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Home My WebLink About20143913.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR13-0069-ULRICH FARMS, 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 March 19, 2014, the Weld County Board of Commissioners approved Use by Special Review Permit, USR13-0069, for Ulrich Farms, Inc., 14605 CR 21, Platteville, CO 80651, for a Mineral Resource Development Facility, including Oil and Gas Support and Service (two water depots) in the A (Agricultural) Zone District, on the following described real estate, to-wit: Lot A of Recorded Exemption, RECX13-0120, being part of the NE1/4 of Section 22, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Ulrich Farms, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Company Check #3325, from Ulrich Farm, Inc., 14605 CR 21, Platteville, CO 80651, in the amount of $3,600.00, drawn on Stockmen's Bank, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Company Check as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Ulrich Farms, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED that Company Check #3325, from Ulrich Farm, Inc., 14605 CR 21, Platteville, CO 80651, in the amount of $3,600.00, drawn on Stockmen's Bank, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. tC : l�C�l J( .Nusteriss,4. RAAFord) Beet. 4075886 Pages: 1 of 29 01/15/2015 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2014-3913 VIII MIF1 TitillA(I + rHIUth'rIIIIII RINikiWi, 11111 PL2264 IMPROVEMENTS AGREEMENT- ULRICH FARMS, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of December, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: CC�� fC�1 �,,,,,// t �c1� �c�,A-01-ei`"/ W SC ti Ak, ouglas Rademacher, Chair Weld County Clerk to the Board El(, arbara Kirkmey r, Pro-Te BY: �� De' 3 Clerk to th Bo f' �: ,, �, — � can P. Conway v APPROVE AS TO FOR . ti, * J ¢� - �/�y� = � I� Mike Freem County Attorney i William . Garcia Date of signature: i'to-/5"' 4075886 Pages: 2 of 29 01/15/2015 10:47 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO ��DA VI 4 �f{�kJ Uil R 1;141411001 2014-3913 PL2264 MEMORANDUM TO: Clerk to the Board X861 5 ((_ DATE: 12/10/2014 FROM: Richard Hastings, Public Works Department COUNTY ' SUBJECT: BOCC Agenda Item- Approve Improvements Agreement and Accept Collateral For: Ulrich Farms, Inc. —(USR13-0069) Request for Approval of Improvements Agreement: The Department of Public Works received a request from the applicant's representative, Tim Naylor/AGPROfessionals, 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 (two water depots), (USR13-0069), located at CR's 21 & SH 66, west of the town of Platteville. Weld County Public Works Department reviewed the above-mentioned signed original document and observed the following: • All Public Works related items, of the "Improvements &Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. Request for Acceptance of Collateral: The Department of Public Works received a request from the applicant's representative, Tim Naylor/AGPROfessionals, requesting that the Board of County Commissioners consider accepting off-site collateral in the form of a Company Check — Ulrich Farm Inc., (Stockmens Bank) 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 & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements and the acceptance of off-site collateral, in an amount of$3,600.00, Ulrich Farms, Inc. —(USR13-0069). 4075886 Pages: 3 of 29 01/15/2015 10:47 AM R Fee:$0.00 pc: Elizabeth Relford, Public Works Carly Koppes, Clerk� and Recorder, Weld County, CO' Diana Aungst, Planning Services EDI Era i 1�i h?CIi i til 11�N ��«��lCi II C:\Users\dbechler\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\C07XGSSGApprove IA Accept Collateral (USR13-0069)Ulrich Farms-MEMO.docx 2014-3913 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Ulrich Farms, Inc. - USR13-0069 Part 1: Site Specific Provisions THIS AGREEMENT is made this 30 day of O&M) , 2014, by and between Ulrich Farms, Inc., whose address is 14605 CR 21, Platteville, Colorado 80651, 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 ("BOCC"), 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: Lots A of Recorded Exemption, RECX13-0120; being part NE 1/4 of Section 22, Township 3 North, Range 67 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 (two water depots), on approximately 34.9 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(USR13-0069), and WHEREAS, the Property Owner acknowledges that the issuance of USR13-0069 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 WHEREAS, except as provided herein, the Property Owner acknowledges that it may not engage in any activity described in USR13-0069 until said improvements have been completed, and 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 USR13-0069 within three(3) years of the approval of the permit issued under USR13-0069, may result in the revocation of USR13-0069, 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 lof 22 C:\Users\tim\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\03EUFADV\Ulrich Farms Inc (USRI 3-0069)Part I Site Specific Provisions-Draft IA(4-11-14).docx 4075886 Pages: 4 of 29 01/15/2015 10:47 AM R Fee:$0.00 Carly Koppel Clerk and Recorder Weld County, CO N U h 4II" "Ill T Commissioners, and WHEREAS, the parties agree that the Property Owner shall provide collateral for all off- site improvements required by this Agreement upon execution of this Agreement, 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 Roads 21: 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 at the main entrances and exits which extend partially into USR13-0069 right-of-way (ROW), drainage and signage installations, as indicated on the accepted Construction Plans and/or USR13-0069 plat. The main entrance improvements will include a Vehicle Tracking Control Pad, placed across the entire width of the roadway, to ensure a complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent County road. (See Section D.2.0 of this Agreement). 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 21 and for any construction improvements, mandated by the Colorado Department of Transportation (hereinafter "CDOT") and/or the County, and for all expenses associated therewith. These responsibilities include, but are not limited to the following: design, surveys, utility locates, present and future right-of-way clearances and permits; coordination with oil and gas operators and facilities, and affected irrigation facilities; traffic control during construction; and project safety during construction. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other Federal, State NN or County regulatory agencies. room A N 3.0 Engineering Design and Construction Plans: For Off-Site Improvements as set- forth in Section A. 1-2 above, all engineering designs and construction plans must be provided - j p- by Property Owner. All plans showing work within the County shall be reviewed and accepted Wa rig by Weld County, prior to the start of construction. For all construction in the County right-of- a1!". way, prior to the issuance of any access permit or right-of-way permit, a construction schedule ▪ ",ln giving times and locations of all proposed improvements shall be provided to Public Works for N-=1: °, review and acceptance. The approved and accepted construction plans are a part of this gc m IV Agreement. �=m1O yam 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 2of 22 E U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USRI3\USRI3-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc.(USRl3-0069)Part 1 Site Specific Provisions-Final IA(10-8-14)docx 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- mentioned haul route. Future County mandated measures may include improvements to any haul route intersections or roadways then utilized by Property Owner. Property Owner shall pay a proportionate share of the cost of the entire project including engineering designs and construction plans based on the Applicant's share of ESAL Counts using then current data on the haul route in the implementation of the above-mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making a mm decisions regarding cost sharing. In order to accurately determine percentage of Property Owner NN haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their CoNw facility. Future improvements will be subject to any Federal, State or County regulations in i9 mc, `8."171 place at the time the improvement project is initiated. Haul Route improvements may be ptriggered due to heavy truck traffic associated with the facility. X d D,1°e Roadway improvements may be triggered due to heavy truck traffic associated with the facility t 11?). "• including additional turn lanes onto CR 50; the following is a list of the triggers for turn lanes: al a. 25vph turning right into the facility during a peak hour. 2, b. 50 vph turning right out of the facility during a peak hour. mgo c. 10vph turning left into the facility during a peak hour. rim Eam xo 8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. F 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, E.- 3of22 U.`,F.'ngineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USR13\USRI3-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc.(USR13-0069)Part I Site Specific Provisions-Final IA(10-8-14).docx Property Owner shall not be required to complete the aforementioned offsite improvements as described in Sections A.1.0-2.0 until the occurrence of the triggering event for each improvement, namely the application for the Grading Permit, Building Permit or Right-Of-Way access permit or the commencement of activities on the property(s). At that time, Property Owner agrees that the required off-site collateral will be posted and all on-site and offsite improvements shall commence and shall be completed within the parameters established in Sections A.3.0 and E.7.2, and Exhibit B, herein. 9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site improvements, Property Owner shall contact a representative of the Weld County Department of Public Works and request an inspection of the off-site improvements described in Sections A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth in Sections E.6.1-6.3. 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted construction plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: 1.0 Established Haul Routes from the facility access point: 1.1 Exiting or entering the site: Haul trucks shall enter or exit the site at the approved accesses onto CR 21 for further dispersal. Any County roads routinely utilized by USR13-0069 haul traffic may become part of the established haul routes. U ; 1.2 No haul vehicles may exceed CDOT required specifications for pounds per x N to axle. ism-130 1.3 In unusual or rare occasions, if particular projects mandate deviation from co; the above-mentioned haul route for a limited period of time (which is defined in this Agreement as a period of not more than thirty days), which te a3N shall be established by County at the time that the deviation is allowed. If County approves such deviation, haul vehicles will utilize paved county croads whenever possible. A deviation from the established Haul route lasting more than thirty (30) days or requests for two or more deviations en 1.0 within a twelve month period shall be subject to the terms of Section B.4.0. am 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. ■ •- g 2.0 Haul Route Signage (If Applicable): Property Owner shall install haul route signs, 4of 22 U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USR13\USR13-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc.(USR13-0069)Part I Site Specific Provisions-Final IA(10-8-14)_docx 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: 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially responsible for the excavation, repair, and patching of any damage on current or future haul route roads, which in the sole opinion of County has been created by Property Owner hauling to and from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above-described haul route and instead utilizes other portions of County roads, Property Owner m m shall cooperate with County in maintenance of said roads which are included within the new haul N-I route. The type and method of repair will be determined by the County Engineer or his e imm representative. Repairs shall commence within 48 hours of notification by the County for any S-' roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's written notice. r.;pv r.;,- al d n 1.1 Need for Immediate Repairs: In the event of damage to an Approved Haul A3"• Route by Project traffic that causes an immediate threat to public health X T 0D and safety or renders the road impassible ("Significant Damage"), County m▪ om 2, shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with ifm County on the extent, type, timing, materials and quality of repair (i.e. yam g temporary versus permanent) within twenty-four (24) hours after receipt w. 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 5of 22 U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USR13\USR13-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc_(USR13-0069)Part 1 Site Specific Provisions-Final IA(10-8-14).docx 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 has been damaged by Project traffic such that it 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 Repair Costs, County shall notify Property Owner in writing that the Off-Site 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 and Property Owner shall be responsible for their proportionate share of the repairs. 1.3 In County's sole discretion, County may request that Property Owner undertake the repairs and/or improvements, but Property Owner is under no obligation to commit to undertaking the repairs. Property Owner's payment for its Proportionate Share of the road repairs will be calculated as determined in Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent with Section C.3.0 of this Agreement. