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HomeMy WebLinkAboutR95-055 special use permit Rifle/Avon Natural Gas Pipeline Phase IICommissioner 11~~5 _ moved adoption of the follo~rinq Resolution: HOARD OF COIINTY COMMISSIONERS COIINTY OF EAGLE, STATE OF COLORADO RESOLIITION NO. 9 ~ - rJ~ APPROVAL OF SPECIAL USE PERMIT Rifle/Avon Natural Gas Pipeline - Phase II FILE NO. 25-363-95 WHEREAS, Rocky Mountain Natural Gas & Public Service Company did file an application with the Eagle County Department of Community Development on or about February 16, 1995, to construct, operai~e, and maintain a 12-inch pipeline from south of Eagle to the Edwards Exchange Station within lands that are predominately zoned Resource, Residential Low Density in the Edwards-Avon area, Cordillera and Arrowhead Planned Unit Developments, in the unincorporated areas of Eagle as described in the application. WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle and Colorado Valley Planning Commission on April 5, 1995 and by the Eagle County Board of County Commissioners on April 18 and May 2, 1995; and WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested • parties, the Board of County Commissioners of the County of Eagle, State of Colorado ("the Board"), finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That the proposed special use conforms to the require- ments of Section 2.09 of the Eagle County Land Use Regulations: a) That the proposed special use will be compatible with existing uses in the area if the staff recommendations are followed. b) After the pipeline is installed and the disturbed soil is revegetated, there is little potential for the proposed use to have a negative effect on the character of the neighborhood. c) Access to the project is adequate. d) Adequacy of permanent water and sanitation services is not an issue as this project does not require physical these services. e) The physical arrangement of the proposed site alignment is appropriate. f) The proposal is consistent with the Eagle County Ma :r Plan if the staff reco ndations are followed. g) An Environmental Assessment has been prepared and a finding of no significant adverse impact to the environment would result from the proposed action and some benefits would be accrued as a result of improved natural gas service. 3. Pursuant to Section 2.07.07, Industrial and Commercial Performance Standards, Eagle County Land Use Regulations: a) To the extent applicable, the proposed use is in general conformance with these performance standards. 4. That for the above-stated and other reasons, the proposed special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: That the application of Rocky Mountain Natural Gas & Public Service, File No. ZS-363-95, for a Special Use Permit to construct, operate, and maintain a 12-inch pipeline from south of Eagle to the Edwards Exchange Station within the lands are predominately zoned Resource, Residential Low Density in the Edwards-Avon area, Cordillera and Arrowhead Planned Unit Developments, as described in the application, be approved, subject to the conditions as set forth herein. THAT the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. The applicant shall construct and operate the pipeline in accordance with all applicable County, State and Federal Regulations and permits. 2. The seed and mulch used in revegetation shall be certified weed free. The procedures described in the Revegetation Plan be followed with the exception that the revegetation be site specific and depend on climatic conditions. 3. The staging area shall located in Dotsero and will be designed to contain incidental and accidehtal fuel and lubricant spills. 4. The applicant shall provide acceptable collateral and methods for revegetation of private lands as described in the attached Reclamation Agreement which is herein incorporated in this resolution. THAT, this permit shall be subject to periodic review by the Planning Department, and shall be heard by the Board of County Commissioners only i~f complaints are received and not satisfactorily resolved by the staff. THAT, the B~ i of County Commissioners 'rects the Department of Conu<<unity Development to provi _ a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 16th day of May, 1995, nunc pro tunc to the 19th day of May 2,1995. ~°~ti~',:L~ ~ ~a~ COUNTY OF EAGLE, STATE OF COLORADO, ®"f ~ ~,G~';, By and Through Its BOARD OF COUNTY By Sa J. Fib /~ Clerk to the oard of County Commissioners Y~ E.tfon~., Chairperson George Gates, Commissioner 1 ~ .--~ ohnnette Phillips, Com~l(issioner Commissioner ~~ ~ ~ ~ ~~ 1 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner James E. Johnson, Jr. ~~/~ Commissioner George A. Gates -~ Commissioner Johnnette Phillips 64~1r This Resolution passed by ~'6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. RECLAMATION AGREEMENT THIS RECLAMATION AGREEMENT ("Agreement") is made and entered into this day of 1995 by and between Rocky Mountain Natural Gas Company, a Colorado corporation (hereinafter "Permittee") and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "County"). WITNE5SETH WHEREAS, the Permittee, as a condition of approval of County Resolution No. "Rocky Mountain Natural Gas", formerly referred to as "RMNG" (hereinafter "Special Use"), desires an Agreement as provided for by the Eagle County Land Use Regulations, (hereinafter the "Regulation"), specifically, Section 2.09.05(1); and WHEREAS, the County has determined that, as a condition of the Special Use, the Permittee shall be obligated to provide security or collateral sufficient in the judgment of the County to make reasonable provisions for reclamation of the Right-of-Way on Private Lands. NOW THEREFORE, in consideration of the premises and the covenants and agreements herein contained to be kept and performed by the parties hereto, it is hereby understood and agreed as follows: 1. Reclamation. 