HomeMy WebLinkAbout20141046.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR SECOND AMENDED USE BY SPECIAL REVIEW PERMIT #897
-AGGREGATE INDUSTRIES -WCR, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on June 17, 2009, the Weld County Board of Commissioners approved
Second Amended Use by Special Review Permit #897, for Aggregate Industries — WCR, Inc.,
1707 Cole Boulevard, Golden, Colorado 80401, for a Mineral Resource Development Facility,
including Open Pit Mining and Materials Processing, including Concrete and Asphalt Recycling,
and a Concrete and Asphalt Batch Plant Facility, in the A (Agricultural) Zone District, on the
following described real estate, to-wit:
The W1/2SW1/4, and part of Lot A of Recorded
Exemption #247; being part of the E1/2SW1/4 of
Section 29; all of the N1/2 and N1/2S1/2, and a
portion of the E1/2NE1/4 of Section 32; together
with a parcel located within the SW1/4 NW1/4 of
Section 33; also know as Lot B of Recorded
Exemption #1539; together with a parcel in the
NW1/4 SW1/4 and Lots A and B of Recorded
Exemption #978, being the NW1/4NW1/4 of
Section 33; part of the NE1/4 and a parcel of land
in the SE1/4NE1/4 of Section 32; all located within
Township 6 North, Range 66 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 Aggregate Industries-WCR, Inc. "Riverview Resource",
with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Company Check #4000055707 from
Aggregate Industries Management Inc., 24 Crosby Drive, Bedford, Massachusetts 01730, in the
amount of$3,600.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Company Check as stated above, copies of which are attached hereto and
incorporated herein by reference.
CC'• PLO(m016tn) PL( IT mm)
)co
4010176 Pages: 1 of 30 41•973'c90t4
04/18/2014 01:03 PM R Fee:$0.00 2014-1046
Steve Moreno, Clerk and Recorder, Weld County, CO� PL0687
VIII MIS.IR;+rt' I�hI�,hW'f;+Yth�Yli �i NEW i11III
IMPROVEMENTS AGREEMENT-AGGREGATE INDUSTRIES-WCR, INC.
PAGE 2
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 Aggregate lndustries-WCR, Inc.
"Riverview Resource", be, and hereby is, approved.
BE IT FURTHER RESOLVED that Company Check #4000055707 from Aggregate
Industries Management Inc., 24 Crosby Drive, Bedford, Massachusetts 01730 in the amount of
$3,600.00, be and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
n
ATTEST: Cam( Cc ,,,,/ ;� sprav9�� (7/Aittr, ot c dacha/ G „do; ouglas Rademach r, Chair
Weld County Clerk to the Board ;
2' 6S Barbara Kirkmeyer,Pro-Tem
BY: f�,1 L [ I /e• �Wi
Depu " Clerk to the Bo •
ean P. Conway ^�
;, '.
. lEDA • s ��I� \�` �
♦ l �� Mike Fr n
Attorney
iam . Garcia
Date of signature: 4ILD li
4010176 Pages: 2 of 30
04/18/2014 01 :03 PM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
VIII NI�1R11rhi 'EiltiEITIAFEVI RnVILLAIWri Bill 2014-1046
PL0687
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Aggregate Industries-WCR,Inc. "Riverview Resource"—2nd AmUSR-897
Part 1: Site Specific Provisions ,>
THIS AGREEMENT is made this a day of /�f7ri I , 201 c, by and
between Aggregate Industries-WCR, Inc. whose address is 1687 Cole Boulevard, Suite 300,
Golden, Colorado 80401, 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:
Part of Lot A of Recorded Exemption #247, being part of the E1/2SW1/4 of
Section 29; all of the N1/2 and N1/2S1/2 and a portion of the E1/2NEl/4 of
Section 32; together with a parcel located within the SWI/4 NWl/4 of Section
33, also known as Lot B of Recorded Exemption #1539; together with a parcel
in the NW 1/4 SW 1/4 and Lots A and B of Recorded Exemption #978, being the
NW1/4NW1/4 of Section 33; part of the NE1!4 and a parcel of land in the SE1/
4NE1/4 of Section 32; all located within Township 6 North, Range 66 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 Mineral Resource
Development facility including open pit gravel mining and materials processing including
concrete and asphalt recycling, and a concrete and asphalt batch plant facility on approximately
406 acres on the above described real property, and the County has conditionally approved an
• amended Use-by-Special Review for the Property (2nd AmUSR-897), and
WHEREAS, the Property Owner acknowledges that the approval of 2nd AmUSR-897
is conditional upon Property Owner's 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 provided by Property Owner, copies of which shall be attached to this
ma•-. Agreement as they become available and made a part hereof, as Exhibits C and D, respectively,
n
and
vayWHEREAS, this Improvements Agreement supersedes prior agreements for USR-897,
cw and
LLO.-
rr y
vas WHEREAS, the Property Owner acknowledges that it may not engage in any activity
s on the amendment properties of 2nd AmUSR-897 and/or any activity related to the businesses
wri
a.9.2,2v v described above until said improvements have been completed, and
r`-'
aor
NiNO ' Page l of 23
��£ - M:\PLANNING-DEVELOPMENT REVIEW\-Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-
O..a�
>- 897-Aggregate Industries-Riverview Pi[\Improvements Agreemem\Agg.Industries Riverview Resource(2ndAmUSR-897)Part I-DIA(I I-
aommm 18-13)FIA(12-19-13).docx
aoN-/a y°
WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County
Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein
or to commence the use of the Property as approved in 2nd AmUSR-897 within three (3) years
of the approval of the permit issued under 2nd AmUSR-897, may result in the revocation of 2nd
AmUSR-897, upon consideration and order of the Board of County Commissioners, and
WHEREAS, the Property Owner agrees that the failure to record the plat within the
time limits imposed by the Weld County Board of County Commissioners, may result in
the revocation of 2nd AmUSR-897, 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 upon the occasion of the earliest of the following
events: (1) Property Owner's submission and County's approval of an application for a Grading
Permit; (2) Property Owner's submission of an application for a Building Permit; (3) Property
Owner's submission of an application for a Right-Of-Way Permit for construction of accesses
and work within the County and/or State of Colorado Right-Of-Way; (4) Property Owner's
submission of and County's approval of a set of plans for on-site and/or off-site improvements
as set forth in Sections A.1.0-A.4.0 and D.2.0-4; or (5) 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 Property Owner shall construct a conveyor
crossing under or over Weld County Road 64 (aka 'O' Street) and its associated future right-of-
way. An under road crossing would be approximately 12 feet wide by 10 feet tall with a
minimum of five feet(5') of cover extending beyond the future right-of-way/alignment limits on
each side of the road, and shall include all other associated construction costs. An over road
crossing would be designed in accordance with industry standards and Weld County Public
Works requirements. Future right-of-way is currently established as 140 feet or, as required by
the City of Greeley since the site lies within the City of Greeley's Growth Management Area.