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and all other property owner and/or lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further m. determine what road repair/improvement/maintenance work is to be performed during that � construction season. Notification to the Property Owner of the required roadway repairs will be o N given as soon as the data becomes available. Thom F10 N r 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, �Av road damage increases beyond the point that repair of damage cannot maintain the road in a safe r d 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 AAA �a to exiting Property Owner's site onto the haul route in the implementation of the above-mentioned 'M ao 2, improvements. Notification to the Property Owner of the required roadway replacements will be lts Gift 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. k=� 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners and/or Lessees: It is anticipated that Property Owner and other property owners and/or lessees 0 6of 22 ILE U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USRI3\USRI3-0069 Ulrich Farms Inc(Two Water MI Depots)Umprovements Agreement\Ulrich Farms inc.(USRI3-0069)Part 1 Site Specific Provisions-Final IA(10-8-14).docx 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 Property Owner and/or other property owners shall be conducted pursuant to separate agreements between the Property Owner and those respective parties. 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 USR13-0069 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 USR13-0069 but Property Owner shall complete all On-Site Improvements as shown on the accepted Construction Plans and Plat Map for USR13-0069.) 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or maintain the landscaping and re-seeding of the property where applicable as shown on the accepted Construction Plans and USR13-0069 plat map. Specifically, Property Owner shall at its own expense, plant, install and/or maintain all grass and other landscaping and re-seeding where applicable as shown on the accepted Construction Plans and USR13-0069 plat map. Additionally, the Property Owner shall install and/or maintain fencing to screen the property where applicable as indicated on the accepted construction plans and USR13-0069 plat map. In the event any of these improvements may include work extending into State or County Right-Of- Way, a Right-Of-Way or access permit is required. 2.0 On-Site Grading, Drainage Facilities and Paving: Property Owner shall, at its sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and •aam _ �� parking areas, and install accepted drainage and signage components , adjacent to or within the xN ro interior portion of the property in accordance with the directives of the Weld County Department Timm of Public Works and Department of Planning Services, as further described in the accepted Construction Plans and/or USR13-0069 Plat Map. The main entrance improvements will =m include; construction of adequate turning radii at the main site accesses onto CR 21, a Vehicle _�>-u x -111 Tracking Control Pad across the entire width of the roadway, to ensure a complete revolution of ga3: the truck tires to minimize the tracking of mud and debris onto CR 21. Any other on-site ,T73,,_ improvements shall be completed as indicated on the accepted Construction Plans for this A?"o 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 J,33 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. re- 3.0 Timing of Improvements: to theprovisions of Weld County Code Sec. P Subject n 7of 22 U:\Engineering\PLANNING--DEVELOPMENT REVIEW\-2013 Planning Referrals\USR13\USR13-0069 Ulrich Farms Inc(Two Water ilE Depots)\Improvements Agreement\Ulrich Farms Inc.(USRl3-0069)Part 1 Site Specific Provisions-Final IA(10-8-14).docx 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 on-site and 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 USRI3-0069, and/or set forth within the context of this Agreement, whichever is later, 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). "End of Part 1" 4075886 Pages: 11 of 29 01/15/2015 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO ■1111��1�1�W I:Iti��+�N�l�I1� ihi III sof 22 U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USRI3\USR13-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc.(USRI3-0069)Part 1 Site Specific Provisions-Final IA(10-8-14).docx IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Ulrich Farms, Inc. —USR13-0069 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 improvement.: herein agreed upon for public rights-of-way or easements, Property Owner shall 1.1:2t acquire, at the sole expense of Property Owner, good and sufficient rights-of-way and easements —m:<-1-,;(n on all lands and facilities traversed by the proposed improvements. All such rights-of-way and e€mm easements used for the construction of roads to be accepted by the County shall be conveyed to b c" the County and the documents of conveyance shall be furnished to the County for recording. x �, om r---x� 3.0 Construction: Property Owner shall furnish and install, at its own expense, the � 3a, improvements identified on the accepted Construction Plans and USRI3-0069 Plat Map, be Y solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this --,ten-ro 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- �ID S� site), and improvements to public rights-of-way or easements being completed also in - -am 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 U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USRI3\USRI3-0069 Ulrich Farms Inc('Iwo Water Depots)\Improvements Agreement\Ulrich Farms Inc.(USRI3-0069)Part 2 General Provisions-Final IA(10-8-14).doex 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 Ce;orado governing occupational safety and health. f2mm NN 5.0 Warranty of On-Site and Off-Site Improvements: Property Owner shall warranty Ca m m ail improvements to public rights-of-way, (if any), and all privately created and maintained roads „N 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 rL cF�m improvement(s). 5 —.cup tp 3" 6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon 'L o.n w compliance with the following procedures by the Property Owner, the improvements shall be m° ;, deemed accepted by the County, if collateral had been initially posted for the improvements. ! 6 N The BOCC does not represent or ensure the on-site improvements will be constructed and/or am 1O available for their intended use(s). ro n 0 TO r I0of22 U:AEngineeringWLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USR13VUSR13-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc.(USRI3-0069)Part 2 General Provisions-Final IA(10-8-14).docx 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.9.0,request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. The County Engineer shall reinspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written �ma recommendation from the County Engineer for acceptance of F\leo improvements within the TJSR, the Board of County Commissioners shall fully accept said improvements. oNCO T_n mO1 �r- 6.3b Upon completion of the construction of the required on-site `— p 9 improvements, and the filing of a Statement of Substantial Compliance, m when necessary, by Property Owner's engineer, the Property Owner may, __dvm P Y g P Y 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 X9;c that the improvements be accepted if collateral had been initially posted ram 'i v for the improvements, and further that the two-year warranty period begin. Ve(V m(0 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 g discovered, the Property Owner shall correct the deficiencies. The County DL- Engineer and /or the Department of Planning Services shall reinspect the sc- P p improvements after notification from the Property Owner that said MI — deficiencies have been corrected. If the County Engineer and/or 11of22 U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USRI3\USRI3-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc.(USRI3-0069)Part 2 General Provisions-Final IA(10-8-14).docx Department of Planning Services find that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 7.0 General Requirements for Collateral: (Currently no on-site collateral for USR13-0069 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 USR13- 0069 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 USR13-0069 Plat Map and further enumerated in the costs listed in Exhibit "A," must be equivalent to One-Hundred Percent (100%) of the value of the improvements as shown in this Agreement This collateral must be submitted to County upon the execution of this Agreement, or at a time determined acceptable by the Board of County Commissioners, and shall be held in total by County as provided in Paragraph E. 7.3 below until all improvements have been completed. 7.3 Warranty Collateral for all off-site improvements shall be submitted to Ld mm County and shall be held in total by the County for two (2) years following �N� its written acceptance of the improvement(s). •_°N�g-z� mm 7.4 In the event Property Owner fails to adequately complete and/or repair -a CA p Y q ! P P z�m improvements associated with this Improvements Agreement, County will access, in its sole discretion, Project or Warranty Collateral to the extent �aDo necessary to complete said improvements or repairs in order to preserve •�.� as a31... public interest. AA �p N oolN 7.5 Road Maintenance Collateral shall be submitted to County upon the Cera of the warranty collateral by the Board of County Commissioners E• 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 'r. associated with the designated haul route. o �° 12 of 22 U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USRI3\USRI3-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc.(USRI3-0069)Part 2 General Provisions-Final IA(10-8-14)_docx 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 USR13-0069 activities are initiated. If the County has accepted a Corporate Guaranty as collateral pursuant to Weld County Code Sec. 2-3-30.D. Road Maintenance Collateral shall be submitted at the time of approval of the Improvements Agreement or at such time that approved permit activities are initiated. The submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads or $2,400.00 for facilities adjacent to gravel haul route roads, and the amounts will be listed on Exhibit"A"- Cost Sheet(OFF-SITE). Road Maintenance Collateral shall be held by County as long as this Agreement is in effect and returned to Property Owner 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 six (6) 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 l0m future maintenance and/or improvements projects for the 'WC MN associated Haul Route. Upon vacation of the USR for this facility q,c.co I m hi co so) and following determination by Public Works staff that no Far N immediate repairs are required for the Haul Route, any remaining 2r0m funds in the escrow account will be returned to the USR Permittee. in;>-0 J01 a3N 7.5.2 Road Maintenance Collateral (For Off-Site Dust Control—If Applicable): worm The total costs for materials and application, will be listed on ° Exhibit "A" (OFF-SITE) — Dust Control, of this agreement. These funds will be utilized by the County for roadway applications tam 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.6.0 of this agreement. Following completion of all construction phases, and/or upon vacation of this USR, and g following determination by Public Works staff that no immediate 13 of 22 ME U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USRI3\USRI3-0069 Ulrich Farms Inc(Two Water Depots)\Lnprovements Agreement\Ulrich Farms Inc.(USR13-0069)Part 2 General Provisions-Final IA(10-8-14).docx repairs are required for the Haul Route, any remaining Dust Control collateral will be returned to the USR Permittee. 7.6 Acceptable Project Collateral shall be submitted by the Property Owner upon execution of this Agreement, as herein defined. 7.6.1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for all improvements are updated, and the development plans are revised to comply with all current County standards, policies and regulations, except with prior County consent. The improvements shall be completed within the time schedule set forth in Exhibit "B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Property Owner's operations pursuant to USR13-0069 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 a m p Property Owner upon request. =2. (It,„„to m 7.8 Collateral may be in the form of a corporate guaranty given by a legal ▪ �mm entity in good standing and authorized to do business in the State of N �r Colorado or the applicable governmental licensing agency of the A� Guarantor's state of incorporation, in an amount equivalent to one hundred c;-.11 percent (100%) of the value of the improvements set forth in the ' Improvements Agreement and the Plat. The corporate guaranty shall ?A0" conform to and be subject to the requirements of Weld County Code RdAJ Section 2-3-30 B.4. The Property Owner shall utilize only a County 9.% approved form when obtaining a corporate guaranty: (CORPORATE =�N PP rP c�m� GUARANTY FOR BOARD OF COUNTY COMMISSIONERS OF r'a� WELD COUNTY, COLORADO). A copy of said form shall be provided S� to Property Owner upon request. J�.� 14 of 22 U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USR13\USRI3-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Fanns Inc.(USRI3-0069)Part 2 General Provisions-Final IA(10-8-I4).docx • . r 7.9 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement and the Plat. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. The Property Owner shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Property Owner upon request. 