1.1 Reclamation. Reclamation is deemed to include all items set forth on Attached Exhibit "A" and Exhibit "B", Reclamation Standards, prepared by RMNG, subject to County approval, referred to as "Reclamation Standards". 1.2 Scope of Work. In the event the Permittee has not completed all the Reclamation for the Right-of-Way located in Private Lands (the "Work") on or before June 1st, 1996, the Permittee hereby agrees, at its sole cost and expense, to furnish all equipment and material necessary to perform and complete all Reclamation described in Exhibit rrplrr. 1.3 Duties of Permittee. For the Reclamation set forth in Exhibit "A", the Permittee shall retain an engineer (the "Permittee's Engineer") whose duties shall include observation of construction for conformance to the Work described in Exhibit rrArr . 1.4 Date of Completion. If the Work is not completed as certified in writing by the Permittee's Engineer prior to June 1, 1996, the County may Reclaim as set forth in this Agreement. 1.5 Approval and Acceptance of Work. 1.5.1 Prior to requesting an inspection of the Work, all information which may be necessary to establish the satisfactory completion of the Work must be submitted to the County Engineer. ~A11 such information shall be accompanied by a letter from the Permittee's engineer verifying the satisfactory completion of the Work performed to date. 1.5.2 Promptly after receiving a request for inspection and the required documentation, the County Engineer shall review the information presented and, if necessary, make an on-site inspection of the Work completed. 1.5.3 All said Work shall be done to the reasonable satisfaction of the County Engineer and/or the County Department of Community Development and shall not be deemed complete until approved and accepted as completed by the County. 1.6 Estimated Costs of Reclamation. The estimated cost of the Reclamation identified in Exhibit "A" is $22,S97.71. To secure and guarantee performance of its obligations as set forth in this Section 1, and to guarantee Reclamation as set forth in Exhibit "A", and Exhibit "B", the Permittee hereby agrees to provide security and collateral in the form and as set forth in Section 2, below. 2. Security and Collateral. 2.1 Collateral. Security and Collateral required in Section 1.6 herein, as security for the performance by Permittee of its obligations under this Agreement, shall be in the total amount of $22,597.71. The Permittee shall obtain collateral in the form of a deposit in escrow, a letter of credit or performance bond acceptable to the County (hereinafter referred and incorporated as "Collateral" and attached as Exhibit "C") prior to commencement of the Work. 2.2 Final Release of Collateral/Warranty. Within thirty (30 days after Permittee has either completed all of the Work or has performed the Reclamation, as certified by the Permittee's Engineer and approved by the County Engineer, the entire Collateral shall be released. 2.3 Substitution of Collateral. The Permittee may at any time substitute the Collateral originally deposited with the County herein, for another form of collateral acceptable to the County to guarantee the faithful completion of the Reclamation referred to herein and the performance of the terms of this Agreement. 2.4 Draws. Draws against the Collateral shall only be made as directed by written Resolution of the County, stating that there has been an event of default under this Agreement and that a sum certain is required to remedy the default. Any amount drawn on the Collateral must be applied for the purpose of completing the reclamation described herein as Exhibits "A" and ~~ B ~~ . 2.5 Events of Default. If Permittee has not completed the Work within thirty (30) days prior to the date of completion set forth herein, the County may, after ten (10) working days' provide written Notice to Permittee, then draw upon the Collateral for the purpose of reclaiming. 2.6 Costs and Expenses. Permittee agrees to pay any costs and expenses, including but not limited to legal fees, which the County may incur in drawing upon the Collateral, or in accomplishing an extension of its expiration. 3. Insurance and Indemnification. 3.1 Indemnification. Permittee shall indemnify and hold the County harmless from any and all claims made against the County by any contractor, subcontractor, materialmen employee, independent contractor, agent or representative involved in the Work necessary to comply with this Agreement, or on account of any other claims against the County because of the activities conducted in furtherance of the terms of this Agreement. This indemnification and hold harmless provision shall include any legal expenses or costs incurred by the County. 3.2 Certificates of Insurance. The Permittee shall secure from any contractor or subcontractor engaged in the Work necessary from any contractor or subcontractor engaged in the Work necessary to comply with this Agreement a Certificate of Insurance providing for liability protection in the minimum amount of $150,000 per individual and $500,000 per occurrence. The Permittee, if it serves as the contractor for the Reclamation, shall provide insurance in the same form and amounts as required of the general contractor. 