aItems 5 through 9 below further describe off-site responsibilities. The above-mentioned
conveyor specifications are subject to change and any such changes will require approval and
acceptance by the Engineering Division of the Weld County Department of Public Works
("Public Works"),which approval shall not be unreasonably withheld, conditioned or delayed.
o-{
m9 2.0 Weld County Road 64/"O" Street: The improvements shall include
m .ate the construction and proper maintenance of an adequate, limited access point onto CR 64,
f° t including drainage and signage installations. This access point shall be located approximately
o Gig" 1400 feet east of the intersection of CR 27 with CR 64. This limited access point, must have a
'LLv= double cattle guard set (one right next to the other) installed as a sediment control device to
wa 2* minimize mud tracking onto CR 64. This access point to CR 64 may also be used intermittently
Y for short-term hauling of overburden to portions of Property Owner's existing mining and
m�
�s -p processing area on the south side of CR 64. Prior to the start of any hauling utilizing the CR 64
v c p access, Property Owner shall notify County in writing of the intent, extent, and timing of such
to maw Page 2 of 23
ti�r M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special ReviewWmUSR-
m m m 897-Aggregate Industries-Riverview Pit\Improvements Agreement\Agg.Industries Riverview Resource(2ndAmUSR-897)Part I-DIA(I I-
"1amw= 18-13)FIA(12-19-13).docx
hauling. Additional improvements to the CR 64 access may be required if the proposed hauling
is not reasonably determined to be limited in amount and extent by Public Works.
3.0 A second temporary access will be located along 71st Avenue, (County Road 29)
to provide temporary access for mining equipment set up internal to the site or as temporary
access for equipment and employee excavation activities. This access is not intended to be an
access point for hauling except for limited import of inert backfill material. In the event that
Property Owner intends to use the CR 29 / 71st Avenue access point for any other purpose,
Property Owner must notify County in writing of the intent, extent, and timing of such
activities. The City of Greeley shall also be notified. Additional improvements to the CR 29 /
71st Avenue access may be required if the proposed activities are not reasonably determined to
be limited in amount and extent by Public Works. The trigger for improvements to CR 29 /
71s1 Avenue shall be issuance of a County grading permit for the 715' Avenue mining area
(parcels # 080533200009 and 080533200013) at the commencement of mining or site clearing
activities on those parcels. County acknowledges that installation of a double cattle guard set
(one right next to the other) to minimize the tracking of mud onto CR 29 / 71st Avenue shall be
acceptable as a sediment control device if County subsequently determines that such an
improvement is reasonably determined by the County to be necessary. . Granting of any new
point of access may generate additional obligations with the County, and Colorado Department
of Transportation ("CDOT") for Off-Site Improvements and the need to post additional "Road
Maintenance Collateral".
4.0 If both or either of the limited access point improvements described above are
reasonably determined to be inadequate or if safety issues arise, the access points will be
required to be further improved to include:
4.1 asphalt paving a minimum of(300 x 24) feet into the site from County
Road 64/O Street or
4.2 asphalt paving a minimum of (100 x 24) feet into the site from County
Road 64/O Street and construction of a double cattle guard set (one right
next to the other) in the exit side of the driveway, to ensure a complete
revolution of the truck tires to remove mud as they pass over the cattle
• guards.
5.0 Road Improvements Responsibilities: Property Owner is solely responsible for
P D P ''h' P
g y all designated improvements, as specified above in Section A.1.0, on CR 29 (7151 Avenue) and
CR 64 (O Street) and for any additional construction improvements that may reasonably be
required by the County, under the provisions of Section A.2.0-A.4.1, and for all expenses
a9 directly associated with such improvements. These responsibilities include, but are not limited
3a to the following: design, surveys, utility locates, present and future right-of-way clearances and
omg . Y > g Y
f° We
"c± permits; coordination with oil and gas operators and facilities, and affected irrigation facilities;
,2,6%of traffic control; and project safety during construction. Property Owner shall obey all applicable
'^tep regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"),
va�'� Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other
m mY S Federal, State or County regulatory agencies.
amm-
+U-t
m a
<oa
tom" Page 3 of 23
ago ni_ M:\PLANNING-DEVELOPMENT REVIEW\-Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-
mm a� 897-Aggregate Industries-Riverview Pit Improvements AgreementWgg.Industries Riverview Resource(2ndAmUSR-897)Part 1-DIA(1I-
mm— 18-13)FIA(12-19-13).docx
Rein
6.0 Engineering Design and Construction Plans: For Off-Site Improvements as set-
forth in Section A 1-5 above, all engineering designs and construction plans must be provided
by Property Owner. In addition a geotechnical asphalt pavement design to accommodate heavy
traffic, prepared by a Professional Engineer licensed to practice in Colorado, is required for CR
64. These Plans, when reviewed and accepted by the Weld County Engineer, shall be a part of
the Plans, which are a part of this Agreement. All plans showing work within the County right-
of-way shall be reviewed and accepted by County, prior to the start of construction. For all
construction in the County right-of-way, prior to the issuance of any access permit or right-of-
way permit, a construction schedule giving times and locations of all proposed improvements
shall be provided to Public Works for review and acceptance, which shall not be unreasonably
withheld, delayed or conditioned.