7.10 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to One Hundred Percent (100%) of the value of the improvements set forth in the Improvements Agreement. In the event the Property Owner is required to warranty the improvements, the Property Owner shall replace the original deposit with a deposit in the amount of fifteen percent (15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7.11 The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a"three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best, or as collateral in the form of a corporate guaranty offered by a legal entity which does not have a rating classification of 5A, 4A, or 3A, and does not have a Composite Credit Appraisal of 1, 2, or 3 given by Dun and Bradstreet Credit Rating Reports. If the Applicant meets all of the requirements provided in the previous sentence regarding a corporate I•V m m guaranty, the Board may then decide whether acceptance of a corporate NN guaranty agreement is appropriate under the circumstances. The Board -=•amrn may consider (1) the value listed in the improvements agreement, (2) the N net worth of the Guarantor, (3) the Applicant's history regarding xnm successful local projects, and (4) anything else the Board deems relevant .4;13 and appropriate for consideration for a corporate guaranty as a form of „Jim acceptable collateral. The Board further reserves the right to require Property Owner to obtain replacement collateral if the rating of the - o�� financial institution providing said collateral drops below the levels stated eM a e G above. Replacement collateral shall be submitted by Property Owner x'a within sixty (60) days of the Board's notice to Property Owner that the ✓amp rating has fallen and that the collateral must be replaced. Property Owner €o may not terminate existing collateral until replacement collateral has been -§ secured. gto 15 of 22 U1Engineering\PLANNING-DEVELOPMENT REVIE W4-2013 Planning Referrals\USR13\USR 13-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc.(U5R13-0069)Part 2 General Provisions-Final IA(10-8-14).docx 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 USR13-0069 Accepted Construction Plans and Plat Map, and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the on;• approved plans. The letter shall indicate if the fire hydrants are operational m and, if required by the County, state the results of fire flow tests. •=, a'to 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the ra final Construction Plans. -43 a3" 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 -re��«°. Department of Public Works, the Property Owner (if Property Owner has }m m m supplied any or all of the collateral) may request release of the collateral a� 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. M fg 16 of 22 U:\E-ngineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USR13\USR13-0069 Ulrich Farms Inc(Two Water Depots)AImprovements Agreement AUlrich Farms Inc.(USRI3-0069)Part 2 General Provisions-Final IA(10-8-14).docx . 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. 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 W:75 5 unreasonably withheld by County. In the event of sale of the Property, County may agree to M.sn,' release Property Owner in whole or in part from obligations under this Agreement. County's Hamm rights and obligations under this Agreement shall automatically be delegated, transferred or ;1 assigned to any municipality which, by and through annexation proceedings, has assumed ---CL _u jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the • I, terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, &Rig personal representatives, successors and assigns of Property Owner, and upon recording by the N County, shall be deemed a covenant running with the land herein described. ID rm 10.0 County Engineer: All references in this Agreement to "County Engineer" shall m(^O) refer to the any individual or individuals appointed by the County Engineer to act on his/her `am behalf.nc 17 of 22 E U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USR13\USR13-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc.(USRI3-0069)Part 2 General Provisions-Final IA(10-8-14).docx • • 11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. F. Termination of Agreement: 1.0 Termination Event: This Agreement shall terminate upon the earliest of the following events: 1.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Operator's complete cessation of all activities permitted under USR13- 0069 or any amendments thereto. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Operator shall provide written notice to Property Owner and County of said cessation of activity, which County shall then verify. If written notice is not provided FN09 to County, Termination of this Agreement shall not occur until County has determined ro`ps,co moo that the Use by Special Review is inactive, which shall be three (3) years following ID r County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the r cm Weld County Code. a▪ 3 0.. 1.2 Execution of Replacement "Improvements Agreement According to N Policy Regarding Collateral for Improvements — USR13-0069 by New Property Owner: a;" This Agreement shall terminate following County's execution of a new Improvements 2 Agreement According to Policy Regarding Collateral for Improvements — USR13-0069 tt with a new Property Owner who has purchased the Property, and intends to make use of ▪ "am the rights and privileges available to it through the then existing USR. ZS' woos 1.3 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR13-0069 by New Operator: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR13-0069 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 18 of 22 U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USRI3\USRI3-0069 Ulrich Farms Inc(Two Water Depots)Vmprovements AgreementAUlrich Farms Inc.(USRI3-0069)Part 2 General Provisions-Final IA(10-8-14)docx Property. The results of the inspection shall be delivered in writing to the Property Owner and Operator. If the County determines that pursuant to the terms of this Agreement, the Operator must complete any of the improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable period of time thereafter, but in no event later than six (6) months following the determination that permit related activities have ceased. Collateral shall not be released by County until such time as county determines that all of the improvements have been completed. 