HomeMy WebLinkAbout20143420.tiff MEMORANDUM
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TO: Chris Gathman, Planning Services DATE: August 25, 2014
✓/ 1 !! �� �` FROM: Donald Carroll, Engineering Administrator
Val - Y Public Works Department
SUBJECT: USR14-0034, Diamond Valley Energy Park
do Tekton Energy (Tank Farm/Truck Loading)
The Weld County Public Works Department has reviewed this proposal. This project falls under
the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4,
Section 23. Staff comments made during this phase of the Use by Special Review process may
not be all inclusive; as other issues may arise during the remaining application process.
COMMENTS:
Weld County Functional Classification Map: (Revised Feb. 9, 2011 —Amended 10/2011)
Eastman Park Drive (CR 66) is a collector road and requires an 80-foot right-of-way at full build
out. There is presently a 60-foot right-of-way. This road is maintained by the Town of Windsor.
Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required
setback is measured from the future right-of-way line. The applicant shall delineate or dedicate
an additional 10-foot of right-of-way parallel to the CR 66 right-of-way for future build-out.
REQUIREMENTS:
Road Access:
Eastman Park Drive (CR 66) has been annexed by the Town of Windsor. Access and right-of-
way requirements will be determined by the Town.
Noxious Weeds:
Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180 of the Weld County Code
Traffic Narrative:
All of the haul traffic (100%) will come in from the west via Eastman Park Drive. Haul traffic will
leave to the west on Eastman Park Drive, south on Highway 257, west on to Crossroads Blvd.
or Highway 34, and ultimately to 1-25. Volume is approximately 20 trucks every 24 hours.
There is no parking or staging of vehicles on CR 66. Use on- site parking.
Drainage Report:
The applicant submitted a Drainage Plat with WQCV calculations from TST Consulting
Engineers.
All stormwater runoff from the proposed facility will be collected and conveyed to a proposed
retention/water quality pond prior to being released from the site. Contact Jennifer Petrik, P.E.,
Development/Planning Drainage Engineer for review and to check your drainage calculations.
(970-356-4000, ext. 3552)
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Grading Permit: If more than one acre is to be disturbed, a Weld County Grading Permit will be
required prior to the start of construction.
Improvements and Road Maintenance Agreement: Check with the Town of Windsor for off-
site roadway improvements. Contact Rich Hastings, Compliance Specialist, for on-site
improvements with Weld County. He can be reached at 970-304-6496, ext. 3727.
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Diamond°/20Valley°/20Energy°/20Park°/20c%20o%20Tekton°/20Energy[1].docx
MEMORANDUM
✓ I
EL
N T Y �Y TO: CHRIS GATHMAN, PLANNING SERVICES
a FROM: HEA THER BARBARE, ENVIRONMENTAL HEALTH
SUBJECT: USR14-0034, DIAMOND VALLEY OIL TERMINAL
DATE:JULY 18, 2014
Environmental Health Services has reviewed this proposal for the expansion of a crude
oil terminal facility. Crude oil will enter the facility pipelines, and will leave the facility via
tankers. There will be up to 5 operating personnel employees onsite at any given time.
The facility is intended to operate 24/7.
The site is served by an existing septic system and an existing well. The applicant is
proposing to use the existing septic system and portable toilets until Town of Windsor
sewer is connected. The septic system will require engineer review. The applicant will
need to submit documentation from the Colorado Division of Water Resources that the
existing well is approved for commercial use.
An Air Pollution Emission Notice (APEN) and Emissions Permit application has been
submitted to the CDPHE Air Pollution Control Division.
The dust abatement plan stipulates that after construction, disturbed areas will be re-
vegetated, recycled asphalt will be used as pavement, and water will be utilized to
suppress dust.
A Spill Prevention Control and Countermeasure plan (SPCC) will be required and the
plan shall be available on site at all times.
We have no objections to the proposal; however, we do recommend that the following
conditions be part of any approval.
