HomeMy WebLinkAbout20143912.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR MINOR USE BY
SPECIAL REVIEW PERMIT, MUSR14-0015, -TURNPIKE, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on April 1, 2009, the Weld County Board of Commissioners approved Use
by Special Review Permit #1686, for Turnpike Limited Liability Company, 3964 Highway 79,
Keenesburg, Colorado 80643 for a Use Permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (custom seeding business) in the
A (Agricultural) Zone District, on the following described real estate, to-wit:
Lot B of Recorded Exemption #1514; being part of
the NW1/4 of Section 9, Township 1 North,
Range 63 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 Turnpike, LLC, with terms and conditions
being as stated in said agreement, and
WHEREAS, the Board has been presented with Company Check #16926 from Arnold's
Custom Seeding, LLC, 4626 WCR 65, Keenesburg, CO 80643, drawn on Colorado East Bank
and Trust, in the amount of$3,600.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Company Check as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements Agreement According to Policy Regarding
Collateral for Improvements between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Turnpike, LLC, be, and hereby is,
approved.
BE IT FURTHER RESOLVED that Company Check #16926 from Arnold's Custom
Seeding, LLC, 4626 WCR 65, Keenesburg, CO 80643, drawn on Colorado East Bank and
Trust, in the amount of$3,600.00, be and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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Carly Koppes: Clerk and Recorder, Weld County, CO 2014-3912
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IMPROVEMENTS AGREEMENT—TURNPIKE, LLC
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
ELD COUNTY, COLORADO ATTEST:CGG// S , ,,/ :� ,; co Ko'9 ,,,w,W-
1 bide
ouglks Rademacher, Chair
Weld County Clerk to the Board
El„41'%.ara Kirkmeye , Pro-Tem /
BY. I
D:p1 y Clerk to e Board 1 Jul
- P. onway
APPROVED AS TO FORM: �`®(� 'c~-
a ' " ,Mike Fre n
County Attorney
Wi iam F. Garcia
Date of signature: 1-LD—/.5-
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Carly Koppes, Clerk and Recorder, Weld County, CO
viii Ml�.�r: ln& IC 1,1 II III
2014-3912
PL2004
MEMORANDUM
TO: Clerk to the Board
86
DATE: 12/10/2014
FROM: Richard Hastings, Public Works Department
GOUNTYj
SUBJECT: BOCC Agenda Item - Approve Improvements
Agreement and Accept Collateral For:
Turnpike, LLC—(MUSR14-0015)
Request for Approval of Improvements Agreement:
The Department of Public Works received a request from the applicant's representative, Vince
Nissen/Arnold's Custom Seeding, LLC, requesting that the Board of County Commissioners
consider approving the Improvements Agreement for the Custom Seeding Business, (MUSR14-
0015), located at CR 65 & SH 52, west of the town of Prospect Valley.
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, Vince
Nissen/Arnold's Custom Seeding, LLC, requesting that the Board of County Commissioners
consider accepting off-site collateral in the form of a Company Check — Arnold's Custom
Seeding, LLC, (Colorado East Bank & Trust) 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, for Turnpike,
LLC —(MUSR14-0015).
pc: Elizabeth Relford,Public Works
Kim Ogle,Planning Services
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Carly Koppes, Clerk and Recorder, Weld County, CO
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BOCC Memo.docx
2014-3912
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Turnpike, LLC -MUSR14-0015
Part 1: Site Specific Provisions
T4
THIS AGREEMENT is made this 7 day of 11/O,1 , 2011f, by and between
Turnpike, LLC, whose address is 4202 CR 65, Keenesburg, Colorado 80643, hereinafter referred
to as "Property Owner", authorized to do business in the State of Colorado, and the County of
Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred
to as"County."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Part of the NW 1/4 of Section 9, Township 1 North, and Range 63 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 Minor Amendment to Site
Specific Development Plan and Use by Special Review Permit, USR-1686, for
(Custom Seeding Business) on approximately 147 acres on the above described real property,
and the County is currently in the process of considering an Use-by-Special Review for the
Property(MUSR14-0015), and
WHEREAS, the Property Owner acknowledges that the issuance of MUSR14-0015 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, the Property Owner acknowledges that it may not engage in any activity
described in MUSR14-0015 and/or any activity related to the businesses described above 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 MUSRl4-0015 within three (3) years of
the approval of the permit issued under MUSR14-0015, may result in the revocation of
MUSR14-0015, 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
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Carly Koppes, Clerk and Recorder. Weld County, CO
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limits imposed by the Weld County Board of County Commissioners, may result in the
revocation of MUSR14-0015, upon consideration and order of the Board of County
Commissioners, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for all off-
site improvements required by this Agreement when; the Property Owner submits and receives
approval of an application for a Grading Permit, Building Permit or for a Right-Of-Way Permit
for construction of accesses and work within the County and/or State of Colorado Right-Of-Way,
or at a time determined acceptable by the Board of County Commissioners.
WHEREAS, the parties agree that this property has historically had and may continue to
have agricultural uses, and that said uses will not be considered part of this agreement. Any
traffic associated with agricultural uses including but not limited to vehicles or trucks
transporting grain, straw, hay, sugar beets, beans, sunflowers, corn, corn silage or other
agricultural commodities will be exempt from this agreement and will not be used in any ESAL
counts as described below.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
A. Required Off-Site Improvements:
1.0 Weld County Road 65: The Property Owner shall be responsible for the
construction and/or maintenance of certain on-site and off-site safety improvements, which shall
include: construction of adequate turning radii sixty (60) feet at the main entrances and exits
which extend partially into CR 65 right-of-way (ROW), drainage and signage installations, as
indicated on the accepted Construction Plans and/or MUSR14-0015 plat. The main entrance
improvements will include standard tracking control, to ensure a complete revolution of the truck
tires in order to minimize potential hazardous safety conditions relative to the tracking of mud
and debris onto the adjacent County roadways. Granting of any new point of access may
generate additional obligations with County and/or State 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.O, on CR 65 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; 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 or County regulatory agencies.
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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
by Property Owner. MI plans showing work within the County shall be reviewed and accepted
by Weld County, prior to the start of construction. For all construction in the County right-of-
way, prior to the issuance of any access permit or right-of-way permit, a construction schedule
giving times and locations of all proposed improvements shall be provided to Public Works for
review and acceptance. The approved and accepted construction plans are a part of this
Agreement.
4.0 Construction Standards: All construction and materials controls for a project and
any designated improvements shall conform to the requirements in effect as the time of the
completion of the improvements set forth in the "Standard Specifications for Road and Bridge
Construction" provided by CDOT.
5.0 Traffic Control: Prior to any construction in the County and/or State Right-Of-
Way and as a condition of issuance of any access permit or Right-Of-Way permit, the Property
Owner shall submit a traffic control plan for County review. During construction, appropriate
safety signage shall be posted in accordance with the then current version of the Manual of
Uniform Traffic Control Devices (hereinafter"MUTCD").
6.0 Off-Site Dust Control/Abatement and/or Paving (If Applicable): The Property
Owner is required to provide dust abatement along affected Haul Route Roads approximately
two to five times per year, as determined by the County. County will determine the proportionate
share of dust control and/or paving costs to be paid by Property Owner based upon then current
Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Property Owner
sourced traffic. ESAL counts shall not include vehicles used for agricultural purposes. 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 and/or State. Property Owner shall address all County and/or State 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 decisions regarding cost sharing. In order to accurately
determine percentage of Property Owner haul traffic, the County reserves the right to install
traffic counters on the driveway(s) of their facility. Future improvements will be subject to any
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Carly Koppes, Clerk and Recorder Weld County, CO
Recorder, Weld
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Federal, State or County regulations in place at the time the improvement project is initiated.