2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property or Transfer of Operations: If the Property Owner or Operator desires to assign its rights and obligations under this Agreement to a successor Property Owner or Operator,the Property Owner or Operator shall, prior to the transfer,provide County with a written Notice to Transfer, stating the date of transfer, and identifying the party to whom the transfer shall be made. Following receipt of the Notice to Transfer, County shall inspect the improvements required under the terms of this Agreement to determine whether the improvements have been completed. If the improvements have not been completed, the Property Owner and/or Operator shall either complete the improvements or post collateral equal to the cost of the completion of the improvements, if such collateral is not in place. If collateral is available at the time, County shall hold a hearing to determine whether the collateral should be called upon to pay County or a contractor of the County to complete the improvements. County shall also inspect the road(s) which are covered by this Agreement to assess the current condition of the road(s) and determine whether Operator and/or Property Owner would be required to perform road maintenance within the following twelve months had the Agreement not been assigned. If road maintenance is, in the opinion of County, required, Property Owner and/or Operator shall be required to either perform the road maintenance or to post collateral equal to the cost of said maintenance. County shall not execute a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR13-0069 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 3.0 Consequence of Termination by Cessation of Permit Related Activities: =7-•>+ Following County's confirmation that Property Owner and/or Operator has/have ceased all m permit related activities and has/have completed previously uncompleted Improvements and or tn completed any required road maintenance, County shall release Property Owner and/or Operator ID- 0m from all further obligations under this Agreement. No Further permit related activities shall be :Ski. permitted unless and until approved by County following execution of a new Improvements 'i°„D1 Agreement According to Policy Regarding Collateral for Improvements — USR13-0069 with a a 3"• Property Owner and Operator. t o AN - ioTIN o 4.0 Consequence of Termination by Execution of Replacement Improvements mN Agreement: Following County's execution of an Improvements Agreement According to -F0' Policy Regarding Collateral for Improvements — USR13-0069 with a successor Property Owner n and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights 0 ` and/or obligations under this Agreement or in USR13-0069. n 0 19 of 22 U:\Engineering\PLANNING--DEVELOPMENT REVIEW\-20B Planning Referrals\USRl3\USR13-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc.(USRl3-0069)Part 2 General Provisions-Final IA(10-8-14).docx • 5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that activities related to USR13-0069 cease as a result of the revocation of the permit as described in Section E.11.0 of this Agreement, neither Property Owner nor Operator will be released from any of the obligations imposed by the terms of this Agreement only after Property Owner's successful completion of all improvements required under this Agreement or after County accesses the collateral to the extent necessary to complete improvements County, in its sole discretion, deems necessary to preserve public interests. G. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. H. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which the County believes constitute violation. Property Owner shall have thirty (30) days within which to either cure the violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in good faith that a violation of the terms and conditions of this Agreement still exists (despite cure), County may enforce by any legal means, including, but not limited to, legal action for equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral (if applicable), and/or administrative action of the County to suspend or revoke the underlying land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld County Code. Violations of the terms and conditions of this Agreement include, but are not limited to, violations of the agreements Property Owner must enter into as required by this Agreement, and/or failure to enter into such agreements in a timely manner. I. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the undersigned parties that Mnma any person or entity, other than the undersigned parties, receiving services or benefits under this N Agreement shall be an incidental beneficiary only. cmimm J. Authority to Sign: Each person signing this Agreement, and associated Exhibits, -N represents and warrants that he or she is duly authorized and has legal capacity to execute and A v deliver this Agreement. Each party represents and warrants to the other that the execution and M01 a n m delivery of the Agreement and the performance of such party's obligations hereunder have been �Ca3 .. duly authorized and that the Agreement is a valid and legal agreement binding on such party and Ia enforceable in accordance with its terms. If requested by the County, Property Owner shall i A °, provide the County with proof of Property Owner's authority to enter into this Agreement within .7--.24r five (5) days of receiving such request. mml0 xam ;a t-C 2 20 of 22 (_ U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2013 Planning Referrals\USRI 3\USR13-0069 Ulrich Farms Inc(Two Water - Depots)\Improvements Agreement\Ulrich Farms Inc.(USRI3-0069)Part 2 General Provisions-Final IA(I0-8-14).docx • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNERS: �c SIGNATURE '� \ Rik, / PRINTED NAME { h Q 1 7 , TITLE (If Applicable) f S • C I L( 1Y it tj F q r N 1 n C STATE OF COLORADO ) ) ss. County of Weld ) The foregoing instrument was acknowledged before me this day of Imo_, 2014, by .'nne-H/\ WITNESS my hand and official seal. otary Pu lie OLIVIA A. CAIN NOTARY/mi PUBLIC �^ STATE OF COLORADO 20024010296 My commission Expires: 221 l% MY COMMISSION EXPIRES MAY 22,2018 SIGNATURE PRINTED NAME TITLE (If Applicable) Mk? STATE OF COLORADO ) x<NN ) SS. -43,01 County of Weld ) � - 00 -N p-u FF-"D The foregoing instrument was acknowledged before me this day of Di 43N 2014, by 4pA N Aar WITNESS my hand and official seal. m..4, � E N m moo Notary Public .am 0 a My commission Expires: 0 o 21 U:\Engineering\PLANNING—DEVELOPMENT REVIEW 4-2013 Plannif ng Referrals\USR13\USR13-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc.(USRl3-0069)Part 2 General Provisions-Final IA(10-8-14).docx LESSEE (If Applicable): SIGNATURE PRINTED NAME TITLE STATE OF COLORADO ) ss. County of Weld ) The foregoing instrument was acknowledged before me this /7tdday of� h 2014, bY-1)04 A g RD-44-R RD-44-R Clctain .cher, Chnu.y13mhn( 06 &immi.a-o-Latuziu. WITNESS my hand and official seal. Nota ublic My commission Expires: 0/� RAFAELA ALICIA TINEZ NOTARY PU IC STATE OF COLORADO NOTARY ID 20144002878 BOARD OF COUNTY COMMISSIONERS MY COMMISSION EXPIRES JANUARY 22,2018 WELD COUNTY, COLORADO ATTEST: � .uQ.wgd1'f�/1 . m a Douglas Radem cher, Chair ;IMO SW • Weld County Clerk to the Board no .uq •firJ1�G ' �1 ' ' I Dte BY • Deputy C t-rk to the Board 3°am m � Eb� EE mro APPROVED AS TO FORM: am County Attorney 22 of 22 rte" U:\Engineering\PLANNING—DEVELOPMENT REVIEW-2013 Planning Referrals\USRI3\USRl3-0069 Ulrich Farms Inc(Two Water Depots)\Improvements Agreement\Ulrich Farms Inc.(USRI3-0069)Part 2 General Provisions-Final IA(10-8-14).docx .. 