1. Prior to allowing the plat to be recorded:
A. In the event the applicant intends to utilize the existing septic system at the
home, for business use, the septic system shall be reviewed by a Colorado
registered professional engineer. The review shall consist of observation of
the system and a technical review describing the system's ability to handle
the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be
inadequately sized or constructed, the system shall be brought into
compliance with current regulations. Alternately, a new septic system may be
installed for business use. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services. (Department of Public
Health and Environment)
B. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that the well is appropriately permitted for
the commercial use.
C. The applicant shall submit documentation that floor drain wastes from any
vehicle maintenance facility is captured in a watertight vault and hauled off for
proper disposal, or is approved by the sewer district to discharge to the
municipal sewer.
D. The applicant shall ensure that any equipment or vehicle washing area(s)
shall capture all effluent and prevent discharges from the washing of vehicles
in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. Equipment and
vehicle washing areas should be designated on the plat.
E. The applicant shall submit a waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health & Environment. The plan shall include at a minimum, the
following:
1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number).
4) Solids and sediment will accumulate in the storage tanks. The waste handling
plan shall include a detailed plan that describes the method of how those solids
will be removed, including all on-site handling procedures.
5) The waste handling plan shall provide a commitment to notify the Weld County
Department of Public Health and Environment in writing, in the event the plan is
amended. The plan shall be reviewed and approved by the Weld County
Department of Public Health and Environment.
2
2. We recommend that the following requirements be incorporated into the permit
as conditions that must be met prior to release of building permits:
A. Detailed Plans for a concrete unloading pad shall be submitted for approval.
A leak detection system shall be designed and installed beneath the concrete
unloading pad(s) and sump(s). Plans shall be submitted to and approved by
Weld County Department of Public Health and Environment.
B. Detailed plans for the concrete secondary containment structure for all
storage and processing tanks shall be submitted for approval. In accordance
with Colorado Oil and Gas Conservation Commission Rule 604, the volume
retained by secondary containment should be greater than the volume of the
largest tank inside the berm and sufficient freeboard to contain precipitation.
3. We recommend that the following requirement be incorporated into the permit as
a condition that must be met one month prior to operation:
A. A PE certified and signed copy of the Spill Prevention, Control and
Countermeasure Plan, prepared in accordance with the applicable provisions
of 40 CFR, Part 112 shall be provided to Environmental Health Services
Division of the Weld County Department of Public Health and Environment.
B. The applicant shall submit documentation to the Weld County Department of
Public Health and Environment that the facility was constructed in accordance
with the application materials.
4. We recommend that the following requirements be incorporated into the permit
as development standards:
A. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed
for final disposal in a manner that protects against surface and groundwater
contamination.
B. 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, 30-20-100.5,
C.R.S., as amended.
C. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with the
approved "waste handling plan", at all times.
D. The applicant shall comply with all provisions of the State Aboveground
3
Storage Tank Regulations.
E. Any vehicle or equipment 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.
F. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
The facility shall operate in accordance with the approved "dust abatement
plan", at all times.
G. This facility shall adhere to the maximum permissible noise levels allowed in
the non-specified Zone as delineated in Section 14-9-30 of the Weld County
Code.
H. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times.
I. Any contaminated soils on the facility shall be removed, treated or disposed of
in accordance with all applicable rules and regulations.
J. A current PE certified and signed copy Spill Prevention, Control and
Countermeasure Plan shall be available on site, at all times.
K. The operation shall comply with all applicable rules and regulations of State
and Federal agencies and the Weld County Code.
4
Department of Planning Services
1555 N 17th Ave
Greeley, CO 80631
COUNTY (970) 353-6100
Weld County Referral
Date: June 30, 2014
Applicant: Diamond Valley Energy Park LLC, do Tekton Energy
Project: A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas
Storage and Oil and Gas Support and Service Facility(oil storage tanks and miscellaneous processing
equipment along with a truck loading platform) in the A(Agricultural)Zone District.
Case Number: USR14-0034
Parcel Number: 080723000044-R0176188
After reviewing the application and documents submitted the Building Department has the following
comments:
A building and electrical permit will be required, per Section 29-3-10 of the Weld County Code, for any
new structures ,additions or renovation to any structures. A building permit application must be completed
and two complete sets of engineered plans. A Code Analysis prepared by a design professional , licensed
bin the Ste of Colorado shall be submitted with permit application. MSDS sheets for all materials stored
shall be submitted with building permit applications.
