HomeMy WebLinkAbout20073346.tiff RESOLUTION
RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR CR 59
AND AUTHORIZE CHAIR TO SIGN - BRAD AND SCOTT COCKROFTS DAIRY, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Road Maintenance and Improvements
Agreement for County Road 59 between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Public Works,
and Brad and Scott Cockrofts Dairy, with terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Road Maintenance and Improvements Agreement for County Road 59
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Brad and Scott
Cockrofts Dairy, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of October, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
'IL4) D COUNTY, C LORADO
ATTEST: ,?y Cr
R�s -lit
t David E. Long, Chair
Weld County Clerk to the Bi3MCW
William rem
BY: /j 1211
De ty Cle to the Bo r
Vyilliam F. Garcia
AJ?PRO* AS 0 M: C4,\K2
/ Robert D. Masden
ou to y Attorney o ca w.4 C4-41--
Date of signature:
I/17/07 Douglas Rademacher
2007-3346
EG0056
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MEMORANDUM
iiirI TO: Clerk to the Board DATE: October 22, 2007
• FROM: Donald Carroll, Engineering Administrator �(/
COLORADO
SUBJECT: Agenda Item
Please submit this enclosed item for the Board's next agenda:
Road Maintenance and Improvements Agreement with Cockroft Dairy, USR-1602
The appropriate documentation is attached.
Enclosures
pc: Planning Services
USR-1602
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2007-3346
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COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of O-44# 2007, by and
between the COUNTY of WELD, STATE OF COLORA O, hereinafter called "COUNTY" and Brad
and Scott Cockrofts Dairy, LLC (USR-1602) hereinafter called "COCKROFT", and
WHEREAS, COCKROFT has been granted a Weld County site specific development and a
special review permit for a dairy farm operation in Section 11,Township 6 North, and Range 64 West
of the 6th P.M.
WHEREAS, the USR generates an increase in vehicle traffic, and
WHEREAS,the existing County roads that serve the USR will require increased maintenance
and improvement due to the increase in vehicle traffic, and
WHEREAS, the County and COCKROFT have reviewed maintenance and improvements
proposals put forth by COCKROFT,and both parties agree that such maintenance and improvements
will enhance the accessibility and safety of the roads that serve said USR, and
WHEREAS, WCR 59 shall be your main vehicle traffic route, and
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the County and COCKROFT agree as follows:
1. Term: The term of this agreement shall be from the date first written above to and until
Weld County Road 59 is paved.
2. Location: The county roads that serve said USR are WCRs 57, 72, 70, and 59.
3. Improvement and Maintenance to WCR 59:
A. The County shall be responsible for general maintenance, including grading and
snow removal.
B. COCKROFT shall apply dust suppression chemicals (magnesium chloride or
calcium chloride) on WCR 59 adjacent to the existing residential structures
between the dairy access and State Highway 392. Application will be
determined by the Public Works Department Motor Grader Supervisor, a
minimum of twice a year or as needed and not to exceed five(5)times per year.
The application shall be a 300-foot length of frontage.
4. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties, and
nothing contained in this Agreement shall give or allow any claim or right of actions
whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
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3517134 11/13/2007 04:55P Weld County, CO
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5. Indemnification: To the extent authorized by law, COCKROFT agrees to indemnify,
save, defend, and hold harmless County from any and all liability incurred as a result of
acts, omissions,or failures to act by COCKROFT in their performance of the duties set
forth in this Agreement on those portions of said roads described in this Agreement.
The term liability includes, but is not limited to, any and all claims, damages, and court
awards, including costs, expenses, and attorneys= fees, incurred as a result of any act
or omission by COCKROFT and its employees.
6. Modifications and Breach: This Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes any other
agreements concerning the subject matter of this transaction, whether oral or written.
No modifications, amendment, novation, renewal, or other alteration of or to this
Agreement shall be deemed valid or any force or effect whatsoever, unless mutually
agreed upon in writing by the undersigned parties. No breach of any term, provision,or
clause of this Agreement shall be deemed, waived, or excused, unless such waiver or
consent shall be in writing or signed by the party claimed to have waived or consented.
Any consent by any party hereto, or waiver of, a breach by any other party, whether
expressed or implied, shall not constitute a consent to, waiver of, or excuse for any
different or subsequent breach.
7. Non-Assignment: This Agreement shall not be assignable without prior written consent
of County or COCKROFT, whichever is the non-assigning party.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and
year first abo/v�e written.
e
ATTEST: �1) j/4diiJ' ARD OF COUNTY COMMISSIONERS
alt, • D COUNTY, COLORADO
Weld County Clerk to the Board
i
By: lliam H. Jerke, Chair Pro-Tern
puty lerk to (t e Board -5A70/ 10/24/2007
BRAD AND SCOTT COCKROFTS DAIRY, LLC
By: ,r n�zc By:
M:WGREEMENTS Road-Improv\200TCadcron-agr.doc
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3517134 11/13/2007 04:55P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
0700 7- 33 y
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