Haul Route improvements may be triggered due to heavy truck traffic associated with the
facility. Agricultural traffic shall not be associated with the facility or included in the ESAL
counts.
The following is a list of the American Association of State Highway& Transportation Officials,
(hereinafter 'AASHTO')site-specific triggers for turn lanes:
a. 25vph turning right into the facility during a peak hour.
b. 50 vph turning right out of the facility during a peak hour.
c. 10vph turning left into the facility during a peak hour.
8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners,
Property Owner shall not be required to complete the aforementioned offsite improvements as
described in Sections A.1.0-2.0 until the occurrence of the triggering event for each
improvement, namely the application for the Grading Permit, Building Permit or Right-Of-Way
access permit or the commencement of activities on the property(s). At that time, Property
Owner agrees that the required off-site collateral will be posted and all on-site and offsite
improvements shall commence and shall be completed within the parameters established in
Sections A.3.0 and E.7.2, and Exhibit B, herein.
9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site
improvements, Property Owner shall contact a representative of the Weld County Department of
Public Works and request an inspection of the off-site improvements described in Sections
A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth
in Sections E.6.1-6.3.
9.1 All references in this Agreement to "Acceptance of Improvements" shall
refer to the County confirming completion of said improvement(s)
according to the accepted construction plans. By accepting any
improvement, the County does not thereby accept said improvement for
purposes of future maintenance, nor does the County accept any present or
future responsibilities or obligations relative to these improvements.
B. Haul Routes:
1.0 Established Haul Routes from the two facility access points:
1.1 Exiting or entering the site: Haul trucks shall enter or exit the site at the
approved accesses onto CR 65, for further dispersal. Any County roads
routinely utilized by MUSR14-0015 haul traffic may become part of the
established haul routes.
1.2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
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1.3 In unusual or rare occasions, if particular projects mandate deviation from
the above-mentioned haul route for a limited period of time (which is
defined in this Agreement as a period of not more than thirty days), which
shall be established by County at the time that the deviation is allowed. If
County approves such deviation, haul vehicles will utilize paved county
roads whenever possible. A deviation from the established Haul route
lasting more than thirty (30) days or requests for two or more deviations
within a twelve month period shall be subject to the terms of Section B.4.0.
In the event that haul route traffic, in excess of 15% of the daily facility
haul vehicle trips, utilizes alternate haul routes, the provisions of Section
4.0 of this Section B shall be triggered.
2.0 Haul Route Signage (If Applicable): Property Owner shall install haul route signs,
as per MUTCD standards, at all exit points of the Property which can be clearly seen by drivers
leaving the facility and which clearly depict County approved haul routes.
3.0 No Deviation from Permitted Haul Routes: Except under the provisions provided
in Section B.1.3, no deviation in the use of any roads other than those specifically authorized for
use in this Agreement is permitted without the prior written amendment of this Agreement.
4.0 Effect of Future Changes to Haul Routes: In the event that County is requested
by Property Owner or site operator to approve the use of an additional access, new haul route, or
an alternative haul route as a result of a change in Property Owner's site activities and/or truck
circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved
portion of County roads, and if County determines that dust control or paving is required on the
unpaved portion of said haul route roads, Property Owner agrees that dust control or paving
measures to protect the public health, safety, and welfare shall be instituted. County will
determine the proportionate share of dust control and/or paving costs to be paid by Property
Owner based upon then current truck trip counts that identify traffic loading due to Property
Owner-sourced traffic. The amount and extent of dust control and/or paving measures will be
determined by site-specific conditions at the time, as determined exclusively by County
personnel.
C. County Road Maintenance Requirements:
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 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
shall cooperate with County in maintenance of said roads which are included
within the new haul route. The type and method of repair will be determined by
the County Engineer or his representative. Repairs shall commence within 48
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Carly Koppes. Clerk and Recorder, Weld County, CO
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hours of notification by the County for any roadway damage that exposes the
driving public to adverse or unsafe driving conditions. All other repairs shall
commence within thirty(30) days of receipt of Weld County's written notice.
1.1 Need for Immediate Repairs: In the event of damage to an Approved Haul
Route by Project traffic that causes an immediate threat to public health
and safety or renders the road impassible ("Significant Damage"), County
shall, after inspection, notify Property Owner of such Significant Damage.
Property Owner shall identify the repair required and shall consult with
County on the extent, type, timing, materials and quality of repair (i.e.
temporary versus permanent) within twenty-four (24) hours after receipt
of such notice and shall commence such repair within forty-eight (48)
hours after receipt of such notice. If such repair is not commenced within
such forty-eight (48) hour period, County shall have the right to draw on
the Road Maintenance Collateral and use such funds to perform such
repair. If Property Owner identifies Significant Damage prior to receiving
notice thereof from County, Property Owner may commence repair of
such Significant Damage and shall concurrently notify County of the
extent, type, timing, materials and quality of repair (i.e. temporary versus
permanent).
1.2 Repair of Road: On or before December 31 of the calendar year in which
County staff has determined through site analysis and/or pavement testing
that a particular haul route road portion will require paving measures in
order to protect the public health, safety, and welfare, and has budgeted
sufficient funds for the following calendar year to pay its share of the Off-
Site Improvement/Repair Costs, County shall notify Property Owner in
writing that the Off-Site Improvements/Repairs shall be undertaken.
Within ninety (90) days of its receipt of County's notice of the need to
undertake the road maintenance repairs and/or improvements, Property
Owner shall submit Off-Site Construction Plans and Cost Estimates to
County for review. Property Owner shall have sole responsibility for the
completion of the repairs and/or improvements on or before December 15
of the year following County's notice of the need for repairs.
1.3 In County's sole discretion, County may undertake the repairs and/or
improvements. Property Owner's payment for its Proportionate Share of
the road repairs/improvements will be calculated as determined in
Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent
with Section C.3.0 of this Agreement.
1.4 The County shall notify Property Owner of County's preliminary
determination and assessment of Property Owner's proportionate share of
costs of dust control, paving, repairs and maintenance on any particular
Haul Route Road. Prior to County's final determination and assessment,
County shall provide Property Owner with a reasonable opportunity to
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review, comment upon and supplement County's data, collection
methodology, and determinations. The County shall review and consider
Property Owner's input prior to making a final determination and
assessment. The County shall have sole responsibility for determination
of Property Owner's proportionate share of costs.
2.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owner and/or Lessees who are required by
County to participate in road improvement/maintenance agreements. As a result of the annual
inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that
construction season. Notification to the Property Owner of the required roadway repairs will be
given as soon as the data becomes available.
3.0 Future Road Replacement: At any time in the future, if, in the opinion of County,
road damage increases beyond the point that repair of damage cannot maintain the road in a safe
and usable condition, Property Owner shall pay a proportionate cost of a complete restoration
based on the number of Haul Trip ESAL Counts using then current data of haul trips entering or
exiting Property Owner's site onto the haul route in the implementation of the above-mentioned
improvements. Notification to the Property Owner of the required roadway replacements will be
given as soon as the data becomes available and typically takes place before the end of the year
prior to the start of the replacement project, as described in Section C.1.0 above.
4.0 Sharing of Road Maintenance Responsibilities with Other Property Owner and/or
Lessees: It is anticipated that Property Owner and other Property Owner and/or Lessees subject
to agreements similar to this Agreement will perform the required road maintenance work and
will share in the equipment, labor, and materials required. Any such sharing arrangement
between Property Owner and/or Lessee, and other Property Owner and/or Lessees shall be
conducted pursuant to separate agreements between the Property Owner and other Property
Owner and/or Lessees. County shall approve the Agreements only to determine whether the
required improvements/maintenance projects have been adequately addressed. County alone
shall determine the sufficiency of all road improvement/maintenance projects when completed.