3.3 County Incurs No Liability. The County shall not nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the Special Use and/or Reclamation specified in this Agreement prior to the completion and acceptance of the same; nor shall the County, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of said Work on the Reclamation, but all of said liabilities shall and are hereby assumed by the Permittee. The Permittee hereby agrees to indemnify and hold harmless the County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which the County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities ( or actions in respect thereof ). that arise out of or are based upon any performance by the Permittee hereunder; and the Permittee shall reimburse the County for any and all legal and other expenses incurred by the County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Permittee may have. 4. General Provisions. The following shall apply to all Reclamation set forth in this Agreement: 4.1 Compliance with Land Use Regulations. The Permittee shall be required to obtain all necessary permits and comply with the provisions of the Land Use Regulations, including but not limited to the Regulations for Construction within the Public Ways of Eagle County (Chapter V), as the same are in effect at the time of commencement of construction of the Reclamation referred to herein. 4.2 Special Use Improvement Agreement Controls. In the event of any inconsistency or incongruity between the provisions of this Agreement and the Land Use Regulations, the provisions of this Agreement shall in all respects govern and control. 4.3 Warranties and Guarantees. There shall be a two year correction period, or such longer period as may be prescribed by law, from time of completion of the Reclamation during which time the Permittee shall promptly correct or remove and replace, in accordance with the County's written instructions, defective Work or materials and consequences thereof. The Work shall be collateralized during the correction period in the amount of 10 percent (10~) of the original amount of collateral specified in Section 2.1 of this Agreement. Repair or replacement made under the two year correction period shall bear an additional one-year correction period from the acceptance of the repair or the replacement by the Eagle County Engineer. The Work shall be collateralized during the correction period in an amount and type of collateral as shall be reasonably determined by the County. The Work shall be inspected, at the request of the Permittee, no less than 60 days prior to expiration of the one-year additional correction period and any deficiencies shall be noted to the Permittee. 4.4 Issuance of Special Use Permit. The County agrees to the issuance of the special use permit, subject to the terms and conditions of this Agreement and those contained in Resolution 4.5 Amendment and Modification. The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification be in writing and signed by all parties hereto. 4.6 Assignability. This Agreement shall be enforceable against the Permittee, provided, however, that in the event the Permittee sells, transfers or assings all or part of the subject Special Use. The obligations of the Permittee under this Agreement as to that portion of the subject Special Use may be assumed by the purchaser of the parcel in writing, and the Permittee shall have not further obligations hereunder. It is agreed, however, that no such assumption of these obligations shall be effective unless the Board gives us prior approval to such assumption following an investigations of the financial condition of the purchaser. The Permittee shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this Agreement without prior written consent of the County, which consent shall not be unreasonably withheld. 4.7 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.8 No rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 4.9 Notice. Notice required pursuant to the terms of this Agreement shall be deemed given of the day that the same is placed in the United States Mail, postage prepaid,~certified or registered mail, return receipt requested. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 1995, effective a~~`QLS~G COUNTY OF EAGLE, STATE OF COLORADO, ~~ y~ by and Through Its BOARD OF COUNTY v K COMMIS ~ r ~ o~~~ Clerk to the Boar o County Commissioners By: (Name) STATE OF COLORADO ) )5S. COUNTY OF EAGLE ) The foregoing was acknowledged before me this day of 1995, by , as of WITNESS my hand and official seal. My commission expires Notary Public RO IN NAT AS MPANY ~ (.._ By: Le a ra( L. ~c~sf' ~, (Name ) STATE OF COLORADO ) )SS. COUNTY OF JEFFERSON ) Thy', foregoing was knowled ed before m thi. s~(O~ day of 1995, b s s+~ .~la/` ~of - ~~~~~ WITNESS my hand and official seal. My commission expires ~ ~q 9 „~ ,~ ~~ Public EXHIBIT A 74.5 Acres @ $275.00/acre $20,487.50 10.3 Contingency $ 2,110.21 Total Collatoral $22,597.71 EXHIBIT B RECLAMATION STANDARDS The following are the standards by which reclamation would be performed on all private lands affected by the project: 1. All cuts made in steep or rolling terrain during construction will be regraded and contoured to blend into the adjoining landscape and to reestablish the natural drainage patterns. 2. Where required, erosion control structures such as water bars, diversion channels, and terraces will be constructed to divert water away from the trench and reduce soil erosion along the right-of-way and other adjoining areas disturbed during construction. These structures will be designed as specified and approved by the County. 3. RMNG and PSCo will dispose of materials unsuitable for use as backfill or excess backfill material at approved locations. 4. Temporary work space areas used for crossing streams and highways and other special sites will be restored to approximate preconstruction conditions. 5. Suitable mulches and other soil stabilizing practices will be used on regraded and topsoiled areas, where required, to protect unvegetated soil from wind and water erosion and to improve water absorption. RMNG and PSCo will consult with the County and landowner to define the appropriate mulches. 6. Unless otherwise directed by the landowner or the County, RMNG and PSCo will redistribute rocks, cut vegetation, and other surface material temporarily stockpiled for construction back across the right-of-way disturbed during construction. 