7.0 Construction Standards: All construction and materials controls for a project and
any designated improvements shall conform to the requirements in effect at the time of the
completion of the improvements set forth in the "Standard Specifications for Road and Bridge
Construction" provided by CDOT.
8.0 Traffic Control: Prior to any construction in the County Right-Of-Way and as a
condition of issuance of any access permit or Right-Of-Way permit, the applicant 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".
9.0 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 reasonably 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 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 Property Owner's
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
jo be determined by traffic counts conducted by the County on the primary and requested alternate
g 3 or revised haul routes. The County will have sole responsibility for determination of the
percentage of haul route traffic on all affected roads, and such determination shall be binding
absent manifest error.
V 7
a v4 10.0 Future Improvements: Future improvements to the haul route(s) may be required
t9sZ by County. Property Owner shall address all County access issues associated with afore-
, d8 mentioned haul route. Future County mandated measures may include improvements to any
°LL 16 S haul route intersection or roadways then utilized by Property Owner. Property Owner shall pay
t°rclr•& a proportionate share of the cost of the entire project including engineering designs and
"E2:11—. construction plans based on Property Owner's share of ESAL Counts using then current data on
maa—�
am mM the haul route in the implementation of the above-mentioned improvements. County personnel
;,m alone shall make all determinations regarding the gathering of and use of traffic data when
easa
o making decisions regarding cost sharing and such determinations shall be binding absent
a�
rrv`o`ti Page4
of23
- M.\PLANNING—DEVELOPMENT REVIEW—Pre-Accela Referrals
(Old Numbering)\USR-Useby Special ReviewW
O mUSR-
> 897-Aggregate Industries-Riverview Pit\Improvements Agreement\Agg.Industries Riverview Resource(2ndAmUSR-897)Part I-DIA(I l-
18-13)FIA(12-19-I3).docx
manifest error. In order to accurately determine percentage of Property Owner haul traffic, the
P g
County reserves the right to install traffic counters on the driveway(s) of Property Owner's
facility.
Future CDOT or County mandated measures may include improvements to the
following intersections: CR 27 (83rd Avenue) and State Highway 34, CR 27 (83rd Avenue)
and CR 64 ("O" Street), CR 31 (59th Avenue) and CR 64 ("O" Street), and CR 29 (71st
Avenue) and CR 64 ("O" Street). Property Owner shall pay a proportionate cost share of
these intersection improvements based on the number of haul trips using the haul route.
Improvements to the intersection of CR 29 (71st Avenue) and CR 64 ("O" Street) shall not
be required until triggered by application for a grading permit for the 71st Avenue mining
area (parcels # 080533200009 and 080533200013). County personnel alone shall make
all determinations regarding the gathering of and use of traffic data when making decisions
regarding cost sharing and such determinations shall be binding absent manifest error. Future
improvements will be subject to any Federal, State or County regulations in place at the time
the improvement project is initiated.
11.0 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 offsite improvements set forth in Sections
A 1.0 through A.4.0 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 collateral will be posted and all on-site and offsite improvements shall commence and
shall be completed within the parameters established in Section A.6.0 and General Requirement
Section E.-7.2 and Exhibit B, herein.
12.0 Acceptance of Off-Site Improvements: Upon completion of the off-site
improvements, Property Owner shall contact a representative of Public Works and request an
inspection of the off-site improvements described in sections A.1.0-4.0 above. The County's
representatives may then initiate the acceptance process set forth in Sections E.6.0, sections 6.1-
6.3.
a
12.1 All references in this Agreement to "Acceptance of Improvements" shall
x 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
y purposes of future maintenance, nor does the County accept any present
or future responsibilities or obligations relative to these improvements.
v
m .ai
cr)4
v•as B. Haul Routes:
reoc- 1.0 Established Haul Routes:
The primary haul route from the Property Owner pit shall be Weld County Road 27 (83rd
daA'
am, Avenue) between "O" Street/CR 64 and State Highway 34. Property Owner commits that 85
a percent of heavy haul trucks will enter and exit its site using the primary haul route.
c Tim
mr.
� £`ti
Om mag Page 5 of 23
M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-
emm Ill 897-Aggregate Industries-Riverview Pit\Improvements Agreement\Agg.Industries Riverview Resource(2ndAmUSR-897)Part I-DIA(11-
18-13)FIA(12-19-13)docx
Local deliveries dispersing north, west, or east of the Property Owner pit on CR 27 or CR 64-1/
2, and O Street, respectively, shall not exceed 15 percent of total hauling from the pit. Changes
in the percentage of local hauling shall be governed by Section B.3.0 and B.4.0 below.
In unusual or rare occasions, if particular projects mandate deviation from the above-mentioned
haul route for a limited period of time, and if County approves such deviation, trucks will utilize
paved county roads whenever possible. Any County roads routinely utilized by 2ndAmUSR-
897 haul traffic may become part of the established haul routes. All haul trucks shall not exceed
CDOT required specifications for pounds per axle.