5.0 Violation of Terms of Agreement: If Property Owner does not perform as
outlined in this Agreement and Exhibits A and B such non-performance will constitute a
violation of Property Owner land use permits granted by County, and County will take whatever
remedial measures it deems necessary, against Property Owner. In addition to any other remedy
available to the County in law or equity, a failure to comply with this Agreement shall be
considered grounds for setting a probable cause hearing according to the procedures described in
Section 2-4-40 of Weld County Code. Revocation of MUSR14-0015 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 MUSR14-0015 but
Property Owner shall complete and/or maintain all On-Site Improvements as shown on the
accepted Construction Plans and/or plat map for MUSR14-0015.)
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1.0 Landscaping,and Fencing Requirements: Property Owner shall landscape and/or
maintain the landscaping, to include any required re-seeding of the property where applicable as
shown on the accepted Construction Plans and/or MUSR14-0015 plat map. Additionally, the
Property Owner shall install and/or maintain fencing to screen the property where applicable as
indicated on the accepted construction plans and/or MUSR14-0015 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 Pavingi Property Owner shall, at its
sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and
parking areas, and install accepted drainage and signage components , adjacent to or within the
interior portion of the property in accordance with the directives of the Weld County Department
of Public Works and Department of Planning Services, as further described in the accepted
Construction Plans and/or MUSR14-0015 Plat Map. The main entrance improvements will
include; construction and/or maintenance of adequate turning radii at the CR 65 roadway
accesses for MUSR14-0015 and as further detailed in Section A.1.0 of this Agreement. Any
other on-site improvements shall be completed as indicated on the accepted Construction Plans
for this facility. Property Owner shall be responsible for all maintenance of the on-site
improvements. Additional infrastructure improvements will be addressed at the time of
application for any future amended USR. Some of these improvements may include work
extending into State or County Right-Of-Way in which case a Right-Of-Way or access permit is
required.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners,
Property Owner shall not be required to initiate the landscaping requirements until the
occurrence of the triggering event for all improvements, namely the approval of the grading
permit or an amendment to the existing USR. Except with prior County consent, no grading
permit will be released until collateral is posted for all off-site improvements and the final
Construction Plans have been submitted to and accepted by the Department of Public Works.
Access and/or Right-Of-Way permits might also be required prior to approval of the grading
permit. Grading shall not commence until Construction Plans are accepted. Any alterations to
the accepted Construction Plans must be accepted in writing by the County Planning and Public
Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all
landscaping and other on-site improvements, as indicated in Section D. 2.0 above shall be
completed within the parameters established in Section E.7.2 and Exhibit B. The Property
Owner's failure to complete the On-Site Improvements within the time period(s) established by
Resolution approving MUSR14-0015, and/or set forth within the context of this Agreement may,
at County's option, result in the revocation of said land use permit.
4.0 Acceptance of On-Site Improvements: Upon completion of the on-site
improvements, Property Owner shall contact the Weld County Department of Planning Services
and the Weld County Department of Public Works and request an inspection of the on-site
improvements described in Section D.1.0 and D.2.0 above. The County's representatives may
then initiate the process for "Acceptance of Improvements" set forth in Sections E. 6.1-6.3. The
BOCC does not represent or ensure the on-site improvements will be constructed and/or
8ot'22
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4075885 Pages: 11 of 32
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Carly Koppes, Clerk and Recorder, Weld County, CO
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available for their intended use(s). The County does not and shall not assume liability for
improvements designed and/or constructed by others.
"End of Part I"
4075885 Pages: 12 of 32
01/15/2015 10:47 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, Co
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IMPROVEMENTS &ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Turnpike, LLC—MUSR14-0015
Part 2: General Provisions
E. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all
engineering services in connection with the design and construction of the improvements
identified on the accepted Construction Plans according to the construction schedule set forth in
Exhibit"B,"both of which are attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for public
improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road
improvements on public rights-of-way or easements and all improvements
interior on the Property for approval prior to the letting of any construction
contract.
2.0 Rights-of-way and Easements: Before commencing the construction of any
improvements herein agreed upon for public rights-of-way or easements, Property Owner shall
acquire, at the sole expense of Property Owner, good and sufficient rights-of-way and easements
on all lands and facilities traversed by the proposed improvements. All such rights-of-way and
easements used for the construction of roads to be accepted by the County shall be conveyed to
the County and the documents of conveyance shall be furnished to the County for recording.
MI t;
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
'DYco improvements identified on the accepted Construction Plans and MUSR14-0015 Plat Map, be
Fa et,ra solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this
-we 2m agreement, which are attached hereto and/or incorporated herein by reference, with the
improvements interior to the Property being completed by the dates set forth on Exhibit"B" (On-
site), and improvements to public rights-of-way or easements being completed also in
Ma- " accordance with the schedule set forth in Exhibit "B" (Off-site). The Board of County
0114, Commissioners, at its option, may grant an extension of the time of completion set forth in
e C Exhibit B stated herein upon application by the Property Owner.
?.. �
a
Men.• 3.1 Said construction shall be in strict conformance to the plans and drawings
am
0 accepted by the County and the specifications adopted by the County.
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3.2 Property Owner shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction; and shall furnish copies of test results to the
County. If County discovers inconsistencies in the testing results,Property
Owner shall employ at its expense a third party qualified testing company
approved by County. Such third party shall furnish the certified results of
all such testing to the County.
3.3 At all times during said construction, the County shall have the right to
test and inspect, or to require testing and inspection of material and work,
at Property Owner's expense. Any material or work not conforming to the
approved plans and specifications, including but not limited to damages to
property adjacent to the construction plan area shall be repaired, removed
or replaced to the satisfaction of the County at the expense of Property
Owner.
4.0 Release of Liability: Property Owner shall indemnify and hold harmless the
County from any and all liability loss and damage County may suffer as a result of all suits,
actions or claims of every nature and description caused by, arising from, or on account of said
design and construction of improvements, and pay any and all judgments rendered against the
County on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees, or otherwise except for the liability, loss,or damage arising from the intentional torts
or the gross negligence of the County or its employees while acting within the scope of their
employment. All contractors and other employees engaged in construction of the improvements
shall maintain adequate worker's compensation insurance and public liability insurance coverage,
and shall operate in strict accordance with the laws and regulations of the State of Colorado
governing occupational safety and health.
5.0 Warranty of On-Site and Off-Site Improvements: Property Owner shall warranty
all improvements to public rights-of-way, (if any), and all privately created and maintained roads
or rights-of-way, or easements, and all on-site improvements for a period of two (2) years. The
-pmp warranty period shall begin only after the County's execution of a written acceptance of the
, improvement(s).
•
Ca mu 6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon
qrm 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.
-may The BOCC does not represent or ensure the on-site improvements will be constructed and/or
12! available for their intended use(s).
k o r a 6.1 If requested by the Property Owner and approved by the County, portions
a •
fit 2, of the improvements may be placed in service when completed according
N to the schedule shown on Exhibit "B," but such use and operation shall
am not, alone, constitute an acceptance of said portions of the improvements.
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6.2 County may, at its option, issue building permits for construction for
which the improvements detailed herein have been started but not
completed according to the schedule shown on Exhibit "B," and may
continue to issue building permits so long as the progress of work on the
USR improvements in that phase of the USR is satisfactory to the County,
and all terms of this Agreement have been faithfully kept by Property
Owner.