7. RMNG and PSCo will seek disturbed areas using seed mixes appropriate to the location. The specific locations along the selected alternative where each seed mix will be applied will be approved by the County. 8. Seed will be planted by drilling or broadcasting, depending on terrain. 9. Seeding will be done when seasonal or weather conditions are most favorable. 10. Seed mixes will be planted in the amount specified in pounds of pure live seed/acre. There will be no primary or secondary noxious week in the seed mix. Commercial seed will be either certified or registered seed. 11. The reestablishment of vegetative cover as well as watershed stabilization measures will be scheduled during the working season and before the succeeding winter. In any case, revegetation treatments will be accomplished as quickly as possible after installing the pipeline. 12. In general, RMNG and PSCo will not mulch the right-of-way during reclamation and revegetation. Mulch will only be applied at the request of the landowner or County. 13. The need for fertilizers will be determined in conjunction with the individual landowners or the County. If fertilization is necessary, the rates of application will be based on site- specific samples of soil. 14. The County reserves the right to inspect and require reseeding in areas where revegetation in the right-of-way has not been succesful and creates a nuisance. 15. The County may also require some weed control in infested areas. 16. On land under the ownership or management of the County, areas of high visual impact may require mulching to insure succesful reclamation. Mulching may also be required on County owned land where dryness or riparian conditions create a need for mulching as part of a succesful reclamation effort. 17. The County requires full adherence by Rocky Mountain Natural Gas and Public Service of Colorado to K N Energy's Erosion Control Procedures, as presented to the County, as part of the reclamation efforts. EXHIBIT C ENERGY K N ENERGY,.INC. , P.O. BOX 281304 ~.~;: LAKEWOOD, C0,8Q228-830,4';•t.~: :.g 3k` ~ s.t~: ~3- PAY ;o~...s.w~, ~'rns~~B~,~ 'dom.«°."~y ++'' •.t~. ~ TO THE Eagle ,~outity;-`•Treas: ORDER ~ - ~ . _ , ,~.~ ~ ~,,~,..7 OF ' ~ ` ~ e ~ R„ a.~ ,~~• ~~ z: R ~~" ~~, ro; 2984 DETACH BEFORE DEPOSITING --• s. '~` ~; . ;u rz .: ~ ~. • ~~ .. {(N FNGR[:V INC_ Pn. RC1X 981304 LAKEWOOD. CO 80228-8304 ..~ EAt~LE COUNTY, COLORADO • )eDIVID~R'$ COMPIE?ION BOND KNOW ALL MEN BY THESE PRESENTS, that we, Rocky Mountain Natnra 1 Gas-Comnanyhorelnatt~r called "Principal" and Seaboard Surety Com~an;r -- , a corporation organized under the laws of the State of N w v~rk _ and authorized to do surety business in the State of Coloro~do, hereinafter tailed "Surety," are held end firmly bound unto the County of Eagle, State of Colorado. a body politic and corporete, hereinafter called "County,"~in the penal sum of ~,o to ~rt,nirc~aa Fi .P u„n~.-o~ Forty-fi Dollars (S 20, 545.00 )lawful money of the United States of America, for the payment of which we bind ourcehres, our heirs, executors. adminlstators, successors, and assigns, jointly ahd severally, 6rrnty by thsso presents: WHEREAS, the above-named Prindpal has entered into a RedamaUon Agreement with the County dated ~'Agrasment~, end has appNad to the County !or the Special Use Permit and has agreed, as a cond'Rion to the approval of said Spedal Use Pemnlt by said County, to rscialm certain lands aet forth in the Reclamation Agreement, which is hereby made a part hereof by reference thereto; and WHEREAS, the approval of said Agreement and Specal Use Permit by said County is further conditioned upon the furnishing of an adequate Surety Bond to be famished to the County. NOW, THEREFORE, the wnditlon of this obG~ation Is suoh that, If the Prindpal shall in all respects comply with the terms and conditions of the Agreement, these conditions being more spedficatly the completion of the reclamation Work referred to in EXhibit "A" and Fathlblt "B" thereto, in accordance with the resolutions and reputations of Eagle County and accord(ng to the plans, spedtlcaUons, and schedules covsdng said work, and such approved additions, amendments, or alterations as may ba made In the plans, spedficatlons, and schedules for such work as approved by the County Engineering Department, end shall timely complete eU of Bald work on or before June 1, 1996, than this obIlDaUon shall be void, otherwise remaining in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change invohring an oxtonsion of time. alterations, or additions to the terms of the Agreement or to the work to be pertomned or materials to be famished thereunder, or In the plans, speciScaUons, and schedules covering same. shall in any way affect said obligations of said Surety on this bond and the said Surety does hereby waive notice of any such changes, extension o! time, alterations or additions to /he work or of the plans, spedflcations. and schedules. Whenever Principal is declared by the County to be in defauk under the Agreement, the Surety shall promptly . remedy the default and may either (t) complete the Agreement !n accordance with its terms and conditions, or (2) obtain a bid or bids for wmpleting the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest respanslbls bidder, or, If the County sleds, upon determination by the County and the Surety jdntly of the lowest responsible bidder, arrange for a contract between such bidder and the County, end make avaltabte as work progresses (even though there should bs a default or a succession of defaults under the contract or contracts of completion arranged under this paratflraph) sufficient funds to pay the costs of completion. Further conditions of the foregoing obligations ere such that Prindpal and Surety guarantee the work perfomned under the Agreement against detects In work performed by the Prindpal and defects In materials famished by him which appear within a period of two calendar years after the final acceptance of the wo n discove o or u~ on inotieect eeeof the Princpal and Surety shall repair or replace at no cost to the County promptly upo ry p bf- County. - - -. ... ,._---~. __ ..._,~ ......