HomeMy WebLinkAbout20063516 RESOLUTION
RE: APPROVE AMENDMENT TO ESCROW/TOLUNG AGREEMENT AND AUTHORIZE
CHAIR TO SIGN
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 Escrow/Tolling
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, the Town of Erie, and Republic Services of Colorado, I, LLC,
commencing upon full execution, with further terms and conditions being as stated in said
Agreement, 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 Escrow/Tolling Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County,the Town of Erie,
and Republic Services of Colorado, I, LLC, 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 27th day of December, A.D., 2006.
BOARD OF •UNTY COMMISSIONERS
WELD CO J'TY, COLORADO
ATTEST: gilt
L is i (;�,�"'••. . .�� J. Geile, Chair
Weld County Clerk to the
P CUSED
David E. Long, Pro-Tem
BY: s %��•' ;` �_t
Depu v Clerk to the Board
Will' m Jerke
A OV DAST \\V N
Robert D. Masd �
oun y A orney
Glenn Vaad
Date of signature: 707-a 7C6
2006-3516
BC0036
AMENDMENT TO ESCROW/TOLLING AGREEMENT
This Amendment to Escrow/Tolling Agreement ("Amendment") is made by and among
THE TOWN OF ERIE, a municipal corporation existing under the laws of the State of Colorado,
("Erie"), THE COUNTY OF WELD, a political subdivision existing under the laws of the State
of Colorado, ("Weld County"), and REPUBLIC SERVICES OF COLORADO I, LLC, a
Colorado limited liability company ("Republic") for the purpose of amending that certain
Escrow/Tolling Agreement previously entered into by and between the parties in July 2006.
Erie, Weld County and Republic are collectively referred to herein as the "Parties."
RECITALS
WHEREAS, in July 2006 the Parties entered into an Escrow/Tolling Agreement to allow
Erie and Weld County sufficient time to resolve certain conflicts and issues regarding Erie's
establishment of its own surcharge fee ordinance, Ordinance 14-2006 (the "Ordinance") and the
continued application of Weld County Ordinances 164 and 164,-A as codified under Article III,
Section 5-3-20 of the Weld County Code (the "County Surcharge"), to solid waste disposal sites
and facilities and transfer stations located within the corporate limits of Erie, Weld County,
Colorado;
WHEREAS, consistent with the terms of the Escrow/Tolling Agreement, Republic has
continued to collect and escrow a 10% surcharge fee on the disposal fees received at the Front
Range Landfill, a solid waste disposal site and facility located entirely within the corporate limits
of Erie, Weld County, Colorado;
WHEREAS, Erie and Weld County previously entered into an Intergovernmental
Agreement Regarding Solid Waste Disposal Sites, effective as of June 3, 1996 (the "IGA"),
which IGA was terminated on June 2, 2006;
WHEREAS, Erie and Weld County have entered into a new Intergovernmental
Agreement ("New IGA"), effective June 1, 2006, in order to clarify that 1) the County Surcharge
does not apply to landfills, solid waste disposal sites, facilities and transfer stations located
entirely within the corporate limits of Erie, 2) Weld County shall not impose the County
Surcharge, or any amendment or revision of the County Surcharge, within the corporate limits of
Erie, and 3) the limitation contained in the New IGA shall in no way affect the ability of Weld
County to impose and collect the County Surcharge in areas of Weld County located outside of
the corporate limits of Erie. A copy of the New IGA is attached hereto and incorporated herein
by reference; and
WHEREAS, the Parties agree that upon full execution of this Amendment, the Escrow/
Tolling Agreement is hereby amended.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and commitments contained
herein, the sufficiency of which as consideration for this Amendment are hereby acknowledged,
the Parties agree as follows:
32681-0001/LEGAL 12917880.2 2006-3516
1. Effective June 1, 2006, 1) the County Surcharge does not apply to landfills, solid
waste disposal sites, facilities and transfer stations located entirely within the corporate limits of
Erie, 2) Weld County shall not impose the County Surcharge, or any amendment or revision of
the County Surcharge, within the corporate limits of Erie, and 3) the limitation contained in the
New IGA shall in no way affect the ability of Weld County to impose and collect the County
Surcharge in areas of Weld County located outside of the corporate limits of Erie.