6.3a Upon completion of the construction of the required off-site
improvements, and the filing of a Statement of Substantial Compliance by
Property Owner's engineer, the Property Owner may, as set forth in
Section A.9.0, request in writing that the County inspect the improvements
and recommend to the Board of County Commissioners that the
improvements be accepted and further that the two-year warranty period
begin. Upon completion of the two-year warranty period, the County
Engineer shall, upon request by the Property Owner, inspect the subject
improvements, and notify the Property Owner of any deficiencies. If any
deficiencies are discovered, the Property Owner shall correct the
deficiencies. The County Engineer shall reinspect the improvements after
notification from the Property Owner that said deficiencies have been
corrected. If the County Engineer finds that the improvements are
constructed according to County standards, he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer for acceptance of
improvements within the USR, the Board of County Commissioners shall
fully accept said improvements.
6.3b Upon completion of the construction of the required on-site
improvements, and the filing of a Statement of Substantial Compliance,
when necessary, by Property Owner's engineer, the Property Owner may,
as set forth in Section D.4.0, request in writing that the County inspect the
improvements and recommend to the Board of County Commissioners
that the improvements be accepted if collateral had been initially posted
v m o for the improvements, and further that the two-year warranty period begin.
4, Upon completion of the two-year warranty period, the County Engineer
„Nom� and/or the Weld County Department of Planning Services shall, upon
request of the Property Owner, inspect the subject improvements, and
znm notify the Property Owner of any deficiencies. If any deficiencies are
discovered, the Property Owner shall correct the deficiencies. The County
JW
;'3A Engineer and /or the Department of Planning Services shall reinspect the
" improvements after notification from the Property Owner that said
- o�N deficiencies have been corrected. If the County Engineer and/or
- ,ID
o Department of Planning Services find that the improvements are
constructed according to County standards, he or she shall recommend full
„mni acceptance. Upon a receipt of a positive unqualified written
ram recommendation from the County Engineer and/or the Department of
-r—. Planning Services for acceptance of improvements within the USR, the
Board of County Commissioners shall fully accept said improvements.
or0
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7.0 General Reauirements for Collateral: (Currently no on-site collateral for MUSR14-0015
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)Proiect Collateral
for completion of all improvements described in this Agreement shall be
provided for off-site improvements with no on-site collateral for
MUSR14-0015 required at this time. Possible future on-site collateral may
be required by County, should the Property Owner revise conditions of
operation in the future. (2) Warranty Collateral required for all
improvements during the warranty phase; and (3) Road Maintenance
Collateral (If Applicable)to be kept in place for the life of the permit.
7.2 Project Collateral submitted to Weld County to guarantee completion of
the improvements indentified on the accepted Construction Plans and
MUSR14-0015 Plat Map and further enumerated in the costs listed in
Exhibit "A," must be equivalent to One-Hundred Percent (100%) of the
value of the improvements as shown in this Agreement This collateral
must be submitted to County upon the execution of this Agreement,or at a
time determined acceptable by the Board of County Commissioners, and
shall be held in total by County as provided in Paragraph E. 7.3 below
until all improvements have been completed
7.3 Warranty Collateral for all off-site improvements shall be submitted to
County and shall be held in total by the County for two(2)years following
its written acceptance of the improvement(s).
7.4 In the event Property Owner fails to adequately complete and/or repair
improvements associated with this Improvements Agreement, County will
access, in its sole discretion, Project or Warranty Collateral to the extent
necessary to complete said improvements or repairs in order to preserve
m 4a public interest.
a7.5 Road Maintenance Collateral shall be submitted to County upon the
ce'aq 6-,
release of the warranty collateral by the Board of County Commissioners
a" 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.s�
`tee associated with the designated haul route.
f""
If no Project Collateral was initially submitted, Road Maintenance
=8-no) Collateral shall be submitted at the time of approval for this Agreement or
W"«:, at such time that approved MUSR14-0015 activities are initiated. If the
ar mN County has accepted a Corporate Guaranty as collateral pursuant to Weld
County Code Sec. 2-3-30.D. Road Maintenance Collateral shall be
-C2
submitted at the time of approval of the Improvements Agreement or at
such time that approved permit activities are initiated. The submitted
-1414
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amount shall be $3,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads, and the
amounts will be listed on Exhibit"A"- Cost Sheet (OFF-SITE).
Road Maintenance Collateral shall be held by County as long as this
Agreement is in effect and returned to Property Owner upon vacation of
associated land use agreement or permit. The Road Maintenance
Collateral will only be accessed by County, if following notification to
Property Owner of required roadway safety related repairs, Property
Owner fails to perform said repairs within the time allowed in County's
notification. If any of this collateral shall be collected by County, Property
Owner shall replace the amount, plus interest, within six(6)months.
7.5.1 Road Maintenance Collateral Option (For Materials Haulers):
In lieu of cash collateral, Property Owner may submit funds
quarterly to Weld County, at a rate of ten (10) cents per ton, based
on the amount of processed material leaving the site. These funds
will be escrowed by the County and utilized for roadway repairs
specific to the USR's designated haul route. The first payment of
funds will be due three months after the initial sale of materials
from the USR site. Subsequent quarterly payments will be
deposited in the associated escrow account until the USR permit is
terminated. Utilization of this collateral option will negate any
further obligations of the Property Owner to participate in any
future maintenance and/or improvements projects for the
associated Haul Route. Upon vacation of the USR for this facility
and following determination by Public Works staff that no
immediate repairs are required for the Haul Route, any remaining
funds in the escrow account will be returned to the USR Permittee.
7.5.2 Road Maintenance Collateral (For Off-Site Dust Control —If
Applicable):
The total costs for materials and application, will be listed on
. m Exhibit"A" (OFF-SITE) — Dust Control, of this agreement. These
en funds will be utilized by the County for roadway applications
yea specific to the USR's designated haul route, only if the Property
�a Quuii Owner does not adhere to the requirements for dust suppression as
Nair m specified in Section A.6.0 of this agreement. Following completion
m of all construction phases, and/or upon vacation of this USR, and
am
following determination by Public Works staff that no immediate
repairs are required for the Haul Route, any remaining Dust
W a3N
Control collateral will be returned to the USR Permittee.
�o rJ
a—a^ u 7.6 Acceptable Project Collateral shall be submitted by the Property Owner
C oN upon execution of this Agreement, as herein defined.
„riflla
bag 7.6.1 No grading or building permits shall be issued for any site related
s-
activities, on the property and no Site Preparation shall commence
re_2 13 of 22
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until cost estimates for all improvements are updated, and the
development plans are revised to comply with all current County
standards, policies and regulations, except with prior County
consent. The improvements shall be completed within the time
schedule set forth in Exhibit "B", which is attached hereto and
made a part of this Agreement. "Site Preparation" shall mean
earthwork grading or performance of work, or construction or
installation of improvements related to Property Owner's
operations pursuant to MUSR14-0015 that require a grading or
building permit from the County pursuant to the Weld County
Code. In the event that the Improvements outlined in this
Agreement and Exhibit A are not completed within one year of the
execution of this Agreement Weld County may require Property
Owner to obtain current cost figures for one or more of the
Improvements.
7.7 Collateral may be in the form of an irrevocable letter of credit(LOC)in an
amount equivalent to one-hundred percent(100%) of the total value of the
improvements set forth in the Improvements Agreement and the Plat; the
LOC shall be subject to the requirements of Weld County Code Section 2-
3-30 B. The Property Owner shall utilize only a County approved form
when obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF
CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO). A copy of said form shall be provided to
Property Owner upon request.