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2012 International Building
Code; 2012 International Mechanical Code; 2012 International Plumbing Code:; 2012 International Fuel
Gas Code; 2006 International Energy Code; 2011 National Electrical Code; 2009 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code.
RESOLUTION #35 Factory Built Nonresidential Structured CRS 24-32-3305
Every Factory-Built Nonresidential Structure manufactured after the effective date of these regulations
that is manufactured, sold, or offered for sale in this state must display an insignia issued by the Division
of Housing certifying that the unit is constructed in compliance with the standards adopted in schedule "B"
which is incorporated herein and made a part of these Rules and Regulations by reference, and all other
requirements set forth by this resolution.
A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for review and
comments and submitted with Commercial Permit application to Weld County.
All building permit requirements can be found on the Weld County web-site.
www.co.weld.co.us/Building Inspection/Commercial Permits
Frank Piacentino
Department of Building Inspection
From: Chris Gathman
To: "Santos,Anni"
Cc: Johnson, Anne; Wayne Howard; Jennifer Petrik
Subject: FW: USR14-0034 drainage comments
Date: Friday,October 10,2014 9:56:00 AM
Dear Anni,
Wayne Howard with our Engineering department has some questions.... Regarding drainage at the
Diamond Valley Site. Could you please forward this to the engineer at TST as I do not have his
contact information.
Thanks,
Chris Gathrnan
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
. 1
UPI !
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Wayne Howard
Sent: Thursday, October 09, 2014 1:47 PM
To: Chris Gathman; Jennifer Petrik
Cc: Michelle Martin
Subject: RE: USR14-0034 drainage comments
Chris, I have reviewed the submittals here are my comments:
1. The site plan indicates that the water quality feature (WQF) is also a retention pond but yet
it is stated that it will discharge. This would not be a retention pond and Weld County does
not permit retention ponds unless no other options exist. I think this should be called out as
a detention pond. The Drainage Narrative also references retention.
2. The Detention/WQF pond is substantially oversized for the volume shown in the
calculations. The problem with this is the WQF was calculated based upon a 40hr drain time
and storm water is not to be held by State Statutes for longer than 72 hrs. They need to
verify that the water will not be detained longer than 72 hrs with this over sizing.
3. I see an existing 12" pipe located NE of the existing house called out that is suppose to
remain and be used as the pond outlet pipe but I cannot verify by the drawings or call outs
that the culvert will actually drain the WQF pond at the desirable rate with supporting
elevations. If this is not the pipe to drain the WQF then what will allow it to drain?
4. The WQF should be labeled (No Build/No Storage)
5. We will need the Drainage Narrative letter that waives them from the full drainage report
requirements signed and stamped by a Colo. P.E.
Eventually they will need to probably apply for a grading permit and we will be needing a sign and
stamped erosion control plan as well.
I am happy to discuss any of these items with them if they need any other information.
Wayne Howard, P.E.
Development Engineer
Development Review Division
Department of Planning Services
P.O. Box 758, 1555 N. 17th Ave.
Greeley, CO 80632
970-353-6100, Ext. 3551
970-304-6498,fox
Website: http://www.cpweld.c.4.1/5
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Chris Gathman
Sent: Sunday, October 05, 2014 11:12 AM
To: Jennifer Petrik; Wayne Howard
Cc: Michelle Martin
Subject: USR14-0034 drainage comments
Importance: High
FYI: I am drafting my staff recommendation for the USR14-0034 hearing. This has been on hold for a
while due to a transfer of ownership. This is scheduled for the 10/21 Planning Commission hearing.
Don Carroll did the completeness review and referral for this case. See his drainage comments. I am
not sure who will be doing the drainage review/presenting this case.