~~.ti..~e .,o.~r.,,~ havino : rtaht of action ~~~ 8303 Certified Copy "~BOA~ ~R~Y ~'~~~ No. 13233 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint RiC11~'d H, OshlerkirxJ or Janet C. Iiachat or C7onnie P. Jessen or Sharon K. Nl~irray or Dianne M. Patterson or Jaares E . Spitsen _ - - - ~~-Linooln~ Nebraska -- of_ -= ~ -its true-and IaNrfulAttorney-in-Fact, to make, execute and deliver on Its behalf insurance policies, surety bonds, undertakings and other instruments of similar nature.as follows: - Withoat Limitations -_-Such insurance policies, y.-- ~t i_- ~- __ _ _~ ~!Ol R4ry~ - - ~,.- ~-~--u-- -..~_ _ ..~__. _. -..,-,_ ., -.... zed: the corporate seal of the Compariyao; these. presents this - S ~ - -_ ._. .: Assistant Secretary ........... .._,.,. - ~ --~ ~- -- -....- --- For<„ss~ lam ~iaa~ RECLAMATION AGREEMENT THIS RECLAMATION AGREEMENT ("Agreement") is made and entered into this day of , 1995 by and between Rocky Mountain Natural Gas Company, a Colorado corporation (hereinafter "Permittee") and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "County"). WITNESSETH WHEREAS, the Permittee, as a condition of approval of County Resolution No. "Rocky Mountain Natural Gas", formerly referred to as "RMNG" (hereinafter "Special Use"), desires an Agreement as provided for by the Eagle County Land Use Regulations, (hereinafter the "Regulation"), specifically, Section 2.09.05(1); and WHEREAS, the County has determined that, as a condition of the Special Use, the Permittee shall be obligated to provide security or collateral sufficient in the judgment of the County to make reasonable provisions for reclamation of the Right-of-Way on Private Lands. NOW THEREFORE, in consideration of the premises and the covenants and agreements herein contained to be kept and performed by the parties hereto, it is hereby understood and agreed as follows: 1. Reclamation. 1.1 Reclamation. Reclamation is deemed to include all items set forth on Attached Exhibit "A" and Exhibit "B", Reclamation Standards, prepared by RMNG, subject to County approval, referred to as "Reclamation Standards". 1.2 Scope of Work. In the event the Permittee has not completed all the Reclamation for the Right-of-Way located in Private Lands (the "Work") on or before June 1st, 1996, the Permittee hereby agrees, at its sole cost and expense, to furnish all equipment and material necessary to perform and complete all Reclamation described in Exhibit "A". 1.3 Duties of Permittee. For the Reclamation set forth in Exhibit "A", the Permittee shall retain an engineer (the "Permittee's Engineer") whose duties shall include observation of construction for conformance to the Work described in Exhibit nA~~ 1.4 Date of Completion. If the Work is not completed as , certified inrwriting by the Permittee's Engineer prior to June 1, 1996, the County may Reclaim as set forth in this Agreement. 1.5 Approval and Acceptance of Work. 1.5.1 Prior to requesting an inspection of the Work, all information which may be necessary to establish the satisfactory completion of the Work must be submitted to the County Engineer. All such information shall be accompanied by a letter from the Permittee~s engineer verifying the satisfactory completion of the Work performed to date. 1.5.2 Promptly after receiving a request for inspection and the required documentation, the County Engineer shall review the information presented and, if necessary, make an on-site inspection of the Work completed. 1.5.3 All said Work shall be done to the reasonable satisfaction of the County Engineer and/or the County Department of Community Development and shall not be deemed complete until approved and accepted as completed by the County. 1.6 Estimated Costs of Reclamation. The estimated cost of the Reclamation identified in Exhibit "A" is $22,597.71. To secure and guarantee performance of its obligations as set forth in this Section 1, and to guarantee Reclamation as set forth in Exhibit "A", and Exhibit "B", the Permittee hereby agrees to provide security and collateral in the form and as set forth in Section 2, below. 2. Security and Collateral. 2.1 Collateral. Security and Collateral required in Section 1.6 herein, as security for the performance by Permittee of its obligations under this Agreement, shall be in the total amount of $22,597.71. The Permittee shall obtain collateral in the form of a deposit in escrow, a letter of credit or performance bond acceptable to the County (hereinafter referred and incorporated as "Collateral" and attached as Exhibit "C") prior to commencement of the Work. 2.2 Final Release of Collateral/Warranty. Within thirty (30 days after Permittee has either completed all of the Work or has performed the Reclamation, as certified by the Permittee's Engineer and approved by the County Engineer, the entire Collateral shall be released. 2.3 Substitution of Collateral. The Permittee may at any time substitute the Collateral originally deposited with the County herein, for another form of collateral acceptable to the County to guarantee the faithful completion of the Reclamation referred to herein and the performance of the terms of this Agreement. 2.4 Draws. Draws against the Collateral shall only be made 2 as directed by written Resolution of the County, stating that there has been an event of default under this Agreement and that a sum certain is required to remedy the default. Any amount drawn on the Collateral must be applied for the purpose of completing the reclamation described herein as Exhibits "A" and ugn~ 2.5 Events of Default. If Permittee has not completed the Work within thirty (30) days prior to the date of completion set forth herein, the~County may, after ten (10) working days' provide written Notice to Permittee, then draw upon the Collateral for the purpose of reclaiming. 