2.0 Haul Route Sienaee: 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 B.1.0, 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 haul
route 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
reasonably 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 haul 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 and such determinations shall be binding, absent manifest error.
C. Road Maintenance Requirements:
1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be
c financially responsible for the excavation, repair, and patching of any damage on current or
future haul route roads, which in the sole opinion of County has been created by hauling to and
8 2 from the Property. Should Property Owner's site activities and/or should Property Owner's haul
route circulation patterns change in the future so that County approves an alternate haul route,
and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above-
described haul route and instead utilizes other portions of County roads, Property Owner shall
man cooperate with County in maintenance of said roads which are included within the new haul
mkt" route. The type and method of repair will be determined by the County Engineer or his
c va representative. Repairs shall commence within 48 hours of Property Owner's receipt of written
o 2= notification by the County for any roadway damage that exposes the driving public to adverse or
NEa unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of
ma'°-= Weld County's written notice.
m^miti
aav—
oU�
pc
c.` Page 6 of 23
roc.o ti M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-
"'W£ — 897-Aggregate Industries-Riverview PitUmprovements Agreement\Agg.Industries Riverview Resource(2ndAmUSR-897)Part I-DIA(I I-
>> I8-13)FIA(12-19-13)-docx
Ocq
Rm�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 in the
following calendar year. 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, or in conjunction with other Property Owners as
set forth in Section C.4.0 share 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. Property Owner's
payment of its proportional share of the road repairs/improvements will
be calculated as determined in Sections A.9.0 or A.10.0 of this
Agreement, and in a manner consistent with Section C.3.0 of this
Agreement.
1.3 In County's sole discretion, County may undertake the repairs and/or
3 improvements. Property Owner's payment for its Proportionate Share of
the road repairs/improvements will be calculated as determined in
ms
00co
3 Sections A.9.0 or A.10.0 of this Agreement, and in a manner consistent
"! with Section C.3.0 of this Agreement.
OY°
mo p 2.0 Annual Road Inspection: County will conduct a road inspection annually with
iot9* the cooperation of Property Owner and all other property owners and/or
a
ramt2 lessees who are required by County to participate in road improvement/
maintenance agreements. As a result of the annual inspection, County,
mU a_ in its sole discretion, shall determine actual conditions and shall further
cr
to p m Page 7 of 23
.N c�~ M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-
t9 m 00C 897-Aggregate Industries-Riverview Pit\Improvements Agreement\Agg.Industries Riverview Resource(2ndAmUSR-897)Part I-DIA(I I-
18-13)FIA(12-19-13)-docz
'l thin
determine what road repair/improvement/maintenance work is to be
performed during that construction season. Notification to Property
Owner of the required roadway repairs will be given as soon as the data
becomes available and in accordance with the provisions set forth in
Section C.I.
3.0 Future Road Replacement: At any time in the future, if, in the reasonable
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 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 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 above.
4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is
anticipated that Property Owner and other property owners 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 other property owners and/or lessees shall be conducted pursuant to separate
agreements between the Property Owner and other property owners and/or lessees. County shall
approve such 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 2nd AmUSR-897, and County may 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 2nd AmUSR-897 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 2ndAmUSR-897
gal but Property Owner shall complete and/or maintain all On-Site Improvements as shown on the
,;Y accepted Construction Plans and Plat Map for 2ndAmUSR-897.)
1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or
0 e maintain the landscaping and re-seeding of the property where applicable as shown on the
a_1 accepted Construction Plans and 2nd AmUSR-897 plat map. Specifically, Property Owner shall
ova
at its own expense, plant, install and/or maintain all grass and other landscaping and re-seeding
:51." where applicable as shown on the accepted Construction Plans and 2nd AmUSR-897 plat map.
• Additionally, Property Owner shall install and/or maintain fencing to screen the property where
ma 0;-:! applicable as indicated on the accepted construction plans and 2nd AmUSR-897 plat map. If
m v any of these improvements include work extending into State or County Right-Of-Way, then a
o" right-of-way or access agreement may be required.
a
ml Page 8 of 23
roo
,,ry o � M:\PLANNING-DEVELOPMENT REVIEW\-Pre-Accela Referrals(Old Numbering)\USR-Use by Special ReviewWmUSR-
897-Aggregate Industries-Riverview Pit\Improvements Agreement\Agg.Industries Riverview Resource(2ndAmUSR-897)Part 1-DIA(I I-
a c>0 18-13)FIA(I2-19-I3).docx
mam—
e oN
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 Public Works and the Weld
County Department of Planning Services, as further described in the accepted Construction
Plans and 2nd AmUSR-897 Plat Map. Refer to Section A.4.0 of this Agreement for specific
paving related requirements for accesses extending into the facility site from CR's 64 and 29.
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 onsite
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 County Right-Of-Way in which case a right-of-way or access agreement may be
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 on-site improvements set forth in Section
D.2.0 until the occurrence of the triggering event for all improvements, namely the earliest of
the following events: (1) Property Owner's submission and County's approval of an application
for a Grading Permit; (2) Property Owner's submission of an application for a Building Permit;
(3) Property Owner's submission of an application for a Right-Of-Way Permit for construction
of accesses and work within the County and/or State of Colorado Right-Of-Way; (4) Property
Owner's submission of and County's approval of a set of plans for on-site and/or off-site
improvements as set forth in Sections A.1.0-A.4.0 and D.2.0-4; (5) A time determined
acceptable by the Board of County Commissioners; or (6) approval of an amendment to the
existing USR. Except with prior County consent, no grading permit will be released until the
final Construction Plans have been submitted to and accepted by 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 Department and Public
Works. At that time, and unless otherwise amended, Property Owner agrees that 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 2ndAmUSR-
897, and/or set forth within the context of this Agreement may, at County's option, result in the
g a.. revocation of said land use permit.