Chris Gathman
Planner Ill
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
SSG t-
t
UI r '`
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
MEMORANDUM
TO: Chris Gathman DATE: October 13, 2014
l- Cc- T V FROM: Diana Aungst, CFM
SUBJECT: USR14-0034, Extraction Oil and Gas
PROJECT:
A Site Specific Development Plan and Use by Special Review Permit for an oil and gas storage and
transloading facility (oil storage tanks and miscellaneous processing equipment along with a truck loading
platform where oil will be loaded onto trucks for shipping) in the A(Agricultural)Zone District.
PARCEL: 0807-2300-0044
COMMENT:
The site is in the John Law floodplain covers nearly the entire site. Most of the site is designated 100
Year Floodplain and there is a small section designated 500 Year Floodplain. This floodplain is zoned AE.
CONDITION OF APPROVAL:
The applicant shall submit a Floodplain Development Permit (FHDP) for all development activities
located within the special flood hazard area. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including by not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of
equipment and materials. (Department of Planning Services)
DEVELOPMENT STANDARDS:
1. All construction or improvements occurring in the floodplain or floodway as delineated on Federal
Emergency Management Agency (FEMA) FIRM Community Panel Map # 080266-0605D, dated
September 27, 1991, and is part of the John Law Ditch Physical Map Revision (PMR) (2009).
The property owner shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts
59, 60, and 65. (Department of Planning Services)
2. Floodplain development permits will be required for development activities located within the
special flood hazard area. The FEMA definition of development is any man-made change to
improved or unimproved real estate, including by not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment
and materials. (Department of Planning Services)
3. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services)
4. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services)
From: Paul Hornbeck
To: Chris Gathman
Subject: USR14-0034
Date: Friday,October 17,2014 5:07:37 PM
Attachments: 10-17-2014 Signed Extraction Annex Agreemcnt.pdf
Chris,
Please find attached a signed copy of the Agreement for Municipal Services and Agreement to
Annex between Extraction and the Town of Windsor. The Windsor Planning Commission
recommended approval of the USR conditioned upon the owners signing the agreement, a
condition which has now been met. Thanks and please let me know if you have any questions.
Paul Hornbeck
Associate Planner
Town of Windsor I Planning
301 Walnut Street I Windsor, CO 80550
Dir:970-674-2410 I Off: 970-674-2400 I Fax: 970-674-2456
phornbeck ,windsorgov corn
www.windsorgov.com
Follow Us www.windsorgov.com/socialmedia
tOWN Of
COLORADO
August 8, 2014
Chris Gathman
Weld County Department of Planning Services
1555 N. 17th Ave
Greeley, Colorado 80631
Subject: Weld County Referral - USR14-00034
Dear Mr. Gathman
The Town of Windsor Planning Commission reviewed the above-referenced referral at its regular
meeting on August 6, 2014. The subject property is located inside the Town's Growth
Management Area (GMA) and is designated as Heavy Industrial on Windsor's Land Use Plan Map.
Given that this proposal is located within the GMA, is contiguous to the Town's corporate limits,
will utilize town utilities, and generate truck traffic that will access Town streets, annexation is
warranted at this time. However, in an effort to work with the prospective buyers to allow
development to occur prior to annexation,the Town has created an Agreement for Municipal
Services and Agreement to Annex("Pre-Annexation Agreement")that the prospective buyers have
agreed to in concept.
Based on the aforementioned information,the Planning Commission recommends that Weld
County approve the USR subject to the following condition:
1. The property owner shall execute the Pre-Annexation Agreement prior to beginning
site development.
I have attached the Pre-Annexation Agreement and staff memorandum pertaining to this
project. Thank you for the opportunity to review this proposal and please let me know if you
have any questions.
Sincerely,
Paul Hornbeck
Associate Planner
pc: Gale Schick, Chairman, Windsor Planning Commission
Joseph Plummer,AICP, Director of Planning
301 Walnut Street • Windsor, Colorado • 80550 • phone 970-674-2400 • fax 970-674-2456
www.windsorgov.com
Page 2
Ian McCargar,Town Attorney
Kelly Arnold,Town Manager
Bob Gardner,Tekton Energy
Blane Thingelstad, Extraction Oil & Gas
AGREEMENT FOR MUNICIPAL SERVICES
AND
AGREEMENT TO ANNEX
THIS AGREEMENT FOR MUNICIPAL SERVICES AND AGREEMENT TO ANNEX
("Agreement")is dated this day of August, 2014, between the TOWN OF WINDSOR,
COLORADO, a Colorado home rule municipal corporation ("Town") and DIAMOND
VALLEY ENERGY PARK, LLC, a Colorado limited liability company ("Owner").
