Fee:$0.00 Ste,ve.Mo a a. Cle an. Recur.-r. Id Cou y, CO Steve Moreno. Clerk and Recorder. Weld County. CO VIII WALT LI MIa��ti�II�J�'«7h'1'' �E�if' ? iI��Yli�i�� MEMORANDUM TO: Clerk to the Board _.1861 vil1E � \� DATE: 1/9/2014 i-- .FROM: Richard Hastings,Public Works Department U ;3/4"L coUNT SUBJECT: BOCC Agenda Item-Approve Improvements Agreement and Accept Collateral For: Kenneth Everitt(North Water Depot)-(USR13-0037) Request for Approval of Improvements Agreement: The Department of Public Works received a request from the applicant's representative, Linn T. Leeburg, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the Mineral Resource Development Facility including an Oil and Gas Support and Service Facility—Water Depot(USR13-0037),located on CR's 111 & 134, northeast of the town of Grover. Weld County Public Works Department reviewed the above-mentioned signed original document and observed the following: •All Public Works related items, of the"Improvements Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. Request for Acceptance of Collateral: The Department of Public Works received a request from the applicant's representative, Linn T. Leeburg, requesting that the Board of County Commissioners consider accepting collateral in the form of a Personal Check—(American AgCredit,PCA) in the amount of$2,400.00,for the above- mentioned Improvements Agreement. Recommendation: The Department's of Public Works and Planning Services are recommending approval of the Improvements Agreement According To Policy Regarding Collateral For Improvements and the acceptance of collateral,in the amount of$2,400.00 for Kenneth Everitt(North Water Depot) - (USRl3-0037). pc: Don Carroll,Public Works Chris Gathman, Planning Services 2014-0141 M:\PLANNING-DEVELOPMENT REARM-2013 Planning Referrals\USR13\USR13-0037 Kenneth Everitt(Water Depot)Vmproventents Agreement\Approve IA&Accept Collateral(USR13-0037)-Kenneth Everitt-North Water Depot-MEMO.docx c.o o ion i ° q �� m i re a 4:1a o e in a rri a 0 r v m ow R N Q FN '41 n 12. . W IS Qocriz J W CC co u O� /.. [� ® aNUB in W Za o a t -.1- i mro ` 0 _¢0 actin a u G Hello