4 EXHIBIT A - Cost Sheet (OFF-SITE) Name of Facility: O fig at. "faints „Tyke_ Filing/Case#: V 51' 15 —004A 4 Location: e.g- Personnel Contact:Name Kies V i✓tc,k Title: DLO It CC Phone:h o lee 2614 Intending to be legally bound,the undersi-ned Applicant hereby agrees to provide throughout this facility the following improvements. Improvements (OFF-SITE) (Leave spaces blank where they do not apply) Ouantity Units Unit Costs($) Estimated Construction Cost(Si ,(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) 4 5(000 Dust Control(per Sec.E.-7.5.2) Fire Hydrants Survey,Street Monuments/Boxes ,(PLANNING SERVICES,L Parking Area,Curb Stops,Bus Kiosks Street Lighting Street Names Signage Fencing Requirements Landscaping,Seeding,Trees,etc. Park Improvements 4075886 Pages: 26 of 29 01/15/2015 10:47 AM R Fee:$0.00 Handicap Accessibility,Parking&Rails Carly Koppes, Clerk and Recorder, Weld County, CO Septic Systems VIII M��1�l�Wr�.I kjl�i+,P.'a�k 2 Ri'i r l'VPLIP.i'i 1I III SUB-TOTAL: estmg,inspection,as m t p ans an wor m a on o pre ary an Engineering and Supervision Costs($) fmal plat;supervision of actual construction by contractors) OO TOTAL ESTIMATED COST OF IMPROVEMENTS,ENGINEERING AND SUPERVISION ($) k EXHIBIT A - Cost Sheet (OFF-SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements/ shall be completed according to the construction schedule set out in Exhibit B AAA/ By: J A/ Applicant W r1 Q tr\ Date ) Z —J , 20 Title By: Applicant Date 20 Title 4075886 Pages: 27 of 29 01/15/2015 10:47 AM R Fee:$r 0.00 CarlVIII Melt' L4,'�Clerk �N(Y1r h1�f��W'�Iti+�CO R III 0 EXHIBIT B Time Schedule(ON-SITE) & (OFF-SITE) q Name of Subdivision,PUD,USR,RE,SPR: UtK[5/ ' 06(09 Filing/Case#: Location: 6 I? ZI Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within/k 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) tON.S/TEI (onEI ]PUBLIC WORKS] Site Grading Street Grading Street Base,Gravel for Parking Street Paving Pavement Marking Curbs,Gutters,and Culverts Sidewalk Stormwater/Drainage Facilities Retention/Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Entrance/Access Erosion Control Measures/BMP's Fire Hydrants Survey,Street Monuments/Boxes ]PLANNING SERVICES' Parking Area,Curb Stops,Bus Kiosks Street Lighting Street Names Signage Fencing Requirements Landscaping,Seeding,Trees,etc. Park Improvements Handicap Accessibility,Parking&Rails Septic Systems Final Comoktion Date for Entire Protect G�/ D l� �of�'? z �Ol�Ltf'�terG 4075886 Pages: 28 of 29 01/15/2015 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 101 tlh, flit ilWv1II111 r , EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Q u./ f1 Q N Date / Z — ,20 / Title By: Applicant Date ,20 Title 4075886 Pages: 29 of 29 01/15/2015 10:47 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII�i�1�l4w,iL'I��lG�Yl :hr�' NIriP i II III O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx z_m_,to,Alt.rmes C cn C ? . CV co co j co o I co o /0 • p • # q / d k . y . tO CD I dl . • ! 'N • 4.* § ' .i ; m • \ § • ' \ $§ $ � ` \ ; 2\§ •it . ! , a§} • c. • , | ��$ * 1 I )$~ • ' I ®_ : | o . . o , | o • • | p | • | • ! • p i I . | • 4. | • 2 • U G ; I� Z Z f. a m o• G 0 i /0 k' | \ \u � • . ° v = i) 0 7 k | g Q 2 Ci 7 s / D / 0 R o U ± a o Z » c U j • k \ , k -0 \ \ < / I /§ I-. 2 U If j -i D 1 r - RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR13-0069, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OIL AND GAS SUPPORT AND SERVICE (TWO WATER DEPOTS) IN THE A (AGRICULTURAL) ZONE DISTRICT - ULRICH FARMS, 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, the Board of County Commissioners held a public hearing on the 19th day of March, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Ulrich Farms, Inc., 14605 CR 21, Platteville, CO 80651, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0069, for a Mineral Resource Development Facility, including Oil and Gas Support and Service (two water depots) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RECX13-0120; being part of the NE1/4 of Section 22, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Tim Naylor, AGPROfessionals, LLC, 3050 67th Avenue, Suite 200, Greeley, CO 80634, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons. 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.6.1. -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations should protect the individual property owner's right to request a land use change." 2) Section 22-2-20 G 2 (A.Policy 7.2) states. "Conversion of agricultural land to nonurban residential. commercial, and CC Cr ) TL(Dw)Pu (DC) OL(LL) AppL . 8 &0t-I 2014-0861 PL2264 SPECIAL REVIEW PERMIT (USR13-0069) - ULRICH FARMS. INC. PAGE 2 industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The applicant is proposing to operate two water depots on a 34.9-acre site. There is a private residence on the northwest section and the two water depots will be located on the southwest section of the site. The northern water depot has two pressure tanks and four pumping stations; the southern water depot has four pumping stations. Both wells have a totalizing flow meter. The two water depots operate separately, that is, a truck that loads water from the northern water depot will not load water from the southern water depot. A maximum of 25 trucks is expected to access these two water depots, on a daily basis. No more than 979 acre feet per year will be pumped from these two water depots according to the Division of Water Resources. The application materials state that there will be no employees and the hours of operation are requested to be 24 hours a day/7 days a week. The applicant has stated that no landscaping or fencing/screening is proposed. The application materials address the lighting for the site and no parking is proposed or recommended. The Conditions of Approval and Development Standards for this proposal will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. B. Section 23-2-230.6.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2. allows for a Site Specific Development Plan and Use by Special Review for a Mineral Resource Development Facility, Including Oil and Gas Support and Service (two water depots) in the A (Agricultural) Zone District. C. Section 23-2-230.8.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent properties are mainly utilized for pastures, crops. and rural residences. County Road (CR) 21 borders the site on the east. The properties to the north, south, and west are cropland. The closest residence is approximately 400 feet east of the site. There are four (4) USRs located within one (1) mile of this site. Amended USR-127 is for a feedlot for 8.000 head of cattle and is located on the parcel west of and adjacent to the site. USR-1063 is for a 24-foot gas line and is located one-quarter mile to the west. USR-1040 is for an agricultural service establishment and USR-338 is for gravel mining and are located one (1) mile to the west of the site. The Weld County Department of Planning Services has not received any correspondence from the surrounding property owners that objects to this USR. The Conditions of Approval and Development Standards for this proposal will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. 