4.0 Acceptance of On-Site Improvements: Upon completion of the on-site
at improvements, Property Owner shall contact the Weld County Department of Planning Services
Gma, and Weld County Department of Public Works and request an inspection of the on-site
- improvements described in Section D.2.0 above. County's representatives may then initiate the
ovate
process for "Acceptance of Improvements" set forth in Section E.6.0, sections 6.1-6.3. The
NLL o
BOCC does not represent or ensure the on-site improvements will be constructed and/or
dr available for their intended use(s).
III
to t
dma-�
NU -
i
cr
in;m Page 9 of 23
NN£.ti M'.\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-
Cc'y 897-Aggregate Industries-Riverview Pit\Improvements Agreement\Agg.Industries Riverview Resource(2ndAmUSR-897)Part I-DIA(I I-
��m= 18-13)FIA(12-19-13).docx
End of Part I
Pa 30
4010176
01181 2014 01:03 9PM R Feees: 12 f$0.00
Steve Moreno, Clerk and Recorder, Weld County: CO
111110.1101,011111140,11A &IL
Page 1I III
Page 10 of 23
M\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-
897-Aggregate Industries-Riverview Pit\Improvements Agreement\Agg.Industries Riverview Resource(2ndAmUSR-897)Part 1-DIA(I I-
18-13)FIA(12-19-13).docz
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Aggregate Industries-WCR,Inc. "Riverview Resource"—2nd AmUSR-897
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 2nd AmUSR-897 Plat Map, be
solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this
agreement, which are attached hereto and/or incorporated herein by reference, with the
improvements interior to the Property being completed by the dates set forth on Exhibit"B"(On-
site), and improvements to public rights-of-way or easements being completed also in
accordance with the schedule set forth in Exhibit "B" (Off-site). The Board of County
Commissioners, at its option, may grant an extension of the time of completion set forth in
Exhibit B stated herein upon application by the Property Owner.
9 of 22
M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\Improvements Agreement\Agg Ind.Riverview Resource(2nd AmUSR-897)Part 2-FIA 2013 (1I-18-13).docx
4010176 Pages: 13 of 30
04/18/2014 01:03 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder.. Weld County, CO
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
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).
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
available for their intended use(s).
10 of 22
M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\Improvements Agreement\Agg Ind.Riverview Resource(2nd AinUSR-897)Part 2-FIA 2013 (1 I-I8-I3).docx
4010176 Pages: 14 of 30
04/18/2014 01:03 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder. Weld County; CO
VIII M!�1R�IIP i1h?IVr� McYtY�idlderIY11' ,K?itilivii 1I III
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 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.12.0, 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
for the improvements, and further that the two-year warranty period begin.
Upon completion of the two-year warranty period, the County Engineer
and/or the Weld County Department of Planning Services shall, upon
request of the Property Owner, inspect the subject improvements, and
notify the Property Owner of any deficiencies. If any deficiencies are
discovered, the Property Owner shall correct the deficiencies. The County
Engineer and /or the Department of Planning Services shall reinspect the
improvements after notification from the Property Owner that said
Il of 22
M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\Improvements AgreementWgg Ind.Riverview Resource(2nd AmUSR-897)Part 2-FIA 2013 (11-18-13).docx
4010176 Pages: 15 of 30
04/18/2014 01:03 PM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
MKS
deficiencies have been corrected. If the County Engineer and/or
Department of Planning Services fmd that the improvements are
constructed according to County standards, he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer and/or the Department of
Planning Services for acceptance of improvements within the USR, the
Board of County Commissioners shall fully accept said improvements.
7.0 General Requirements for Collateral: (Currently no on-site collateral for 2nd AmUSR-
897 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 2nd
AmUSR-897 required at this time. Possible future on-site collateral may
be required by County, should the Property Owner revise conditions of
operation in the future. (2) Warranty Collateral required for all
improvements during the warranty phase; and (3) Road Maintenance
Collateral (If Applicable) to be kept in place for the life of the permit.
7.2 Project Collateral submitted to Weld County to guarantee completion of
the improvements indentified on the accepted Construction Plans and
USR13-0014 Plat Map and further enumerated in the costs listed in
Exhibit "A," must be equivalent to One-Hundred Percent (100%) of the
value of the improvements as shown in this Agreement This collateral
must be submitted to County upon the 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
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.
7.5 Road Maintenance Collateral shall be submitted to County upon the
release of the warranty collateral by the Board of County Commissioners
or at the time of approval of this Agreement, if no Project Collateral was
12 of 22
M:\PLANNING-DEVELOPMENT REVLE W\-Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\bnprovements Agreement\Agg Ind.Riverview Resource(2nd AmUSR-897)Part 2-PIA 2013 (I 1-18-13).docx
4010176 Pages: 16 of 30
04/18/2014 01:03 PM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
VIII PiIrjtttR fill «lehiLl PIt IJ+tC(,10 1I III
initially submitted. Road Maintenance Collateral is held for use on roads
associated with the designated haul route.
If no Project Collateral was initially submitted, Road Maintenance
Collateral shall be submitted at the time of approval for this Agreement or
at such time that approved 2nd AmUSR-897 activities are initiated. The
submitted amount shall be $3,600.00 for facilities adjacent to paved haul
route roads or $2,400.00 for facilities adjacent to gravel haul route roads,
and the amounts will be listed on Exhibit"A"- Cost Sheet(OFF-SITE).
