HomeMy WebLinkAbout800438.tiff RESOLUTION
RE: APPROVAL OF ROAD CONSTRUCTION AGREEMENT BETWEEN WELD COUNTY
AND ADOLPH COORS COMPANY AND AUTHORIZATION FOR CHAIRMAN TO
SIGN THE SAME.
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, a road construction agreement between Weld County
and Adolph Coors Company has been presented to the Board of
County Commissioners, and
WHEREAS , the Board of County Commissioners has studied
said road construction agreement and deems it advisable to
approve the same and further to authorize the Chairman of the
Board to sign the agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the road construction
agreement between Weld County and Adolph Coors Company be , and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board of County Conunissioners
that the Chairman of the Board is hereby authorized to sign
said agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 29th day of
October, A.D. , 1980 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County 'elerk and Recorder /f, )/ L ( 4{
andClerk to the B rd ) C . W. Kir)cumainrl3yy}, Chairman
LBy v , &Ai _
r Deputy County erk eonard L. Roe, Pro-Tem
AO7D AS TO FO
J Norman Carlson
County Attorney /
L i Dunbar/
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Ju K. Steinm rk
fl004]U
PLO 113
DATE PRESENTED: OCTOBER 29 , 1980
ROAD CONSTRUCTION AGREEMENT
THIS AGREEMENT is hereby entered into this 4th day of
November , 1980 by and between the BOARD OF COUNTY
COMMrSSIONERS OF WELD COUNTY, COLORADO, pursuant to Colorado
statute and the Weld County Home Rule Charter, and ADOLPH COORS
COMPANY, a Colorado corporation.
RECITALS:
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado; and
WHEREAS, on June 20, 1979, the Board of County Commissioners
of Weld County, Colorado, approved a Special Use Permit for an
open cut mining permit for Adolph Coors Company; and
WHEREAS, condition No. 2 of said Special Use Permit was amended
by the Board of County Commissioners on July 11, 1979 to state
as follows:
2 . No development of the property occur until
applicant presents a construction and
maintenance program regarding the access
roads, which is acceptable to the Board.
WHEREAS, Adolph Coors Company has presented a construction
and maintenance program to the Board of County Commissioners of
Weld County, Colorado and the Board approved said construction
and maintenance program by resolutions duly adopted on December
19, 1979 and on January 30 , 1980 ; and
WHEREAS, the adoption of the above resolutions and the
approval of said construction and maintenance programs are based
upon agreements and plans which were agreed upon by the parties
and were incorporated as a part of said resolutions; and
WHEREAS, the provisions of C.R.S. 39-29-107. 5, as amended,
require an agreement between the taxpayer and the unit of
local government affected before a taxpayer will be allowed
credits against the Colorado severance tax for expenditures
made by said taxpayer in the construction of public facilities
which are deemed to be necessitated by the initiation of the
taxpayer' s mining operation.
NOW, THEREFORE, in consideration of the covenants and
agreements herein contained, the parties to this Agreement
covenant as follows:
1 . Adolph Coors Company will upgrade Weld County Road
No. 18 from a point 660 feet more or less West of the South quarter
corner of Section 23 , Township 2 North, Range 64 West easterly to
County Road 59, and Weld County Road No. 59 North from County
Road No. 18 to the South line of Sections 11 and 12, Township 2
North, Range 64 West under the following terms and conditions:
A. The roadway will be upgraded according to
the specifications and Coors drawings No.
KM-4-1, KM-4-10, KM-4-11, and KM-4-12.
B. The County will furnish right-of-way for
the roadway improvements to the North line
of Sections 11 and 12, Township 2 North,
Range 64 West with the exception of the
curve at the intersection of County Road
No. 18 and 59 .
C. According to a letter of understanding of
December 12, 1979 between Coors and Mr.
and Mrs. Andreas Arnusch, right-of-way
for improvements to the above mentioned
curve will be granted to Weld County by
the Arnusch' s. Coors will construct a
new driveway on the Arnusch property in
consideration of the right-of-way grant.
D. Weld County will permit Coors to use gravel
from a County pit for roadbase on the
public portion of the roadway. Coors will
be responsible for digging, crushing and
hauling of the gravel .
E. Coors agrees to share costs of applying dust
suppressants to the portion of roadway to
be upgraded until asphalt surfacing can
be accomplished, which will be as soon as
weather permits after the hauling of coal
begins from the mine site.
F. The above roadway work will be completed
for the approximate cost of One Million
Dollars.
2 . After inspection of the completed roadway improve-
ments, the Weld County Engineering Manager will furnish Coors a
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letter accepting all portions of the public roadway for future
maintenance.
Executed by the parties with an effective date as first
appearing in this Agreement.
_ ADOLPH COORS COMPANY,
AT TT---� a Colorado corporation,
B l e ,�y(.d ...
y
A , Se retary Vice President
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Chairman
Recorder a d Clerk to
the Board ) (�, ' y
ce
APPR VED AS TO FORM: G
County Attorney
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