2014-0861 PL2264 SPECIAL REVIEW PERMIT (USR13-0069) - ULRICH FARMS, INC. PAGE 3 D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development, as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities- The site is located within the three (3) mile referral area of the Towns of Milliken, Firestone, and Platteville. The Town of Milliken's referral dated January 15, 2014, and The Town of Platteville's referral dated January 6, 2014, indicated no concerns. The Town of Firestone did not respond with any referral comments. E Section 23-2-230.8.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed USR is located on approximately 34.9 acres "Prime (Irrigated)" and 5 acres of "Irrigated Land. Not Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This USR will not take any acres of Prime (Irrigated) Farmland out of production because the section of the site that is being used for water depots is too small to farm. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety. and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Ulrich Farms. Inc.. for a Site Specific Development Plan and Use by Special Review Permit, USR13-0069, for a Mineral Resource Development Facility, including Oil and Gas Support and Service (two water depots) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: A. An Improvements Agreement is required for the site (haul route CR 21). Off-site Road Maintenance including dust control, damage repair, and triggers for improvement will be included B. The plat shall be amended to delineate the following: 1) Alt sheets of the plat shall be labeled USR13-0069. 2) The attached Development Standards. 2014-0861 PL2264 SPECIAL REVIEW PERMIT (USR13-0069) - ULRICH FARMS, INC. PAGE 4 3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent properties and public rights-of-way. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. 5) CR 21 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 55 feet shall be delineated on the plat as future CR 21 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 6) The applicant shall show tracking control. It is required to prevent tracking from the site onto the County roadway. 7) The applicant shall show the approved accesses on the plat and label it with the approved access permit number (AP13-00389). 8) Show the approved Water Quality Capture Feature and label it "No build, no storage area." 2. Upon completion of Condition of Approval #1 above, the applicant shall submit an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld County Department of Planning Services for preliminary approval. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3. approved April 30 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period 2014-0861 PL2264 SPECIAL REVIEW PERMIT (USR13-0069) - ULRICH FARMS, INC. PAGE 5 4 The Department of Planning Services respectfully requests a digital copy of this Use by Special Review. as appropriate Acceptable CAD formats are dwg, .dxf, and .dgn (Microstation):. acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld co.us. 5. Prior to construction: A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required prior to the start of construction. 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. The above and foregoing Resolution was, on motion duly made and seconded. adopted by the following vote on the 19th day of March, A D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNOLORADO ATTEST: t ,,.,/ �- £ujRade%eair Weld County Clerk to the Board 311.4♦ ,, ��'► k", , . - C � .ara Kirkmeye/,, Pro-Tem / BY. !_ - ��_ i.(_L./ t� ''4:2 De u Clerk to the Board � - 1 % -• • r ` •.�.. ��'-- -- ---_ n P. Conway —7Th APPS© ASTO/1 OJ Mike F tj /� ;� `r � Attorney _ Wi iam F. Garcia Date of signature " ? (`L 2014-0861 PL2264 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ULRICH FARMS, INC. USR13-0069 1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0069, is for a Mineral Resource Development Facility. including Oil and Gas Support and Service (two water depots) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation are 24 hours a day, seven (7) days a week, as stated by the applicant 4 Vehicle tracking control pads will be installed and maintained through the Ile of the site to prevent tracking of debris onto the County roadway. 5. The historical flow patterns and runoff amounts will be maintained on the site. 6. Should noxious weeds exist on the property, or become established as a result of the • proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pursuant to Section 15-1-180 of the Weld County Code. 7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act. Section 30-20-100 5, C.R.S 9. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved Waste Handling Plan. at all times. 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times 11. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code. 12 Adequate drinking hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on the site for less than two (2) consecutive hours a day. portable toilets are acceptable. Records of 2014-0861 PL2264 • DEVELOPMENT STANDARDS (USR13-0069) - ULRICH FARMS. INC. PAGE 2 maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment Portable toilets shall be serviced by a cleaner licensed in Weld County Y and shall contain hand sanitizers. 13. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh water spills should be captured in above-ground containment areas for reuse or allowed to infiltrate There shall be no discharge from this process to surface waters or through the facility's stormwater management system. in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission. and the Environmental Protection Agency. 14. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code 15 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected. light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as. traffic control devices. 16. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following have been adopted by Weld County 2012 International Codes, 2006 International Energy Code, and 2011 National Electrical Code A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer and must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. 17 The property owner or operator shall be responsible for complying with the Design and Operatior Standards of Chapter 23 of the Weld County Code 18. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations 19 The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations Substantial changes from the plans or Development Standards, as shown or stated. shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted Any other changes shall be filed in the office of the Department of Planning Services 20 The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing 2014-0861 PL2264 • DEVELOPMENT STANDARDS (USR13-0069) - ULRICH FARMS, INC PAGE 3 Development Standards may be reason for revocation of the Permit by the Board of County Commissioners 21 The Weld County Right to Farm Statement, as it appears in Section 22-2-20 J 2 of the Weld County Code, shall be placed on the plat and recognized at all times. 2014-0861 PL2264 Hello