Road Maintenance Collateral shall be held by County as long as this
Agreement is in effect and returned to Property Owner upon vacation of
associated land use agreement or permit. The Road Maintenance
Collateral will only be accessed by County, if following notification to
Property Owner of required roadway safety related repairs, Property
Owner fails to perform said repairs within the time allowed in County's
notification. If any of this collateral shall be collected by County, Property
Owner shall replace the amount,plus interest, within six(6)months.
7.5.1 Road Maintenance Collateral Option(For Materials Haulers):
In lieu of cash collateral, Property Owner may submit funds
quarterly to Weld County, at a rate of ten (10) cents per ton, based
on the amount of processed material leaving the site. These 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
Exhibit "A" (OFF-SITE) — Dust Control, of this agreement. These
g
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
specified in Section A.9.0 of this agreement. Following completion
of all construction phases, and/or upon vacation of this USR, and
following determination by Public Works staff that no immediate
13 of 22
M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\Improvements Agreement\Agg Ind.Riverview Resource(2nd AmUSR-897)Part 2-FIA 2013 (11-18-13).docz
4010176 Pages: 17 of 30
04/18/2014 01:03 PM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
VIIIvr1RlailleffiliNNIlkMGhL4GIiin i, IIIII
repairs are required for the Haul Route, any remaining Dust
Control collateral will be returned to the USR Permittee.
7.6 Acceptable Project Collateral shall be submitted 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 Property Owner's
operations pursuant to 2nd AmUSR-897 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 surety bond given by a corporate surety
authorized to do business in the State of Colorado in an amount equivalent
to one hundred percent (100%) of the value of the improvements set forth
in the Improvements Agreement and the Plat. The surety bond shall
conform to and be subject to the requirements of Weld County Code
Section 2-3-30 B.4. The Property Owner shall utilize only a County
approved form when obtaining a surety bond: (PERFORMANCE BOND
FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
14 of 22
M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\Improvements Agreement\Agg Ind.Riverview Resource(2nd AmUSR-897)Part 2-FIA 2013 (11-1 S-13).docx
4010176 Pages: 18 of 30
04/18/2014 01:03 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III M��1l.��M/J VI+ YiI'ii 4�rt�M�R L iII1!II , UI III
COLORADO). A copy of said form shall be provided to Property Owner
upon request.
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
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.
7.10 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.
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 2nd AmUSR-897 Accepted
15 of 22
M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\Improvements Agreement\Agg Ind.Riverview Resource(2nd AmUSR-897)Part 2-FIA 2013 (I I-18-13).docx
4010176 Pages: 19 of 30
04/18/2014 01 :03 PM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
liiiP11V11 FIJ Yid BIM
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.
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
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.
16 of 22
M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\Improvements Agreement'Agg Ind.Riverview Resource(2nd AmUSR-897)Part 2-FIA 2013 (I I-18-13).docx
4010176 Pages: 20 of 30
04/18/2014 01 :03 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
VIII M��11t'L4N 11hHLjN�J�l4��kJE;il�j'IM4M EI MC iI III
8.10 For all off-site improvements (including improvements to public rights-of-
way or easements), the written request for release of "Warranty
Collateral" shall be accompanied by "Road Maintenance Collateral" (If
Applicable) as specified in Section E.7.5 of this Agreement. "Road
Maintenance Collateral" for roads associated with the designated haul
route shall be maintained as long as the USR is active.
9.0 Successors and Assigns: This Agreement may not be delegated, transferred or
assigned in whole or in part by Property Owner without the express written consent of County
and the written agreement of the party to whom the obligations under this Agreement are
assigned. Property Owner's release of its obligations shall be accomplished by County's
execution of a new Improvements Agreement with the successor owner of the property. (See
paragraphs F. 1.2 and 2.2 below) Consent to a delegation or an assignment will not be
unreasonably withheld by County. In the event of sale of the Property, County may agree to
release Property Owner in whole or in part from obligations under this Agreement. County's
rights and obligations under this Agreement shall automatically be delegated, transferred or
assigned to any municipality which, by and through annexation proceedings, has assumed
jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the
terms and conditions set forth in this Agreement shall be binding upon the heirs, executors,
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 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 there has been a violation of the terms of this
Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of
this Agreement. Violations of the terms of this Agreement include violations of the agreements
contemplated by Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such
Agreements in a timely manner.
F. Termination of Agreement:
1.0 Termination Event: This Agreement shall terminate upon the earliest of the
gr P
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 2nd
AmUSR-897 or any amendments thereto. A partial cessation of activities shall not
17 of 22
M:\PLANNING-DEVELOPMENT REVIEW\-Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\Improvements Agreement\Agg Ind.Riverview Resource(2nd AmUSR-897)Part 2-FIA 2013 (11-18-13).docx
4010176 Pages: 21 of 30
04/18/2014 01:03 PM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
MIIIf01l1RI'.I tl!Wl:Pi1rItild, 11111
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 — 2nd AmUSR-897 by New Property
Owner: This Agreement shall terminate following County's execution of a new
Improvements Agreement According to Policy Regarding Collateral for Improvements —
2nd AmUSR-897 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 — 2nd AmUSR-897 by New Operator:
This Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — 2nd AmUSR-
897 with a new operator who has assumed the operation of the business on the Property
which business activities are permitted by the then existing USR.
2.0 Termination Procedures.
2.1 Termination Procedures Following Cessation of Permit Related Activities:
Following the events outlined in paragraph 1.1 above, County shall conduct its annual
road inspection. Said road inspection shall be conducted on or before May 31 following
the announcement or determination of the cessation of permit related activities on the
Property. The results of the inspection shall be delivered in writing to the Property Owner
and Operator. If the County determines that pursuant to the terms of this Agreement, the
Operator must complete any of the improvements and/or road maintenance obligations
outlined herein, said obligations must be completed within a reasonable period of time
thereafter, but in no event later than six (6) months following the determination that
permit related activities have ceased. Collateral shall not be released by County until such
time as county determines that all of the improvements have been completed.