2.6 Costs and Expenses. Permittee agrees to pay any costs and expenses, including but not limited to legal fees, which the County may incur in drawing upon the Collateral, or in accomplishing an extension of its expiration. 3. Insurance and Indemnification. 3.1 Indemnification. Permittee shall indemnify and hold the County harmless from any and all claims made against the County by any contractor, subcontractor, materialmen employee, independent contractor, agent or representative involved in the Work necessary to comply with this Agreement, or on account of any other claims against the County because of the activities conducted in furtherance of the terms of this Agreement. This indemnification and hold harmless provision shall include any legal expenses or costs incurred by the County. 3.2 Certificates of Insurance. The Permittee shall secure from any contractor or subcontractor engaged in the Work necessary from any contractor or subcontractor engaged in the Work necessary to comply with this Agreement a Certificate of Insurance providing for liability protection in the minimum amount of $150,000 per individual and $500,000 per occurrence. The Permittee, if it serves as the contractor for the Reclamation, shall provide insurance in the same form and amounts as required of the general contractor. 3.3 County Incurs No Liability. The County shall not nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the Special Use and/or Reclamation specified in this Agreement prior to the completion and acceptance of the same; nor shall the County, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of said Work on the Reclamation, but all of said liabilities shall and are hereby assumed by the Permittee. The Permittee hereby agrees to indemnify and hold harmless the County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which the County or any of its 3 officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities ( or actions in respect thereof) that arise out of or are based upon any performance by the Permittee hereunder; and the Permittee shall reimburse the County for any and all legal and other expenses incurred by the County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Permittee may have. 4. General Provisions. The following shall apply to all Reclamation set forth in this Agreement: 4.1 Compliance with Land Use Regulations. The Permittee shall be required to obtain all necessary permits and comply with the provisions of the Land Use Regulations, including but not limited to the Regulations for Construction within the Public Ways of Eagle County (Chapter V), as the same are~in effect at the time of commencement of construction of the Reclamation referred to herein. 4.2 Special Use Improvement Agreement Controls. In the event of any inconsistency or incongruity between the provisions of this Agreement and the Land Use Regulations, the provisions of this Agreement shall in all respects govern and control. 4.3 Warranties and Guarantees. There shall be a two year correction period, or such longer period as may be prescribed by law, from time of completion of the Reclamation during which time the Permittee shall promptly correct or remove and replace, in accordance with the County's written instructions, defective Work or materials and consequences thereof. The Work shall be collateralized during the correction period in the amount of 10 percent (10~) of the original amount of collateral specified in Section 2.1 of this Agreement. Repair.or replacement made under the two year correction period shall bear an additional one-year correction period from the acceptance of the repair or the replacement by the Eagle County Engineer. The Work shall be collateralized during the correction period in an amount and type of collateral as shall be reasonably determined by the County. The Work shall be inspected, at the request of the Permittee, no less than 60 days prior to expiration of the one-year additional correction period and any deficiencies shall be noted to the Permittee. 4.4 Issuance of Special Use Permit. The County agrees to the issuance of the special use permit, subject to the terms and conditions of this Agreement and those contained in Resolution 4 4.5 Amendment and Modification. The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification be in writing and signed by all parties hereto. 4.6 Assignability. This Agreement shall be enforceable against the Permittee, provided, however, that in the event the Permittee sells, transfers or assigns all or part of the subject Special Use. The obligations of the Permittee under this Agreement as to that portion of the subject Special Use may be assumed by the purchaser of the parcel in writing, and the Permittee shall have not further obligations hereunder. It is agreed, however, that no such assumption of these obligations shall be effective unless the Board gives us prior approval to such assumption following an investigations of the financial condition of the purchaser. The Permittee shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this Agreement without prior written consent of the County, which consent shall not be unreasonably withheld. 