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Home My WebLink About20062873 RESOLUTION RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WELD COUNTY ROADS 13 AND 54 AND AUTHORIZE CHAIR TO SIGN - LOVELAND READY MIX, DBA JOHNSTOWN READY MIX 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 Long-Term Road Maintenance and Improvements Agreement for Weld County Roads 13 and 54 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 Loveland Ready Mix, dba Johnstown Ready Mix,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 Long Term Road Maintenance and Improvements Agreement for Weld County Roads 13 and 54 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 Loveland Ready Mix, dba Johnstown Ready Mix 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 16th day of October, A.D., 2006. BOARD OF COUNTY COMMISSIONERS +_. WELD CO , COLORADO ATTEST: 1 4t, ' " ` (-Ave . J. eile, Chair Weld County Clerk to the Board g *` XCUSED *u °.. David E. Long, Pro-Tem • BY: • Depu Clerk the oard EXCUSED Wi • m H. Jerke }1-PcCR D AS TO • Robert D. Masd n o nt torney _' 1a I Glenn Vaad , i Date of signature: la 2 11f Glf; 2006-2873 EG0054 L-H*** MEMORANDUM CTO: Clerk to the Board DATE: October 9, 2006 • COLORADO FROM: Donald Carroll, Engineering Administrator SUBJECT: Agenda Item Long-Term Road Maintenance and Improvements Agreement with Loveland Ready Mix DBA Johnstown Ready Mix (USR-1329) The appropriate documentation is attached. Enclosures pc: Peter Schei, Senior Engineer Drew Scheltinga, County Engineer Kim Ogle, Planning USR-1329 M:\Francie\AgendaDonald nonex.doc r � M: \Francie\AgendaDonald nonex. doc 2006-2873 210 COUNTY OF WELD, STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this 22 day of ."-- __Ple- Y ,2006,by and between the County of Weld, State of Colorado, hereinafter called "COUNTY" and LOVELAND READY MIX DBA JOHNSTOWN READY MIX(permitted under USR-1329), hereinafter called "JOHNSTOWN READY MIX". WHEREAS, JOHNSTOWN READY MIX has acquired land use permits from the COUNTY for gravel mining, an asphalt and concrete batch plant on 227 acres located in part of the Northwest 1/4 and the Northeast''/4 of Section 30,Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado and WHEREAS,other gravel operators are operating similar gravel pits in the immediate vicinity of the above-mentioned gravel pits, and other gravel pits shall generate an increase in heavy truck traffic, and WHEREAS, the JOHNSTOWN READY MIX gravel pit has increased its permitted mining area and will generate heavy truck traffic for an extended period of time, and WHEREAS,the existing County roads that serve the gravel pits and plant site shall require increased maintenance and improvements due to the increase in heavy truck traffic, and WHEREAS,COUNTY and JOHNSTOWN READY MIX have reviewed maintenance and improvements proposals put forth by JOHNSTOWN READY MIX, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said gravel pits. WHEREAS, upon execution of this Agreement, the previous Long-Term Road Maintenance and Improvements Agreement between COUNTY and JOHNSTOWN READY MIX for the Green/Croissant and Walter/Bokelman gravel operation and ready mix concrete plants(permitted as USR-1329)and recorded with the Weld County Clerk and Recorder at reception number 095730000038 shall be terminated and of no further force and effect. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, COUNTY and JOHNSTOWN READY MIX mutually agree as follows: 1. JOHNSTOWN READY MIX will provide for the duration of any material haulage from its Green/Croissant and Walter/Bokelman gravel pit operations(permitted as USR-1329)with the legal description as part of the Northwest''/4 and the Northeast 1/4 of Section 30, Township 5 North, Range 67 West of the 6th P.M. Haul Route A. All haul trucks will exit and enter the site via the existing access road directly onto Weld County Road (WCR) 13 at both plant sites. The haul route shall be WCR 13 between Green/Croissant and Walter/Bokelman gravel operations also on WCR 54 between WCR 13 and WCR 15. The remaining haul route is within Larimer County on LCR 18. B. JOHNSTOWN READY MIX shall complete this agreement prior to commencement of hauling operations. M:\AGREEMENTS\Road-Improv\2006\Loveland(Johnstown)Ready Mix.doc 1111111111111111111111111111402 OMB 602:54P 4ed County,1 III IIII I'll _ 1 - 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder xce)6 af73 C. JOHNSTOWN READY MIX shall start working on haul route improvements within six(6)months of signed agreement and be completed in approximately six (6) months from the