2.2 Termination Procedures Pursuant to Transfer of Ownership of the
Property or Transfer of Operations: If the Property Owner or Operator desires to assign
its rights and obligations under this Agreement to a successor Property Owner or
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
18 of 22
M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\Improvements Agreement\Agg Ind.Riverview Resource(2nd AmUSR-897)Part 2-FIA 2013 (11-18-13).docx
4010176 Pages: 22 of 30
04/18/2014 01:03 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
1111M� RAI R�m� +�x,;��, r� �h�lbPl Y, �,r 11111
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 — 2nd AmUSR-897 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—2nd AmUSR-897 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 — 2nd AmUSR-897 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 2nd AmUSR-897.
5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that
activities related to 2nd AmUSR-897 cease as a result of the revocation of the permit as
described in Section E.11.0 of this Agreement, neither Property Owner nor Operator will be
released from any of the obligations imposed by the terms of this Agreement only after Property
Owner's successful completion of all improvements required under this Agreement or after
County accesses the collateral to the extent necessary to complete improvements County, in its
sole discretion,deems necessary to preserve public interests.
G. Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
H. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms
of this Agreement, County shall notify property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which the County believes
19 of 22
M:\PLANNING—DEVELOPMENT REVIEW\-Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\improvements Agreement\Agg Ind.Riverview Resource(2nd AmUSR-897)Part 2-FIA 2013 (I I-18-13).docx
4010176 Pages: 23 of 30
04/18/2014 01:03 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
tWNII4! W'R'tlikh 11111
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.
20 of 22
M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\Improvements Agreement\Agg Ind.Riverview Resource(2nd AmUSR-897)Part 2-FIA 2013 (I1-18-13).docx
4010176 2014 01:03 9es: Z4 of 30
PM R
0418Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
VIII Mlr r!'t'Q!4 MlN,ILlhk9ti'PM! WNW, II III
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY
OWNERS:
SIGNATURE
PRINTED NAME (49/j-nJ e/- i A)
TITLE(If Applicable) (y C.O Ete- IG 06-7C
TERRI L. CHASTAIN
STATE OF COLORADO ) STATE OF COLORADO
NOTARY PUBLIC
/+�+ ) ss. Comm.No. 20034021077
County of Weld Je'r7-er ) My Commission Expires June25,2015
2-01tf The foregoing instrument was acknowledged before me this ,78 day of fa4 .
.201-3;by John Con Gig , to ierat Mir. of /'regae /ptdusi✓ies --IL'Ct, Ii‘c.
WITNESS my hand and official seal. ��11�> " " " 2
e��w CA-41ad-lPc ,
Notary Public
My commission Expires: /07--`51%5
SIGNATURE
PRINTED NAME
TITLE(If Applicable)
STATE OF COLORADO )
) ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of
2013, by
WITNESS my hand and official seal.
Notary Public
My conunission Expires:
21 of22
M:\PLANNING—DEVELOPMENT REVWW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\Improvements Agreement\Agg Ind.Riverview Resource(2nd AmUSR-897)Part 2-FIA 2013 (I I-18-13).docx
4010176 Pages: 25 of 30
04/18/2014 01:03 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County., CO
VIII M��1NJ�,Pri�hMlP�hJ� rM,tY L4�4µ �'k14Y4rh �I III
LESSEE:
SIGNATURE
PRINTED NAME
TITLE
STATE OF COLORADO )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of ,
2013, by
WITNESS my hand and official seal.
Notary Public
My commission Expires:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: n I /
nu ry L: r 3i ysn, il�Y
/ Chair
APR 0 2 2014
Weld Count 'Clerk to the Board4O
BY:
Deputy Cler o the Board
APPROVED AS TO FORM:
ounty Attorney
22 of 22
M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate
Industries-Riverview Pit\Improvements Agreement\Agg Ind.Riverview Resource(2nd AmUSR-897)Part 2-FIA 2013 (I 1-18-13).docx
4010176 Pages: 26 of 30
04/18/2014 01:03 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder. Weld County, CO
����t+��1L'S4M+i�WltlW+ liC+1 'O ligIA,Pt+}1.h11111
„,,90/1/--/e 94.
EXHIBIT A - Cost Sheet (OFF-SITE)
Name of Facility: Riverview Resource Filing/Case#: AmUSR-897 Location: 30716 WCR 27
Personnel Contact: Name Connie N. Davis Title: Land Advisor Phone: 970-396-5252
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements (OFF--SITE)
(Leave spaces blank where they do not apply)
uantit Units Unit Costs 1$) Estimated Construction
Cost al
IPUBLIC 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) 1 ea. $3,600.00 $3,600.00
Dust Control(per Sec. E.-7.5.2)
Fire Hydrants
Survey,Street Monuments/Boxes
,PLANNING SERVICES j
Parking Area,Curb Stops,Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping,Seeding,Trees,etc.
Park Improvements
Handicap Accessibility,Parking& Rails 4010176 Pages: 27 of 30
04/18/2014 01:03 PM R Fee:$0
Septic Systems iTt
ve reno. Clerk and RecorerWeleld County, CO
f�tt��,rrit�rr���, i iw
SUB-TOTAL: I
('testin ,inspection,as-builtplans and work in addition to preliminary and
g P
Engineering and Supervision Costs($) final plat;supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS,ENGINEERING AND SUPERVISION ($) 3,600.00
EXHIBIT A - Cost Sheet (OFF-SITE) - Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
Aggregate Industries-WCR, Inc.