7.8 Collateral may be in the form of a corporate guaranty given by a legal
entity in good standing and authorized to do business in the State of
Colorado or the applicable governmental licensing agency of the
Guarantor's state of incorporation,in an amount equivalent to one hundred
percent (100%) of the value of the improvements set forth in the
Improvements Agreement and the Plat. The corporate guaranty shall
WCma, 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
7oeco approved form when obtaining a corporate guaranty: (CORPORATE
GUARANTY FOR BOARD OF COUNTY COMMISSIONERS OF
"N WELD COUNTY, COLORADO). A copy of said form shall be provided
rt.); to Property Ownerupon request.
� 0 P rtY 9
m
n=" 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
;N°+ in the Improvements Agreement and the Plat. The surety bond shall
-..-
conform to and be subject to the requirements of Weld County Code
earn Section 2-3-30 B.4. The Property Owner shall utilize only a County
s o approved form when obtaining a surety bond: (PERFORMANCE BOND
sac
FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
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COLORADO). A copy of said form shall be provided to Property Owner
upon request.
7.10 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to One Hundred Percent (100%) of the value of the
improvements set forth in the Improvements Agreement. In the event the
Property Owner is required to warranty the improvements, the Property
Owner shall replace the original deposit with a deposit in the amount of
fifteen percent (15%) of the original amount and those funds shall remain
available to the County until released by the County at the end of the
warranty period.
7.11 The Board of County Commissioners reserves the right to reject collateral
which is deemed inappropriate or insufficient, which may be either as
collateral in the form of a letter of credit offered by a banking institution
which does not have at least a"three star" rating given by Bauer Financial,
or as collateral in the form of a performance bond offered by an insurance
company which does not have at least a B+ rating given by A.M. Best, or
as collateral in the form of a corporate guaranty offered by a legal entity
which does not have a rating classification of 5A, 4A, or 3A, and does not
have a Composite Credit Appraisal of 1, 2, or 3 given by Dun and
Bradstreet Credit Rating Reports. If the Applicant meets all of the
requirements provided in the previous sentence regarding a corporate
guaranty, the Board may then decide whether acceptance of a corporate
guaranty agreement is appropriate under the circumstances. The Board
may consider (1) the value listed in the improvements agreement, (2) the
net worth of the Guarantor, (3) the Applicant's history regarding
successful local projects, and (4) anything else the Board deems relevant
and appropriate for consideration for a corporate guaranty as a form of
acceptable collateral. The Board further reserves the right to require
Property Owner to obtain replacement collateral if the rating of the
financial institution providing said collateral drops below the levels stated
above. Replacement collateral shall be submitted by Property Owner
MI a m oo within sixty (60) days of the Board's notice to Property Owner that the
x- <Ncn rating has fallen and that the collateral must be replaced. Property Owner
Toral may not terminate existing collateral until replacement collateral has been
secured.
Om
- ,1d 8.0 Request for Release of Collateral: Collateral shall be released in accordance with
g;3n the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire
" project or for aportion of the project by Weld County, the Property Owner must present a
P J P ] ty, P rtY
Y o T, Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The
a� o Statement of Substantial Compliance shall state that the project or a portion of the project has
-.'m" been completed in substantial compliance with accepted plans and specifications documenting
✓amN the following:
ez
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8.1 The Property Owner's Engineer or his representative has made regular
on-site inspections during the course of construction and the construction
plans utilized are the same as those accepted by Weld County.
8.2 For the improvements to public rights-of-way or easements, test results
must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials
sampling,testing and inspections found in CDOT Materials Manual.
8.3 "As-built"plans shall be submitted at the time the letter requesting release
of collateral is submitted or at such time as the Property Owner has
completed improvements as shown on the MUSR14-0015 Accepted
Construction Plans and Plat Map, and shall be stamped and approved by
an Engineer registered in the State of Colorado, if an Engineer was
initially required for the project. The Property Owner's Engineer shall
certify that the project "as-built" is in substantial compliance with the
plans and specifications as approved, or that any material deviations have
received prior written acceptance from the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
8.5 A letter must be submitted from the appropriate Fire Authority, if
applicable, indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are operational
and, if required by the County, state the results of fire flow tests.
8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the
final Construction Plans.
8.7 Following the submittal of the Statement of Substantial Compliance and
.i written recommendation of acceptance of the improvements by the Weld
J County Department of Planning Services and the Weld County
1.Mxw� Department of Public Works, the Property Owner (if Property Owner has
�a�� supplied any or all of the collateral) may request release of the collateral
q°,e' for the project or portion of the project by the Board. This action will be
E nm taken at a regularly scheduled public meeting of the Board.
t'3"• 8.8 Following the written request for partial release of the "Project
A
Collateral", the Weld County Department of Planning Services and the
o e m Weld County Department of Public Works County shall inspect the on-site
m" a and/or off-site improvements. If the improvements require mitigation or
W'mw further repairs are required, said work must be completed prior to the
a•
m"' partial release of "Project Collateral". For all off-site improvements
S (including improvements to public rights-of-way or easements), the
written request for release of"Project Collateral" shall be accompanied by
ar 16 of U:Engineering\PLANNING-DEVELOPMENT REVIEW\-2014 Planning 22
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"Warranty Collateral" in the amount of fifteen percent (15%) of the value
of the improvements as shown in this Agreement.
8.9 Following the written request for release of the "Warranty Collateral", the
Weld County Department of Planning Services and the Weld County
Department of Public Works County shall inspect the improvements. If
the improvements require mitigation or further repairs are required, said
work must be completed prior to the conclusion of the Warranty period.
The "Warranty Collateral" shall be released to the Property Owner
following the expiration of the warranty period upon final written
acceptance by the Board of County Commissioners.
8.10 For all off-site improvements (including improvements to public rights-of-
way or easements), the written request for release of "Warranty
Collateral" shall be accompanied by "Road Maintenance Collateral" (If
Applicable) as specified in Section E.7.5 of this Agreement. "Road
Maintenance Collateral" for roads associated with the designated haul
route shall be maintained as long as the USR is active.
9.0 Successors and Assigns: This Agreement may not be delegated, transferred or
assigned in whole or in part by Property Owner without the express written consent of County
and the written agreement of the party to whom the obligations under this Agreement are
assigned. Property Owner's release of its obligations shall be accomplished by County's
execution of a new Improvements Agreement with the successor owner of the property. (See
paragraphs F. 1.2 and 2.2 below) Consent to a delegation or an assignment will not be
unreasonably withheld by County. In the event of sale of the Property, County may agree to
release Property Owner in whole or in part from obligations under this Agreement. County's
rights and obligations under this Agreement shall automatically be delegated, transferred or
assigned to any municipality which, by and through annexation proceedings, has assumed
jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the
terms and conditions set forth in this Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of Property Owner, and upon recording by the
MI,m� County, shall be deemed a covenant running with the land herein described.
Ta
refer to mN 10.0 County Engineer: All references in this Agreement to "County Engineer" shall
the any individual or individuals appointed by the County Engineer to act on his/her
""' behalf.
flm
�x9d 11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has
5%,„3,1 violated any of the terms of this Agreement, County shall notify Property Owner of its belief that
gip.. the Agreement has been violated and shall state with specificity the facts and circumstances
ircr
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
mw have elapsed, County believes in good faith that there has been a violation of the terms of this
amN 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.
17of22.