start of the road construction. The time period shall start when materials are hauled off the site. JOHNSTOWN READY MIX shall have the right to request an extension of an additional six(6)months if needed to accommodate the approval process in Larimer County. D. JOHNSTOWN READY MIX will provide testing services and inspection for the construction of the improvements. The COUNTY will only provide oversight. A registered professional engineer, registered in the State of Colorado, shall provide the COUNTY with a letter that certifies the proper installation of the improvements. E. JOHNSTOWN READY MIX shall pay 100% of the improvements on WCR 13 from their main entrance of Walter/Bokelman Gravel Pit South to the intersection of WCR 13 and WCR 54. F. The improvements shall include: upgrading with additional gravel and asphalt,adequate turning radii at both the main pit entrance and the intersection of WCR 13 and WCR 54. The asphalt overlay shall be a minimum of 24 feet wide with a four-foot gravel shoulder on both sides. G. The engineering design and construction plans shall be the responsibility of the gravel hauler. The applicant shall provide the COUNTY with construction drawings that detail the required improvements. The plans shall consist of, at a minimum, main entrance intersection layout and grading, cross section, approach road, and adequate turning radiuses. A geometric design recommendation on depth of additional asphalt overlay to accommodate heavy truck traffic. These plans will require approval by the Public Works Director/County Engineer or his representative. A registered professional engineer registered in the State of Colorado must prepare the construction plans. The plans, when reviewed and approved, will constitute a section of this agreement. H. The applicant shall warrant and guarantee all improvements for a period of one year from completion. Maintenance I. JOHSTOWN READY MIX agrees to excavate,repair,or patch any damage on said road that has been created by heavy truck hauling from the Green/Croissant and Walter/Bokelman Gravel Pits. The type and method of repair will be determined by the Public Works Director/County Engineer or his representative. The repairs shall commence within thirty(30)days of receipt or our written notice. J. There will be an annual road inspection in the spring to determine actual conditions and what work is to be performed that summer if any repairs are needed. K. At any time in the future, if road damage has increased beyond the point that repair of damage can reasonable restore the road,JOHNSTOWN READY MIX will pay a proportionate cost share based on truck traffic using the haul route in the reconstruction of those parts of said road. 2. Failure of either party to perform any of its respective obligations hereunder by reason of acts of God,strike,or acts of any governmental agency or authority having jurisdiction over matters set forth herein shall excuse timely performance of such obligations as soon as reasonably practical. The parties may,however, mutually consent to excuse a party from performing any obligation, in whole or in part, upon a showing that performance has been rendered impracticable by reason of FORCE MAJEURE. 3. This Agreement may not be assigned in whole or in part by either party hereto without the written consent of the other party. Such consent will not to be reasonably withheld, conditioned, or delayed. HBO 1111111111111(1111111111Milan IIII IIII 2 3430270 10/26/2006 02:54P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 4. If any clause or provision of this Agreement is illegal,invalid,or unenforceable, then it is the intention of the parties that the remainder of this Agreement shall not be affected. 5. Sale or transfer of the operation permitted under USR-1329 shall not relieve JOHNSTOWN READY MIX of its obligations under this Agreement. Should JOHNSTOWN READY MIX file bankruptcy, or in any way attempt to disavow or renounce the obligations of this Agreement, the COUNTY shall have the option of immediately terminating this Agreement. Notwithstanding the terms of this paragraph, the requirements of USR-1329 shall not be waived by the terms of this paragraph and the failure to have a maintenance Agreement in effect combined with a lack of good faith effort on the part of JOHNSTOWN WN READY MIX or its successor to enter into a replacement maintenance agreement may be grounds to revoke USR-1329. 