RECITALS:
WHEREAS, the Town is a municipal corporation located in Weld and Larimer Counties,
Colorado; and
WHEREAS, the Owner is the owner of record of that certain real property legally described
Assessor's Parcel No. 080723000044, located at the northeast corner of the intersection of
Eastman Park Drive and Diamond Way Drive, also known by street address as 10119 WCR 66,
Windsor, Colorado ("Property"); and
WHEREAS, the Owner desires and intends to locate a facility dedicated to the receipt, storage
and transfer of oilfield products within the Property; and
WHEREAS, the Property is not presently within the Town's corporate limits, but is adjacent to
the Town's corporate limits; and
WHEREAS, the proximity of the Property to the Town's corporate limits enables the Town to
eventually provide the Property with municipal utility services, including but not limited to water
and sanitary sewer service; and
WHEREAS, the Owner is seeking approval through the Weld County Use by Special Review
("USR") process, and the Town is legally authorized to participate in the USR process by
reviewing the Owner's USR application, commenting upon the USR application, and requesting
conditions upon the USR approval; and
WHEREAS, the parties desire to reach agreements with respect to areas of mutual concern,
which agreements will be presented to Weld County as a reflection of the parties' cooperation
with respect to land use concerns associated with the Owner's USR application; and
WHEREAS, by the terms of this Agreement, the parties have set forth the terms under which
they have resolved the areas of mutual concern associated with the Owner's USR application and
the eventual annexation of the Property into the Town.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth herein, the
parties agree as follows:
1. Eastman Park Drive Access Permit. Prior to the construction of or improvements to
any structures within the Property, the Owner will obtain from the Town an Access
Permit ("Access Permit") for each and every proposed access to or from the Property
onto Eastman Park Drive. The Access Permit will incorporate improvement plans for,
without limitation, westbound acceleration and deceleration lanes, eastbound left turn
lane and traffic control devices.
2. Eastman Park Drive Pavement Damage. The Owner acknowledges that vehicles
exiting the Property to Eastman Park Drive are causing and may continue to cause
damage to the edge of the asphalt roadway surface. The Owner agrees to pay all costs
incurred by the Town necessary to repair the asphalt damage which has taken place.
3. Unapproved Access Decommissioned. Upon approval and completion of
improvements pursuant to the Access Permit, all accesses from Eastman Park Drive to
the Property shall be permanently decommissioned and closed. The only exception to
this requirement will be the access serving the sanitary sewer lift station. Access serving
the sanitary sewer lift station shall be decommissioned and closed following the
abandonment and removal of the lift station.
4. Private Access Road and Diamond Way Right-of-Way Dedication. The east half of
the right-of-way for future Diamond Way shall be dedicated to the Town concurrently
with application for access permit to Eastman Park Drive as referenced in Section 1. The
north terminus of the right-of-way dedication shall match the north terminus of the
existing west half of Diamond Way. Centered within the 80-foot right-of-way, the
Owner shall construct Diamond Way intersection with Eastman Park Drive as an Urban
Major Collector, including curb and gutter returns, in accordance with the town's street
standards. The intersection improvements must extend to a minimum distance of 65 feet
north of the east-west section line in Eastman Park Drive. Starting at the north terminus
of the Diamond Way intersection improvements the Owner may construct a Private
Access Road that shall continue north within the 80-foot right-of-way a minimum
distance of 400 feet where it is intersected at 90 degrees by the Owner's driveway into
the Owner's property.