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- AgreementMUSR14-0015-Turnpike LW Part 2.Oren.Provisions Final IA(10-14-14).docx
F. Termination of Agreement:
1.0 Termination Event: This Agreement shall terminate upon the earliest of the
following events:
1.1 Cessation of all Permit Related Activities. Termination of this Agreement
shall occur upon Operator's complete cessation of all activities permitted under
MUSR14-0015 or any amendments thereto. A partial cessation of activities shall not
constitute a Termination of this Agreement, nor shall County's issuance of a partial
release constitute a Termination. Operator shall provide written notice to Property Owner
and County of said cessation of activity, which County shall then verify. If written notice
is not provided to County, Termination of this Agreement shall not occur until County
has determined that the Use by Special Review is inactive, which shall be three(3) years
following County's observance of the cessation of activities, as provided in Sec. 23-2-
200.E of the Weld County Code.
1.2 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — MUSR14-0015 by New Property
Owner: This Agreement shall terminate following County's execution of a new
Improvements Agreement According to Policy Regarding Collateral for Improvements —
MUSR14-0015 with a new Property Owner who has purchased the Property, and intends
to make use of the rights and privileges available to it through the then existing USR
1.3 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — MUSR14-0015 by New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements—MUSR14-0015
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:
M i m m 2.1 Termination Procedures Following Cessation of Permit Related Activities:
M;;;;"„
Following the events outlined in paragraph 1.1 above, County shall conduct its annual
Co mN road inspection. Said road inspection shall be conducted on or before May 31 following
a the announcement or determination of the cessation of permit related activities on the
Property. The results of the inspection shall be delivered in writing to the Property Owner
and Operator. If the County determines that pursuant to the terms of this Agreement, the
'n Operator must complete any of the improvements and/or road maintenance obligations
a'a outlined herein, said obligations must be completed within a reasonable period of time
—N thereafter, but in no event later than six (6) months following the determination that
-at" permit related activities have ceased. Collateral shall not be released by County until such
Pit �
m time as county determines that all of the improvements have been completed.
WoSN
m 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
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Operator, the Property Owner or Operator shall, prior to the transfer, provide County with
a written Notice to Transfer, stating the date of transfer, and identifying the party to
whom the transfer shall be made. Following receipt of the Notice to Transfer, County
shall inspect the improvements required under the terms of this Agreement to determine
whether the improvements have been completed. If the improvements have not been
completed, the Property Owner and/or Operator shall either complete the improvements
or post collateral equal to the cost of the completion of the improvements, if such
collateral is not in place. If collateral is available at the time, County shall hold a hearing
to determine whether the collateral should be called upon to pay County or a contractor
of the County to complete the improvements. County shall also inspect the road(s) which
are covered by this Agreement to assess the current condition of the road(s) and
determine whether Operator and/or Property Owner would be required to perform road
maintenance within the following twelve months had the Agreement not been assigned. If
road maintenance is, in the opinion of County, required, Property Owner and/or Operator
shall be required to either perform the road maintenance or to post collateral equal to the
cost of said maintenance. County shall not execute a new Improvements Agreement
According to Policy Regarding Collateral for Improvements — MUSR14-0015 with a
successor Property Owner and/or Operator prior to the performance of the road
maintenance or the posting of collateral for said maintenance, unless the new Property
Owner and/or Operator posts collateral for the required maintenance.
3.0 Consequence of Termination by Cessation of Permit Related Activities:
Following County's confirmation that Property Owner and/or Operator has/have ceased all
permit related activities and has/have completed previously uncompleted Improvements and or
completed any required road maintenance, County shall release Property Owner and/or Operator
from all further obligations under this Agreement. No Further permit related activities shall be
permitted unless and until approved by County following execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — MUSR14-0015 with a
Property Owner and Operator.
4.0 Consequence of Termination by Execution of Replacement Improvements
Agreement: Following County's execution of an Improvements Agreement According to
mama Policy Regarding Collateral for Improvements — MUSR14-0015 with a successor Property
Owner and/or Operator, the predecessor Property Owner and/or Operator shall have no further
M'o:" -(:0
rights and/or obligations under this Agreement or in MUSR14-0015.
oN
aoU so
ta 5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that
t=° activities related to MUSR14-0015 cease as a result of the revocation of the permit as described
■ .ma-V
Dm in Section E.11.0 of this Agreement, neither Property Owner nor Operator will be released from
gaa! 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
aaccesses the collateral to the extent necessary to complete improvements County, in its sole
F :, discretion, deems necessary to preserve public interests.
�mt9N
Was G. Governmental Immunity: No term or condition of this agreement shall be construed or
MO
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.
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K 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 24-40 of the Weld
County Code. Violations of the terms and conditions of this Agreement include, but are not
limited to, violations of the agreements Property Owner must enter into as required by this
Agreement, and/or failure to enter into such agreements in a timely manner.
I. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever by any other person
or entity not included in this Agreement. It is the express intention of the undersigned parties that
any person or entity, other than the undersigned parties, receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
J. Authority to Sign: Each person signing this Agreement, and associated Exhibits,
represents and warrants that he or she is duly authorized and has legal capacity to execute and
deliver this Agreement. Each party represents and warrants to the other that the execution and
delivery of the Agreement and the performance of such party's obligations hereunder have been
duly authorized and that the Agreement is a valid and legal agreement binding on such party and
enforceable in accordance with its terms. If requested by the County, Property Owner shall
provide the County with proof of Property Owner's authority to enter into this Agreement within
five(5)days of receiving such request.
4075885 Pages: 24 of 32
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 Wain ':Allveh l4'h I WI kW HI 11111
20 of 22
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Agreement\MUSRl4-0015-Turnpike LLC Part 2.Gen.Provisions Final IA(10-14.14).docx
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY
OWNERS:
SIGNATURE
PRINTED NAME O (6'/ ,Ovw�v
TITLE (If Applicable) OV/ter
STATE OF COLORADO )
) ss.
County of Weld ) f
The re oing instrument was acknowledged before me this 7 day of IJovemLt-v
2014L.1 Levi 'frThus .i r�
W4%SS'my hand and official seal. O (1
` /J�
�� =r�+ Notary Public
ai e/
�� Ic .. '. I (� - II �-
My con ur qs Expires:
SIGNATURE
PRINTED NAME
TITLE (If Applicable)
STATE OF COLORADO )
�daa ) ss.
N- 4 County of Weld )
TGalamN
'-ter The foregoing instrument was acknowledged before me this day of
r=m 2014, by
J01
maa3N WITNESS my hand and official seal.
F 1°A
pN
8 oil Notary Public
_am o,
FAN My commission Expires:
am
5c2 21 of 22
UdEngineering`PLANNING-DEVELOPMENT REVIEW-2014 Planning ReferralsAIUSR14'MUSR14-0015 Turnpike LLC\improvement+
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LESSEE(If Applicable):
SIGNATURE
PRINTED NAME
TITLE
STATE OF COLORADO )
ss.
County of Weld )
The foregoin nstrument was acknowledged before me this athday of�)aCI al+v
2014,by 7)0u, ,nAin larho5L !'ha Ai. tahrl C5 dc/)tm.idd malt t
WITNESS my hand and official seal. r lJ�
FI Q, Qn
No blic
My commission Expires: /Int;Qhy .2a/ .2016-'RAFAELA ALICIA MARTIN JJ
NOTARY PUBLIC
STATE 0FID2 O
BOARD OF COUNTY COMMISSIONERS
NOTARY ID R20144002878SJ,MMR WELD COUNTY,COLORADO
Mr oawnsswN E>�IREs,wNlw:+r n,tote
ATIEST:
��aeYj+r .0 as Radem er, Chair
WeldCsuntyClerktotheBo: d
B - at _ :--�.< N4I
Deputy C erk to the Board
APPROVED AS TO FORM:
County Attorney
4075885 Pages: 26 of 32
01/15/2015 10:47 AN R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Ell leriNARCI 4JCwtltl4hl#yCiliMillft! IW' OM
22 of22
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Agreement\MUSR14-0015-Tunrpike LLC Part 2.Gen.Provisions Final IA(10.14-14).docx
�j EXHIBIT A- Cost Sheet (OFF-SITE) VG
e or
Name of Facility: /10 5g /4/- a O J c Filing/Case#: Location: V :7G G/� of
Personnel Contact:Name( ie �U.65t- tc tnp?/4 a C. Title: OG✓her Phone:'770-39/Yt%z
Intending to be leaky bound,the anden%nedApplicant hereby agrees to provide throughout this facility the following improvements.
