HomeMy WebLinkAbout20083279.tiff RESOLUTION
RE: APPROVE AMENDMENT TO LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT FOR COUNTY ROADS 18 AND 25 AND
AUTHORIZE CHAIR TO SIGN - ZADEL FAMILY, LLLP
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 has been presented with an Amendment to the Long-Term Road
Maintenance and Improvements Agreement for County Roads 18 and 25 between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Department of Public Works, and Zadel Family, LLLP, 9075 County
Road 19, Fort Lupton, Colorado 80621, commencing August 15, 2008, and ending June 31, 2009,
with further terms and conditions being as stated in said amendment, and
WHEREAS,after review,the Board deems it advisable to approve said amendment, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Amendment to the Long-Term Road Maintenance and Improvements
Agreement for County Roads 18 and 25 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County
Department of Public Works, and Zadel Family, LLLP, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of December , A.D., 2008, nunc pro tunc August 15, 2008.
BOARD OF COUNTY COMMISSIONERS
1 I WELD COUNTY, COLORADO
f f
ATTEST: .I c
O " tIP illiam H. Jerke, Chair
Weld County Clerk to the '
XCUSED
II / Robed
M e ro-Tem
BY: 114 (1717 •~i„ �1
Dep Cler to the Board (/
Willi F. Garcia
APPROVI5D AS TO,T ��
David E. Long
12bunty t ney
13�3(I Douglas adema her
Date of signature:
2008-3279
EG0058
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MEMORANDUM
TO: Clerk to the Board DATE: November 18, 2008
•
COLORADO
FROM: Richard Hastings, Public Works
SUBJECT: Agenda Item
Amendment to the Long-Term Road Maintenance and Improvements Agreement for WCRs 18 and 25
with Zadel Family LLLP (doc# 2005-0655).
pc: Stephanie Arries, Assistant County Attorney
Don Carroll, Public Works
Josh Holbrook, Public Works
M:AFrancieAAgenda Item doe
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1
2008-3279
1j
AMENDMENT TO LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT FOR COUNTY ROADS 18 AND 25
(ZADEL)
+ti
THIS AGREEMENT is made and entered into this 1'3 — day of 11JoJLw,\ r
2008, by and between Zadel Family LLLP, (permitted under the name Northern Colorado G*
Constructors, Inc., USR-1394), hereinafter referred to as "Zadel", with an address of 1204 %r fi
County Road 19, Fort Lupton, Colorado 80621, Weld County Colorado, and the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
Colorado, hereinafter referred to as "County", with offices located at 915 10th Street Tenth
Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, Zadel has an agreement with the County for long term maintenance and
improvements for Weld County Roads 18 and 25, dated the 16th day of February, 2005, titled
"LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR
COUNTY ROADS 18 AND 25 (ZADEL)," (hereinafter referred to as"Agreement"), and
WHEREAS, paragraphs C through L of the section referred to as "Improvements" of said
Agreement state that Zadel is to be responsible for a proportional share of the maintenance of the
improvements made pursuant to the Agreement, and
WHEREAS, the parties have agreed that Exhibit B's allocation of financial responsibility
shall be applicable to the "Realignment" project described on Exhibit A for the purpose of
allocating Zadel's share of the expenses, which share shall be twenty-eight percent (28%) of the
cost of the Improvement for the "Realignment"project, and
WHEREAS, the cost of the first "Realignment" project has been determined to be
$341,746.50, and Zadel's share is $95, 689.03, and
WHEREAS, Zadel desires to pay its share of the maintenance expense in a series of four
(4) equal payments every three months,
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
in this Agreement and in the Agreement of February 16, 2005, County and Zadel mutually agree
as follows:
A. Zadel shall pay to County the amount of$95,689.03 as follows:
Iii
1. $23,922.25 shall be paid to County on August 15, 2008. t'.;
2. $23,922.26 shall be paid to County on November 17. 2008. r-. ' ,45
3. $23,922.26 shall be paid to County on February 16, 2009. ,,i<-. - ,
4. $23,922.26 shall be paid to County on May 15, 2009. t , ,i t✓�
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3598819 01/09/2009 12:29P Weld County, CO ��('
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder r-Yee�'-�� /
B. IT IS FURTHER AGREED that if Zadel fails to make the payments as set forth above,
the principal balance shall draw interest at the rate of six percent (6%) per annum, and that
failure to make any payment of the principal as set forth above shall cause the obligation to
become due at once, at the option of the County. Zadel specifically waives presentment for
payment, protest, notice of nonpayment and of protest, and if this note, or any default interest
thereon is not paid, or suit is brought, agrees to pay all reasonable costs of collection, including
County's attorney fees.
C. IT IS FURTHER AGREED that a failure to pay this obligation as set forth above may
result in the revocation of Use by Special Review Permit# 1394 for ZADEL Pit#1.
IN WITNESS WHEREOF the parties hereto have signed this Amendment this 17 day of
No,jw.,b.r , 2008.
Zadel Family LLLP:
By: 6O- fl
Zadel,
General Partner ^ ,
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ATTEST Li/ '/ %i' f, 'T COUNTY OF WELD, STATE OF
,'COLORADO, by and through the Board of
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i
County Commissioners of Weld County
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Clerk to the r. .ard - / I1'" ✓J William H. Jerke, Chairman
DEC 1 2008
APPROVED AS TOYPlRM:
ounI Attorney
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3598819 01/09/2009 12:29P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 3a
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