By: Lei "9 atith
Applicant
Land Advisor Date �tei 2S , 20/r
Title
By:
Applicant
Date , 20
Title
4010176 Pages: 28 of 30
04/18/2014 01:03 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
ill FAIN f,I 01101,1'0li'ilikKidiral:if J411111
EXHIBIT B-Time Schedule(ON-SITE)& (OFF-SITE)
Name of Subdivision,PUD,USR,RE,SPR: Riverview Resource Filing/Case#: AmUSR-8971 ovation: 30716 WCR 27
intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do not apply)
O( yz.EL EI (OFF- HEI
1PUBLIC WORKS j
Site Grading
Street Grading
Street Base,Gravel for Parking
Street Paving
Pavement Marking
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access
Erosion Control Measures/BMP's
Fire Hydrants
Survey,Street Monuments/Boxes
jPLANNING SERVICES j
Parking Area,Curb Stops,Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping,Seeding,Trees,etc.
Park Improvements
Handicap Accessibility,Parking&Rails
Septic Systems
Final Completion Date for Entire Project December 31, 2017
4010176 Pages: 29 of 30
04/18/2014 01:03 Pl1 R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
lIII NI10, h?WIN !I UN Mi. 11001
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.
Aggregate Industries-WCR,Inc.
By: L 0
Connie N. Davis
Applicant
Land Advisor Date art-ud act , 20/y
Title
By:
Applicant
Date ,20
Title
4010176 Pages: 30 of 30
04/18/2014 01:03 PM R Fe :$0.00
VIII IKir.rt4'e IQ Clerk and N,tilhhilAiri�W��l Ne�hlilr5�:'il'l,% It III
O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx
MEMORANDUM
TO: Clerk to the Board
x$61
DATE: 3/28/2014
FROM: Richard Hastings, Public Works Department
I� COUNTY ,
SUBJECT: BOCC Agenda Item -Approve Improvements
Agreement and Accept Collateral For:
Aggregate Industries-WCR, Inc.-"Riverview
Resource" (2"d AmUSR-897)
Request for Approval of Improvements Agreement:
The Department of Public Works received a request from the applicant, Connie Davis/Aggregate
Industries-WCR, Inc., requesting that the Board of County Commissioners consider approving the
Improvements Agreement for the Mineral Resource Development Facility, including open pit
gravel mining and materials processing including concrete and asphalt recycling, and a concrete
and asphalt batch plant facility, (2nd AmUSR-897), located at CR's 27 & 64 northwest of the city
of Greeley.
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, Connie Davis/Aggregate
Industries-WCR, Inc., requesting that the Board of County Commissioners consider accepting off-
site collateral in the form of an Aggregate Industries Mgmt Inc., Company Check (#4000055707)
- HSBC Bank USA in the amount of $3,600.00, 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 off-site collateral, in the amount of$3,600.00 for Aggregate Industries-WCR, Inc.-
"Riverview Resource" (2nd AmUSR-897)
pc: Don Carroll,Public Works
Kim Ogle,Planning Services pa/4/_/6
M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Acccla Referrals(Old Numbering)\USR-Use by Special Review\AmUSR-897-Aggregate V(.0
Industries-Riverview Pit\Improvements Agreement\Approve IA&Accept Collateral(2ndAmUSR-897)-MEMO.docx
March 17, 2014
AGGREGATE
INDUSTRIES
Mr. Richard Hastings
Weld County Public Works
1111 H Street, P.O. Box 758
Greeley, CO 80632
Re: Second Amended Use by Special Review AmUSR-897—Riverview Resource
Road Improvements Agreement
Dear Rich:
As required under the above-referenced USR, enclosed is the Improvements Agreement
According to Policy Regarding Collateral for Improvements, executed by Aggregate Industries.
Also enclosed is Aggregate Industries' Check No. 4000055707 in the amount of$3,600.00 for
Road Maintenance Collateral in accordance with Section E.7.5 of said Agreement. Please
proceed with the necessary measures to bring this agreement and the collateral before the Board
of County Commissioners for their approval and acceptance. Upon approval, please provide me
with a fully executed copy of the agreement.
Thank you for all of your efforts and cooperation in putting this agreement together.
Very truly yours,
dynnse; 27'
Connie N. Davis
Land Advisor
Enclosures
Aggregate Industires
West Central Region,Inc.
1687 Cole Boulevard,Suite 300
Golden,CO 80401
An Equal Opportunity Employer
Telephone:303-985-1070
IMMMIA
Page: 1 of 1
AGGREGATE
INDUSTRIES
Vendor No.: 5011336 Payment No.: 2000162277 Payment Date 03-07-2014 Check No. 4000055707
Invoice Number Invoice Date P4 Number invoke Amount Discount Net Amount
03032014WEL 03/03/2014 3,600.00 0.00 3,600.00
Check Total $ 3,600.00
Send All Inquiries to Attention: Accounts Payable Aggregate Industries Mgmt Inc., 24 CROSBY DRIVE, BEDFORD, MA, 01730, USA Telephone:
THIS DOCUMENT CONTAINS A WATE MA'K N IS INTED ON CHEMICALLY THEMES A ER/CE DOCUMENT CONTIFNf UN FILIGHANE El ESI If.9PHIMf SUH UN VgvltN A HFPUION CHIMIOUt
Aggreget24ICRD,MA DRI 7 0mt Inc. EMIR BANK USA CHECK x 4000055707
BEDFORD, MA, 01]30 NEW YORK 10018, NY, USA
AGGREGATE DATE 03-07-2014
INDUSTRIES MM DD YYyY
THREE THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS $ *******3,6OO.OO
PAY TO THE ORDER OF:
WELD COUNTY PLANNING DEPARTMENT i-yf-1
1555 N 17TH AVENUE
GREELEY CO 8O631
Hello