Improvements (OFF-SITE)
(Leave spaces blank where they do not apply)
Ouantitv Units Unit Costs($) Palmated Construction
Cost(S)
'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) 3 r�
Dust Control(per Sec.E.-7.5.2)
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 40755/2015 10:47 885 9 011/ AM R Fee:$0$0.00 —
Handicap Accessibility,Parking& Rails Carlyp Koppes Clerk and
Relcforderrl, Weld tCCounitlyy,, CO1
Septic Systems ,III Ri�'1�i�il NYft f'ar�IRY 1+1,0 CPA II'Y DK id 11111
v% z i e,s, . ?" s ce x r•
SUB-TOTAL: "�;'�� ,'✓ ;t r s, ,., ,�. oi,2. ! t , `<,� ` xt�
(testing,inspection,as-milt plans and work in adc Mon to preliminary and
Engineering and Supervision Costs($) final plat;supervision of actual construction by contractors)
sr
7 /
TOTAL ESTIMATED COST OF IMPROVEMENTS,ENGINEERING AND SUPERVISION ($) 3GGXJ
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 improvem is shall be completed according to the construction schedule set out in Exhibit B
By:
Appl. Ot/R't.7 Date /1-7 ,20 /
Title
By:
Applicant
Date ,20
Title
4075885 Pages: 28 of 32
01/15/2015 10:47 R11 R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
����KAltI 14GtiuYti, PiMN, lull
. . . . . . . . . . . . . . . . . . . . .: : : �I�H�BC.I'.�i►�:Givat�seE��131US1�'E'�: : : : : : : : : :�:�:�:�:�:�:�:�: :�:�: : : : :
Name of Facility: Filing/Case#: Location:
Personnel Contact:Name Title: Phone:
Intending to be legacy bound the undersipnedApjleant hereby agrees t provide throwrhout this�aeilitt the foaowin4 improvements. .
Improvements
(Leave spaces blank where they do not apply
Quantity ...Units Unit Costs($) F+Nmated Comtruction
Cost($1
jPUBLIC 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(per Sec. E.7.2)
Erosion Control Measures/BNIP's
Road Maint.Collateral(per Sec.E.7.5)
Dust Control(per Sec.E.7.5.2)
Fire Hydrants
Survey,Street Monuments/Boxes
jPLANNING SERVICES I,
Parking Area,Curb Stops,Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping,Seeding,Trees,etc.
4075885 Pages: 29 of' 32
Park Improvements 01/15/2015 10:47 AM R Fee:$0.00
Carly Koppes, Clerk
`and�Recorder, Weld County,
thy, CO
Handicap Accessibility,Parking& Rails ,III M1� K"li��111T'i�ili�`'��iiirliAlf I�WAIN 11111
Septic Systems
SUB-TOTAL: g r:
(Testing,inspection,as- ullt plans and work in ad Ilion to preliminary and
Engineering and Supervision Costs(5) final plat;supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS,ENGINEERING AND SUPERVISION (5)
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
By:
Applicant
Date ,20
Title
By:
Applicant
Date ,20
Title
4075885 Pages: 30 of 32
Carly Koppes, Clerk 01/15/2015 10:47 AM R Fee:E0.00
and
Yd ffJ1�W�County,
14 II III
EXHIBIT B - Time Schedule (ON-SITE) & (OFF-SITE) /
Name of Subdivision,PUD,USR,RE,SPR: /"l v5 ,/7 '.C/J Filing/Case#: Location: Y4.2fe `'J"Intending to be legally bound the undersigned Applicant hereby agrees to provide throughout this facility the following improvement&
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do not apply) O N-( SITE! fOFFSITEI
IPUBLIC WORKS] —
Site Grading
Street Grading
Street Base,Gravel for Parking
Street Paving
Pavement Marking
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access
Erosion Control Measures/BMP's
Fire Hydrants
Survey,Street Monuments/Boxes
IPLANNING SERVICES j
Parking Area,Curb Stops,Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping,Seeding,Trees,etc.
Park Improvements
Handicap Accessibility,Parking&Rails
Septic Systems
Final Completion Date for Entire Project lift
.2. CO
b//-
4075885 Pages: 31 of 32
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Carly Koppes: Clerk and Recorder, Weld County, CO
VIII 1/4 IA EIIII
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:
pplic �
e_itee Date l/ — 7 20 /7/
Title
By:
Applicant
Date 20
Title
•
4075885 Pages: 32 of 32
01/15/2015 10:47 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII!ø" VR N'IL'h 11IY 1P L' 'AMIE 11111
O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx
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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1686 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (CUSTOM SEEDING BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT-TURNPIKE LIMITED LIABILITY COMPANY
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 1st day of
April, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Turnpike Limited Liability Company, 3964 Highway 79, Keenesburg, Colorado
80643, for a Site Specific Development Plan and Use by Special Review Permit #1686 for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (custom seeding business) in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption #1514; being part of
the NW1/4 of Section 9, Township 1 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Corey Huwa, 43031 State
Highway 52, Roggen, Colorado 80652, at said hearing, 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
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." Section 22-2-20.0.1 (A.Policy 7.1) states, "County land use
regulations should support commercial and industrial uses that are
2009-0721
PL2004
0i2 .' fG G7,) i/c(f-7D) /CY _ i`(e7;' - 68
SPECIAL REVIEW PERMIT#1686 -TURNPIKE LIMITED LIABILITY COMPANY
PAGE 2
directly related to, or dependent upon, agriculture, to locate within the
agricultural areas, when the impact to surrounding properties is minimal,
or can be mitigated, and where adequate services are currently available
or reasonably obtainable." The proposed use is directly related to the
agricultural industry and supports the applicant's 6,000-acre family
farming operation. The business is located approximately 1,200 feet from
the County Road and is approximately 1,400 feet from the nearest
residence. The applicant has planted trees to screen the outdoor parking
areas from the surrounding properties; therefore, the impacts on the
surrounding area have been minimized.
b. Section 23-2-2302.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.R of the Weld County
Code allows for A Site Specific Development Plan and Use by Special
Review Permit for a Use Permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts,
(custom seeding business) in the A (Agricultural) Zone District. Currently,
the property is in violation (ZCV08-00125) for the presence of a custom
seeding business without an approved and recorded Use by Special
Review (USR) permit. Upon approval of the USR, the violation will be
closed.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties to the north, south, east, and west are zoned A (Agricultural)
and are primarily utilized for single family homes and agricultural uses.
Therefore, given the minimal impact of the proposed custom seeding
business, the use will be compatible with the surrounding agricultural land
uses.