2. Within thirty (30) days after this Amendment becomes binding and enforceable as
described in paragraph 11 below, Republic shall terminate the existing escrow and pay the
escrowed surcharge fees to Erie consistent with the terms of the New IGA.
3. The Parties agree that the payments by Republic to Erie as described in Paragraph
2 shall not constitute a violation of the Ordinance, the County Code, any Certificate of
Designation issued by Weld County or Erie or any applicable or related zoning approval. Upon
payment of the escrowed 10% surcharge fees, Erie and Weld County waive any other rights to
the 10% surcharge fees collected and escrowed by Republic consistent with the terms of the
Escrow/Tolling Agreement.
4. Upon this Amendment becoming binding and enforceable as described in
paragraph 11 below, Republic shall collect and remit the 10% surcharge fee in accordance with
the terms of Erie's Ordinance and the New IGA.
5. This Amendment may not be enlarged, modified, or altered except in a writing
signed by all the Parties.
6. This Amendment shall be interpreted in accordance with the laws of the State of
Colorado.
7. This Amendment may be executed in multiple counterparts and via telecopy by
all the Parties.
8. The undersigned warrant that, to the best of their knowledge, this Amendment is
fully enforceable in any court of competent jurisdiction.
9. This Amendment shall be assignable and binding on any successor in interest to
the Front Range Landfill upon written notice to and consent of Erie and Weld County, which
consent shall not be unreasonably delayed, conditioned or withheld.
10. Each person signing this Amendment warrants that he or she has been duly
authorized to execute this Amendment on whose behalf the person is signing.
11. This Amendment shall not be binding and enforceable against Erie until it is
ratified by the Board of Trustees for Erie. Likewise, this Amendment shall not be binding and
enforceable against Weld County until it is ratified by the Weld County Board of County
Commissioners.
12. The recitals to this Amendment are hereby incorporated into and made part of this
Amendment.
-2-
32681-0001/LEGAL 12917880.2
IN WITNESS WHEREOF, the Parties have caused the Amendment to be executed by
their authorized representative as of the date shown below.
TOWN OF ERIE:
Town of Erie, Colorado, a municipal corporation existing under the State of Colorado
By: ATTEST:
Name: By:
Title: Name:
Date: Title:
Date:
WELD COUNTY:
The County of Weld, a political subdivision existing under the laws of the State of Colorado,
("Weld County")
By: WI ef/ n` 'A
o ss��T. Mlealei%
Name: M. J. Geile 1861 (� .::,*.:11 ----'0‘412,97 .
Title: Chair, Board of County Co . ' o"4-,- N-" • i siren
Date: DEr 2 7 2006 Depu C/e•-X to e Bcxzro1
q..,N �;r 06
REPUBLIC:
Republic Services of Colorado I, LLC, a Colorado limited liability company
By: ATTEST:
Name: By:
Title: Name:
Date: Title:
Date:
-3-
32681-0001/LEGAL 12917880.2
op066 -,4522
IN WITNESS WHEREOF, the Parties have caused the Amendment to be executed by
their authorized representative as of the date shown below.
TOWN OF ERIE:
Town of Erie, Colorado, a municipal corporation existing under the State of Colorado
ti
By: ATTa
Name: (11/1-C51^-0-- T. i14-(30c2By:
n�e By;
Title: ✓�t.ct-Lto t' Name: /�J c i S. Pt c-eA_
Date: 01 - 09 - 200+ Title: ( =2wh c-b-tic
Date: CI - 0'I -2 coo
WELD COUNTY:
The County of Weld, a political subdivision existing under the laws of the State of Colorado,
("Weld County")
By: ATTEST:
Name: By:
Title: Name:
Date: Title:
Date:
REPUBLIC:
Republic Services of Colorado I, LLC, a Colorado limited liability company
By: ATTEST:
Name: By:
Title: Name:
Date: Title:
Date:
-3-
32681-0001/LEGAL 12917880.2
Jun-19-07 09:04A Mark R Shapiro PC 303 443 3438 P_O5
IN WITNESS WHEREOF, the Parties have caused the Amendment to he executed by
their authorized representative as of the date shown below.