4.7 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.8 No ricthts to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 4.9 Notice. Notice required pursuant to the Agreement shall be deemed given of the day that th placed in the United States Mail, postage prepaid, registered mail, return receipt requested. terms of this e same is certified or 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 1995, effective COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY e~ ~~; COMM S V ~- GS i Clerk to the Boar ~ ~ , F t, County Commissioners' °~- - - ,° By: (Name) STATE OF COLORADO ) SS. COUNTY OF EAGLE ) The foregoing was acknowledged before me this day of 1995, by , as of WITNESS my hand and official seal. My commission expires Notary Public ROCKY By: By: GG~~ ~/; any S (Name) V ~ c ~ STATE OF COLORADO ) SS. COUNTY OF JEFFERSON ) foregoing was ,.1995, by my hand and official seal. My commission expires COMPANY i-Q s , ~P ~ ~- m thi ~-'C.7-~- day of ...t CL of /~- ~ , / ~ i N tart' P lic 6 EXHIBIT A 74.5 Acres @ $275.00/acre $20,487.50 10.3 Contingency $ 2,110.21 Total Collatoral $22,597.71 EXHIBIT B RECLAMATION STANDARDS The following are the standards by which reclamation would be performed on all private lands affected by the project: 1.- All cuts made in steep or rolling terrain during construction will be regraded and contoured to blend into the adjoining landscape and to reestablish the natural drainage patterns. 2. Where required, erosion control structures such as water bars, diversion channels, and terraces will be constructed to divert water away from the trench and reduce soil erosion along the right-of-way and other adjoining areas disturbed during construction. These structures will be designed as specified and approved by the County. 3. RMNG and PSCo will dispose of materials unsuitable for use as backfill or excess backfill material at approved locations. 4. Temporary work space areas used for crossing streams and highways and other special sites will be restored to approximate preconstruction conditions. 5. Suitable mulches and other soil stabilizing practices will be used on regraded and topsoiled areas, where required, to protect unvegetated soil from wind and water erosion and to improve water absorption. RMNG and PSCo will consult with the County and landowner to define the appropriate mulches. 6. Unless otherwise directed by the landowner or the County, RMNG and PSCo will redistribute rocks, cut vegetation, and other surface material temporarily stockpiled for construction back across the right-of-way disturbed during construction. 7. RMNG and PSCo will seek disturbed areas using seed mixes appropriate to the location. The specific locations along the selected alternative where each seed mix will be applied will be approved by the County. 8. Seed will be planted by drilling or broadcasting, depending on terrain. ~. 9. Seeding will be done when seasonal or weather conditions are most favorable. 10. Seed mixes will be planted in the amount specified in pounds of pure live seed/acre. There will be no primary or secondary noxious week in the seed mix. Commercial seed will be either certified or registered seed. 11. The reestablishment of vegetative cover as well as watershed stabilization measures will be scheduled during the working season and before the succeeding winter. In any case, revegetation treatments will be accomplished as quickly as possible after installing the pipeline. 12. In general, RMNG and PSCo will not mulch the right-of-way during reclamation and revegetation. Mulch will only be applied at the request of the landowner or County. 13. The need for fertilizers will be determined in conjunction with the individual landowners or the County. If fertilization is necessary, the rates of application will be based on site- specific samples of soil. 14. The County reserves the right to inspect and require reseeding in areas where revegetation in the right-of-way has not been succesful and creates a nuisance. 15. The County may also require some weed control in infested areas. 16. On land under the ownership or management of the County, areas of high visual impact may require mulching to insure succesful reclamation. Mulching may also be required on County owned land where dryness or riparian conditions create a need for mulching as part of a succesful reclamation effort. 17. The County requires full adherence by Rocky Mountain Natural Gas and Public Service of Colorado to R N Energy's Erosion Control Procedures, as presented to the County, as part of the reclamation efforts. EXHIBIT C • ~ ~ No. 2984 ENERGY NORWEST BANK DENVER, N.A. 23 ~ 1740 BROADWAY K N ENERGY, INC. DENVER. coeo27a to2o P.O. BOX 281304 LAKEWOOD, CO 80228-8304 May 15 t 9 9 5 PAY ••; f ~ ~ DOLU-RS $ 2.052.71 TO THE eagle County Treasurer. ORDER ,, OI: 'x:.aA II 1'+ D xz YS y:j VR .±'a `; ~' LO 20000765 ~ • LO ~ , 00 3 ? 3 i6a' ;~~; ~` ~ ~• ` K N ENERGY, INC. P.O. BOX 28t3o4 LAKEWOOD, CO 80228-8304 DETACH BEFORE DEPOSITING ~.a1 '~;'~"z'+"^~5.~ '-`~•'.j'•'.e. .. ~ s ~ ' 1~~~5 .. • ~v ~4p ~.,..,•:.n ~ ~' y`~S~i.~s~.' ;r','dtVt,., ,. t s ,.r•q r`y~ +, t!. a1 ~ ,'1 ;+^ry,°" ~~ x..` a'` `n;:.~,_ ~, '~ A y ~ 1 , 4: ~ ' Reclataatiori bond. . F F rt., ( ~ ~ t V.SL 7 LL ~y: t xr ~ • tn t ' ~ 4 ~A• . ~ ~ ` ~ ~ ~ ' ~i~ t<~ .~~' c~ 30101-31 ' _ ,., a~ 'S~ , ~ , , °- e•y~;.,;,,~' 9 • t;' r~,xyn~~.:X.rF'!? ,41,i .. Sf~ d~~ ~„' ''~. •~ .d ..i: a, r. ~~ '•r 4 ¢ "': : r., x •" -~ ~-a`" • '" #~~:' ' r. .. ,-ice F , r, ,, „ ~+ $''T~ , . ~ .. «~ ' ~~, ZS- ' ~ Commissioner ~I~'1 _ _ moved adoption ~jt~ of the following Resolution: BOARD OF COIINTY CONIIrII88IONERB COIINTY OF EAGLE, STATE OF COLORADO RE80LUTION NO. 9~ - SS APPROVAL OF SPECIAL USE PERMIT Rifle/Avon Natural Gas Pipeline - Phase II FILE NO. ZS-363-95 WHEREAS, Rocky Mountain Natural Gas & Public Service o Company did file an application with the Eagle County Department ~- A of Community Development on or about February 16, 1995, to construct, operate, and maintain a 12-inch pipeline from south of Eagle to the Edwards Exchange Station within lands that are Fes' ° ° predominately zoned Resource, Residential Low Density in the ~r w o Edwards-Avon area, Cordillera and Arrowhead Planned Unit ~: °~ Developments, in the unincorporated areas of Eagle as described in the application. WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle and Colorado Valley Planning ~ Commission on April 5, 1995 and by the Eagle County Board of ~,~, ~ County Commissioners on April 18 and May 2, 1995; and o •o o WHEREAS, based on the evidence, testimony, exhibits, study ~ ~ of the Master Plan for the unincorporated areas of Eagle County, , ~ comments of the Eagle County Department of Community Development, a ~ comments of public officials and agencies, the recommendation of a x the Planning Commission, and comments from all interested ~ ~ parties, the Board of County Commissioners of the County of ••,-+ Eagle, State of Colorado ("the Board"), finds as follows: •-~ O U ~ 1. That proper publication and public notice was provided ~ \ ~ as required by law for the hearings before the Planning ~ c Commission and the Board. ° U o ~ 2. That the proposed special use conforms to the require- ° m ments of Section 2.09 of the Eagle County Land Use w Regulations: ~ ~r ~ a) That the proposed special use will be compatible w with existing uses in the area if the staff recommendations are followed. ~ ~ b) After the pipeline is installed and the disturbed ~ s soil is revegetated, there is little potential for oa ~ the proposed use to have a negative effect on the character of the neighborhood. c) Access to the project is adequate. ~ d) Adequacy of permanent water and sanitation ~ c, services is not an issue as this project does not ~ require physical these services. e) The physical arrangement of the proposed site alignment is appropriate. f) The proposal is consistent with the Eagle County ' r EAGLE COUNTY. COLORADO;-- SUBDIVIDER'S COMPLETION 13C KNOW ALL MEN BY THESE PRESENTS, that we, Rocky Mountain Natural Gas C~mpanyvherNnaftsr ailed "Principal." end Seaboard Surety Co~nany -, a corporation organized under the laws of the State of NPw Ynrk and authorized to do surety business in the Stets of Colorado, hereinafter coiled "Surety," are held end firmly bound unto the County of Eagle, State of Goloredo, a body politic and corporete, hereinafter celled "County," In the penal sum of g.~,t3r Tip^tasa~d ~- Fi ~P u„„.rro,1 F~rty- Dollars (S_ Z0, 545.00 )lawful money of the United States of America, for the payment of which we bind ourcelves, our heirs, executors, administratoro, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, the above-named Principal has entered Into a RedamaUon Agreement with the County dated ("Agresment7, end has appNed to the County for the Special Use Permit and has agreed, as a condition to the approver of said Spada) Use Permit by said County, to reclaim certain lands set forth in the Reclamation Agreement, which Is hereby made a part hereof by reference thereto; and WHEREAS, the approval of sold Agreement and Special Use Permit by said County is further conditioned upon the furnishing of stn adequate Surety Bond to be fumished to the County. NOW, THEREFORE, the condition of this obagatlon Is such that, if the Prlndpal shall in all respects comply with the terms and conditions of the Agreement, these conditions being more spedflcally the completion of the reclamation work referred to In Exhibit "A" and Exhibit "B" ihareto, in accordance with the resolutions and regulations of Eagle County and aeeording to the plans, epedfleatlons, and schedules covering sold work, and such approved additions, amendments, or alterations as may be made In the plans, specltlcations, and schedules for such work es approved by the County Engineering Department, end shall timely complete eU of said work on or before June 1, 1998, then this obligation shall be void, otherwise remaining in full farce and effect, And the said Surety, for value received, hereby stlputates end agrees that no chance involving an extension of time, alterations, or additlons to the terms of the Agreement or to the work to be performed or materials to bs tumished thereunder, or In the plans, speci6catlons, and schedules covering same. shall In any way affect sold obligations of said Suety on this bond and the sold Surety does hereby waive notice of any such changes, extension of time, akerations or additlons to the work or of the plans, spedflcations, end schedules. Whenever Principal is declared by the County to be in defauR under the Agreement, the Surety shall promptly remedy the default and may either (1j complete the Agreement In accordance with its tames and conditions, or (2) obtain a bid or bids for completing the Agreement in accordance with tts terms end conditions, and upon determination by Surety of the lowest responsible bidder, or, If the County sbds, upon determinetion by the County and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the County, end make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the costs of completion. Further conditions of the foregoing obligations ors such that Prindpsl and Surety guarantee the work performed under the Agreement against defects In work performed by the Principal end defects In materiab furnished by him which appear within a period of two ealender years after the heal acceptance of the work by the County, which such defects the Prindpai and Surety shall repair or replace et no cost to the County promptly upon discovery or upon notice thereof by County. This bond shall be for the use and beneM of the County as well as all those persons having a right of action under the laws of the Stets of Colorado to enforce the PrindpaPs performance of the terms and condlUons of the Agreement, all of whom shall have a right of action on this bond. IN WITNESS WHEREOF, the Princpal en SSurety have caused these presents to be duly executed on the 11th day Of Ma^~ , 198. PRtNCIPAL• ROCKY MOUNTAIN NATURAL GAS COMPANY ATl tca T: ey: _ ~ ~ ey: - crotary Title: (S~Lj Addresc: 8URETY: SEABOARD SURETY COMPANY ATTEST: r~ lid (SEAL? Claudia A. Rathbun, Witness tbond2.95.tMr By' N ~~`rl ~ Tins: Connie P. Jessen, Atto ey-in-fact Address: Alexander & Alexander Inc. Cornhusker Plaza, Suite 500 301 South 13th Street P.O Box 82515 Lincoln, Nehrask~ 68501-251 5 Telephone 402 479-2300 Faxi1 402 479-2370 ~gle~cander gp~exander