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 property is not located within an Intergovernmental
Agreement area, but does lies within the three-mile referral area for the
Town of Keenesburg. The Town of Keenesburg, in the referral dated
December 17, 2008, indicated it has reviewed the request and finds no
conflicts with its interest. The surrounding area is agricultural in nature,
with several residences in the area. The Conditions of Approval and
Development Standards will ensure that the use will be compatible with
existing surrounding land uses.
e. Section 23-2-2302.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the
County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee, but not in the Stormwater/Drainage Impact Fee area. Effective
2009-0721
PL2004
SPECIAL REVIEW PERMIT#1686 -TURNPIKE LIMITED LIABILITY COMPANY
PAGE 3
January 1, 2003, building permits issued on the proposed lots will be
required to adhere to the fee structure of the County-Wide Road Impact
Fee Program. Effective August 1, 2005, building permits issued on the
subject site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee Program.
f. Section 23-2-230.8.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The subject site is primarily classified as "Prime Irrigated
Farmlands of National Importance" as delineated on the Important
Farmlands of Weld County Map, dated 1979. This size of the USR
boundary (49.8 acres) is currently developed and, therefore, is not
conducive to agricultural uses. The applicant is currently farming the
remaining 103.76 acres.
g. Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. The Design Standards (Section 23-2-240 of the Weld
County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
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 Turnpike Limited Liability Company for a Site
Specific Development Plan and Use by Special Review Permit #1686 for a Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (custom seeding business) in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1686.
B. The attached Development Standards.
C. County Road 65 is classified by the County as a local gravel road, which
requires a 60-foot right-of-way at full buildout. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. The plat shall
delineate the existing right-of-way and the documents which created it,
along with any additional right-of-way reservation required.
D. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
E. A 60-foot radius for the access on County Road 65.
2009-0721
PL2004
SPECIAL REVIEW PERMIT#1686 - TURNPIKE LIMITED LIABILITY COMPANY
PAGE 4
F. The applicant shall delineate stop blocks for the parking stalls in front of
the office.
G. The width of the access road shall be delineated on the plat, along with
the dimensions of the proposed pole barn.
H. State Highway 52 requires 150 feet of right-of-way at full buildout. A total
of 75 feet from the centerline of State Highway 52 shall be delineated as
future right-of-way for the future expansion of State Highway 52. The plat
shall delineate the existing right-of-way and the documents which created
it, along with any additional future right-of-way required.
I. The applicant shall define the property boundary for the site.
J. The applicant shall delineate the trash collection areas. These areas
shall be designed and used in a manner which will prevent trash from
being scattered by wind or animals.
K. The applicant shall include, on the plat, the existing bridge located
approximately 80 feet from the access, and the existing irrigation ditch on
the property adjacent to County Road 65.
2. The applicant shall address the requirements and concerns of the Weld County
Department of Public Works, as stated in the referral response dated January 12,
2009, and E-mail dated February 24, 2009. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
3. The applicant shall submit, to the Weld County Department of Planning Services,
a recorded copy of the easement for the commercial well, including access and
operation maintenance of the well. This agreement shall be delineated on the
plat and an appropriate certificate using the language set forth in the Weld
County Code, Appendix 24-F.E, shall be included.
4. A copy of the pesticide applicator's license, from the Colorado Department of
Agriculture, shall be provided to the Environmental Health Services Division of
the Weld County Department of Public Health and Environment. Written
evidence of approval by the Weld County Department of Public Health and
Environment shall be submitted to the Weld County Department of Planning
Services.
5. The applicant shall submit evidence of a Colorado Discharge Permit System
(CDPS) from the Water Quality Control Division of the Colorado Department of
Health and Environment for any proposed discharge into state waterways, if
applicable. Written evidence of approval by the Weld County Department of
Public Health and Environment shall be submitted to the Weld County
Department of Planning Services.
2009-0721
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SPECIAL REVIEW PERMIT#1686 -TURNPIKE LIMITED LIABILITY COMPANY
PAGE 5
6. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or, show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes may be delineated on the plat, in accordance
with the State requirements, as an attempt to mitigate concerns. The plat shall
be amended to include any possible future drilling sites.
7. The applicant shall submit a Private Improvements Agreement According to
Policy Regarding Collateral and an itemized bid for all improvements to the Weld
County Department of Planning Services. The agreement and form of collateral
shall be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the Use by Special Review plat. Alternately,
the applicant may submit evidence that all the work has been completed and
approved by County staff.
8. Upon completion of Conditions of Approval #1 through #7 above, the applicant
shall submit a Mylar plat, along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The plat
shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. The Mylar plat and additional requirements shall be
submitted within thirty (30) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
9. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required thirty (30) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
10. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. 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.
11. 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.
2009-0721
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SPECIAL REVIEW PERMIT#1686 -TURNPIKE LIMITED LIABILITY COMPANY
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of April, A.D., 2009.
�>•�� BOARD OF 'UNTY COMMISSIONERS
e
jai
1 / w •' • . ' , COLORADO
�
ATTEST: t• iti i �`�"•,:. . ♦:
-- 1�M Iliam F. Garcia, Chair
Weld ounty Clerk to the B� r•. ;ea%%
' `4- \ .� ,'Douglas "ademach r, Pro-Tem
BY: C It t1-2-(LI (Jae
Dept Clerk the Board EXCUSED
Se n P. Conway < .
I
APPf�O AO-O F ,UL-
arbara Kirkmr ,
ounty Attorney
David E. Long
Date of signature: LI kJ locj
2009-0721
PL2004
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TURNPIKE LIMITED LIABILITY COMPANY
USR#1686
1. A Site Specific Development Plan and Use by Special Review Permit#1686 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts, (custom seeding business) in the
A (Agricultural) Zone District, and 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. 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.
4. 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.
5. 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.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
10. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
11. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
12. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
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DEVELOPMENT STANDARDS - TURNPIKE LIMITED LIABILITY COMPANY (USR #1686)
PAGE 2
13. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling, and in a manner that
minimizes the release of hazardous air pollutants and volatile organic compounds.
14. Any vehicle washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
15. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
16. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
17. This application is proposing a well as its source of water. The applicant shall be made
aware that while it may be possible to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be
made aware that groundwater may not meet all drinking water standards, as defined by
the Colorado Department of Public Health and Environment. The applicant is strongly
encouraged to test the drinking water prior to consumption and periodically test it over
time.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
20. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee Program.
21. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration, development, completion, recompletion, re-entry, production,
and maintenance operations associated with existing, or future, operations located on
these lands.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. A building permit shall be obtained prior to the change of use or construction of any new
structures.
25. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. The applicant shall
2009-0721
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DEVELOPMENT STANDARDS - TURNPIKE LIMITED LIABILITY COMPANY (USR#1686)
PAGE 3
include a Code Analysis Data Sheet, provided by the Weld County Department of
Building Inspection, with each building permit submittal. Plans shall include a floor plan
showing the specific uses of each area for the building. The Occupancy Classification
will be determined by Chapter 3 of the 2006 International Building Code. The plans shall
also include the design for fire separation and occupancy separation walls, when
required by Chapters 5 and 7 of the 2006 International Building Code. Fire Protection
shall conform to Chapter 9 and the exiting requirements of Chapter 10.
26. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
27. All building plans shall be submitted to the Southeast Weld Fire Protection District for
review and approval prior to the issuance of building permits.
28. 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.
29. The landscaping on the site shall be maintained in accordance with the approved
Landscape and Screening Plan.
30. The site shall be limited to no more than fifty-five (55) on-site employees.
31. 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 Chapter 15, Articles I and II, of the Weld County Code.
32. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations.
33. 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.
34. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
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DEVELOPMENT STANDARDS - TURNPIKE LIMITED LIABILITY COMPANY (USR#1686)
PAGE 4
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
35. Prior to the Use by Special Review area being leased, transferred, or sold, the applicant
shall apply, in writing, and receive written approval in the appropriate County land
division process (Recorded Exemption, Subdivision, Planned Unit Development, or
Subdivision Exemption).
36. The access to the business shall be located on County Road 65 only.
37. 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.
2009-0721
PL2004
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