5. Private Road Interim Maintenance. The parties agree that, until such time as the
Private Access Road is improved to Town of Windsor street standards, the Owner shall
maintain the Private Access Road in a manner which minimizes dust and mud tracking
from the site. Following improvement of the Private Road to Town street standards, it
will be dedicated to the Town of Windsor, and upon acceptance the Town will thereafter
be responsible for maintenance and snow removal of the then-former Private Road
6. Post-Private Access Road. The Owner agrees that, upon and completion of Diamond
Way in accordance with the Town's street standards to or past the Owner's driveway, the
Owner's driveway or driveways to and from Diamond Way shall conform to Town street
standards in effect at that time.
7. Eastman Park Drive Right-of-Way and Sanitary Sewer Temporary Construction
Easement Dedication. The Owner will execute the attached Deed of Dedication of Road
Right-of-Way and Temporary Construction Easement contemporaneously with its
execution of this Agreement.
8. Sanitary Sewer Service to Property. Upon the Owner's compliance with all of the
foregoing terms and conditions of this Agreement, and at such time as the Town's
sanitary sewer facilities are available to serve the Property, the Owner shall connect the
existing farmhouse located within the Property to the Town's sanitary sewer utility. All
costs, including Town fees, associated with connection to the Town's sanitary sewer
utility shall be the sole responsibility of the Owner. Until such time as the Owner
completes connection of all buildings within the Property to the Town's sanitary sewer
utility, the Owner shall have the right to continue to use the leaching field facilities
currently on the Property, subject to the requirements and approval of the Weld County
Department of Public Health and Environment.
9. Site Enhancements. The Owner agrees to submit a landscape plan containing proposed
landscape enhancements adjacent to Eastman Park Drive for review and approval by the
Town. Upon Town approval, the said landscape plan will be implemented in conjunction
with site improvements undertaken by the Owner. The Town will not require
landscaping other than ground cover over any utility easements or rights of way and will
not require landscaping in excess of that required by the then-existing Town of Windsor
Tree and Landscape Standards.
10. Annexation of the Property. Tn accordance with § 31-12-121, C.R.S., the parties agree
that as a condition of continued municipal utility service to the Property, the Property
shall be annexed to the Town no later than July 1, 2016. The parties agree that this
Agreement shall be deemed an agreement to annex pursuant to the aforesaid statute. Tn
order to facilitate the annexation of the Property, and pursuant to § 31-12-107, this
Agreement shall be deemed a power of attorney from the Owner to the Town consenting
to and allowing the Town to annex the Property in the event the Owner has not filed a
petition for annexation of the Property by January 1, 2016. In consideration for the
agreements of Owner hereunder, the Town of Windsor acknowledges and agrees that it
will not object to Owner's application for the USR for the Property. In addition, the
Town agrees that in connection with the annexation of the Property, it will zone the
Property Heavy Industrial I-H for use as contemplated herein and in the USR.
11. Enforceability, Venue. Tn addition to any other remedy at law or in equity, the Town
shall have the right to enforce this Agreement by specific performance. Any legal action
to enforce or interpret this Agreement shall be filed only in the State courts of Colorado,
sitting in Weld County.
12. Entire Agreement. This Agreement constitutes the entire understanding of the parties
with respect to its subject matter, and supersedes all prior understandings, representations
and negotiations. This Agreement may not be amended or modified, except in writing
and signed by each party.
13. Assignment. Neither party may assign this Agreement without the express written
consent of the other, except that the Town hereby consents to Owner assigning this
Agreement to Extraction Oil and Gas ("Extraction") in the event Extraction acquires title
to the Property.
14. Governing Law. This Agreement shall be governed by and construed under the laws of
the State of Colorado.
15. Waiver. A waiver by either party of a breach of any of the provisions of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of the same
or another provision of this Agreement.
16. Binding Effect Upon Recordation. This Agreement shall be deemed to run with the
land and,upon its execution by the parties, shall be binding upon the parties hereto, their
heirs, successors and assigns. Upon execution by the parties, this Agreement shall be
recorded in the books and records of the Weld County Clerk and Recorder.
Tn witness whereof, the parties hereto have signed this Agreement on the day and year first
appearing above.
[signature blanks]
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