6. All construction and materials controls for a project will be in accordance with the current Standard Specifications for Road and Bridge Construction, as supplemented or revised, provided by the Colorado Department of Transportation. During construction, signage shall be posted in accordance with the most current Manual of Uniform Traffic Control Devices. 7. 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. 8. Mutual Indemnification: To the extent authorized by law,JOHNSTOWN READY MIX and the COUNTY mutually agree to indemnify,save,and hold harmless each other from and against any and all claims,damages, losses, and judgments, which may be suffered or incurred by either party as a consequence of any breach by either party of its obligations and duties set forth in this Agreement on those portions of the haul route described in this Agreement. In the event that any dispute shall arise under this Agreement, the prevailing party in such dispute shall be entitled, in addition to any other relief to which such party may be granted, to recover its reasonable attorney's fees and court costs incurred in connection with the resolution of such dispute. 9. By entering into this Agreement, the parties do not intend, either expressly or implicitly, to create a joint venture or partnership. Except as provided herein,neither party shall have the right or authority to act for,or on behalf of, or to enter into any obligations which are binding on the other party to this Agreement. 10. All notices to be given under this Agreement shall be in writing and delivered in person, facsimile,or mailed by certified or registered U.S.Mail,or sent by a nationally recognized overnight delivery service,to the party to receive such notice at the following addresses: Weld County Board of Commissioners (COUNTY) P.O. Box 758 Greeley, CO 80632 LOVELAND READY MIX 1811 W. 12TH Street Loveland, CO 80537 All notices shall be effective upon receipt by the party to receive such notice, or by the third day following deposit of said notice in U.S.Mail,or the first day following deposit of acknowledgment of refusal of delivery of said notice. 111111111111111111111111111111111111111III 11111 IIII III! 3 3430270 10/26/2006 02:54P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 12. In addition to any other remedy available to the COUNTY in law or equity, failure to comply with this agreement may be considered as grounds for revocation of USR-1329 as it now exists or may, from time to time,be amended in accordance with the procedures of the USR and the Weld County Code. 13. A note shall be placed on the plat that states the applicant shall enter into a Road Maintenance and Improvements agreement with the Board of County Commissioners if,at any time in the future,maintenance of Weld County 13 becomes the responsibility of Larimer County. IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement the day and year first above written. WHEREFORE,parties have hereunto set their hands and seals the date and year first written above. ATTEST: LOVELAND READY MIX CONCRETE,INC. Q�j / 0a "/ 2/ By: tett - By: >7TL72lc7u :fedv Jcrc- /�cr9S ATTEST /�'(/vG✓� J, • • OF COUNTY COMMISSIONERS D COUNTY, COLORADO Wel County Clerk to the Board e a 1 By: „ lCti By: ' deer puty Cl c to the Board ic,. M. J. Geile, Chair OCT 1 6 2006 1111111111111111111111111III 1111111111 III 11111 1111 1111 3430270 10/26/2006 02:54P Weld Conn 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk:Recorder M:WGREEMENTS\Road-lmprov\2006\Loveland(Johnstown)Ready Mix.doc - 4 - :?OR6 - 472 P ZS ME Banks and Gesso, LLC 720 Kipling St.,Suite117 ■■ Lakewood, Colorado 80215 (303) 274-4277 Fax (303) 274-8329 www.banksandgesso.com Memo f EfllVE To: Don Carroll D Weld County Public Works OCT - 9 2006 1111 H Street Greeley, CO 80632 WELD COUNTY PUBLIC WORKS DEPT Kim Ogle, Wel County Planning Services From:Alex Scha Re: AmUS -13 , g Term Road Maintenance & Improvements Agreement Date: 6 October 2006 Don — Please find enclosed the Long Term Road Maintenance and Improvements Agreement for the amended Green/Croissant Sand and Gravel facility (AmUSR- 1329). The applicant, Loveland Ready Mix Concrete, Inc., has executed the agreement, which we have worked with you to refine on previous occasions. This agreement fulfills Condition 1K regarding the recording of the referenced Use by Special Review plat. As we discussed today, please schedule this for the signature of the Board of County Commissioners at the soonest opportunity. Once the Agreement is fully executed, please also note that Kim Ogle at Planning Services may require verification of the satisfaction of this Condition. Should any questions arise, please feel free to contact me at 303-274-4277. Regards - Alex Hello