TOWN OF ERIE:
Town of Erie, Colorado, a municipal corporation existing under the State of Colorado
By:. A'1TES1':
Name: BY—
'l'itle:_ Name:_
T)ate: ,. Title:.
Date:
WELD COUNTY:
The County of Weld, a political subdivision existing under the laws of the State of Colorado,
("Weld County")
By: ATTEST:
Name: By:_
Title:_ Nom:
Date: Title:
Date:
REPUBLIC:
Republic Services of Colorado I, LLC,a Colorado limited lia ility company
h ,
BY' ATMS I rvr-.
Na e: DcYor — -. 9. By:
Title: V tit Name: U A
Date: Title: c \
Date: 11-¢105
-3-
32681-0001/110a12917880.2
Jun-19-07 09:03A Mark R Shapiro PC 303 443 3438 P.O2
Perkins
Cole
RECEIVED
499 Wynkoop Street
fAiV t ;. 26:E Suite NO
Jaffrey L Hut
343,291 met 303,291.2313 /y� Denver,CO S0107-1044
cm
M.%: 303.2911400 ess MARK
a RRO,P C PHONE,403.291.2400
MAIDEtepakillSOOkt77111 PAR 30}291.7400
W W W-p nb lrISCOiPhpn
January 3,2007
IZ1 U.S. MAIL
Bruce Barker Mark R. Shapiro,Esq.
Weld County Attorney 1650 38th Street, Suite 105
915 Tenth Street Boulder,Co 80301
P.O.Box 758
Greeley,CO 80632
Re: Republic Services of Colorado I,1.1C
Front Range Landfill
Messrs.Barker and Shapiro:
On behalf of Republic Services of Colorado I,LLC("Republic")and the Front Range
Landfill,enclosed is an original of Republic's signature page to the Amendment to the Escrow
/Tolling Agreement between the Town of Erie,Weld County and Republic. Please forward your
respective original signatures pages to me at your earliest convenience.
Please call if you have any questions.
Sincerely, !l
• Jeffrey L.Hunter
enclosure
•
32611a100t/12934649.1
ANCHORAGE • nrIluN4 9ELLEVOr • P OI,t • CHICAGO • inNVtll . HONG Kr)NC. - LOS ANGELES
MrNl.O PARK • OLYMPIA • PHOtN'!A • PORTLAND . SAN FRANCISCO • SCAT1 LF WASHINGTON, O.C.
Perkins Coie'He and Affiliates
MASH R. SHAPIRO, P.C.
ATTORNEY AT LAW
13150 39TH STREET, SUITE 103
BOULDER, COLORADO 60301-E624
MARK R. SHAPIRO TELEPHONE
(3031 443-3234
TELCCOPIER
January 25, 2007 (303) 443-34331
Jeffrey L. Hunter J Bruce T. Barker
Perkins Coie LLP Weld County Attorney
1899 Wynkoop Street, Suite 700 915 Tenth Street
Denver, CO 80202-1043 P.O. Box 758
Greeley, CO 80632
RE: Republic Services of Colorado I, LLC
Front Range Landfill
Amendment to Escrow/Tolling Agreement
Messrs Hunter and Barker:
Enclosed with this cover letter please find one original signature page, as executed by the
Town of Erie, to the Amendment to Escrow/Tolling Agreement entered into by and among the
Town of Erie, Weld County and Republic Services of Colorado I, LLC.
I have received the original signature page of Republic Services of Colorado I, LLC, and
await delivery of the signature page from Weld County.
Thank you for your assistance in this matter.
Very truly yours,
MARK R.SHAPIRO,P.C.
Mark . Shapiro
/Ig
JAN 2 69007
L
WELD COLA..,.:.
ATTORNEY'S OFFICE
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