HomeMy WebLinkAbout20050592.tiff RESOLUTION
RE: NO ACTION CONCERNING LONG TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT - CONQUEST OIL COMPANY
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 proposed Long Term Road Maintenance
and Improvements Agreement 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
Conquest Oil Company, with terms and conditions being as stated in said agreement, and
WHEREAS,a hearing before the Board was held on the 24th day of January,2005,at which
time the Board deemed it advisable to continue said matter to February 23, 2005 at 9:00 a.m., and
WHEREAS,the Board was advised at said hearing on the 23rd day of February, 2005,that
upon receiving a revised request by Conquest Oil Company to increase the additional trucks per day
at the site to 30,the Department of Planning Services asked the Company to submit such request
as an application for amendment to USR-729, which the Company has agreed to do, thereby
necessitating no action by the Board with respect to said proposed Long Term Road Maintenance
and Improvements Agreement.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Board takes no action with respect to the proposed Long Term Road
Maintenance and Improvements Agreement 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 Conquest Oil Company.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
'lowing vote on the 23rd day of February, A.D., 2005.
Si iLa BOARD OF COUNTY COMMISSIONERS
) WELD COUNTY, COLORADO
TT . vva`2A/ dia% -))7L-L,(
O 1:-" William H. rke, Chair
i0-,./ ,,; _, ou r Clerk to the Board
. J eile, Pro-Tem
BY: %l,eabt-a A kit"
Deputy Clerk t6 the Board
D ' Lon
AP O D AS O .
Robe�e� +/asde
ounty Attor y '7
Date of signature: OS',
Glenn Vaad
2005-0592
EG0052
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rsMEMORANDUM
CTO: Clerk to the Board DATE: January 19, 2005
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Long-Term Road Maintenance and Improvements Agreement with Conquest Oil Company
(USR-729)
The appropriate documentation is attached.
Enclosures
pc: Keith Meyer, Engineering Division Manager
Donald Carroll, Public Works Engineering Administrator
M:\Franc ie\AgendaDonald.doc
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M: \Francie\AgendaDona1d. doc 2005-0592
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT,made and entered into this 1 l`"day of January,2005,by and between the COUNTY of Weld,State of
Colorado, hereinafter called "COUNTY" and CONQUEST OIL COMPANY (USR-729), hereinafter called
"CONQUEST".
WHEREAS,CONQUEST has acquired land use permits from the COUNTY for the brine water disposal facility
located in the Southwest ''A, Southeast 'A of Section 26, Township 6 North, Range 65 West of the 6th P.M., Weld
COUNTY,Colorado and
WHEREAS,said brine water disposal will generate increased heavy truck traffic and
WHEREAS,the existing COUNTY road that serves the property will not efficiently support the increased truck
traffic,and
WHEREAS,COUNTY and CONQUEST have reviewed maintenance and improvements proposals put forth by
COUNTY,and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the
roads that serve said the brine water disposal facility.
NOW,THEREFORE,in consideration of the mutual covenants and conditions hereinafter set forth,COUNTY and
CONQUEST mutually agree as follows:
1. CONQUEST shall be responsible for upgrading as provided in Sections 2 and 3 and maintenance as
provided in Section 4 of the designated haul route on WCR 64 west of WCR 47 to the facility
(approximately 2,000 feet).
2. Road improvements shall consist of improving the intersection of WCR 64 and WCR 47 with adequate
turning radiuses,widening this section of WCR 64 to 24 feet in width to accommodate two-way heavy
truck traffic,improvements at the approach road to the site,ditch relocation,extension of culverts,and
other relevant improvements within the County right-of-way.
3. The improvements shall also consist of adequately grading the road,applying 3"of road base material,and
applying magnesium chloride to manufacturer's recommendations, as determined by the Public Works
Department twice a year or as needed.
4. CONQUEST shall furnish the necessary base material,magnesium chloride,equipment, and labor.
County will provide maintenance as currently scheduled.
CONQUEST'S maintenance shall consist of magnesium chloride applications and/or additional road base
to keep the surface reasonably smooth and to control dust as determined by the Weld County Engineer or
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his representative. CONQUEST is responsible for using materials and methods consistent with any
federal, state, or local laws, rules, or regulations pertaining to hazardous materials, health, and
environmental protection.
5. A construction drawing will be required for review and approval at all intersections showing the typical
roadway cross section.
6. Engineering design and construction plans shall be the responsibility of CONQUEST. Construction
drawings shall be provided by CONQUEST outlining the required improvements. The plans shall consist
of,at a minimum,intersection layout and grading,plan and profiles where appropriate,cross sections,and
property ownership. These plans will require approval by the Public Works Director/County Engineer or
his representative. The construction plans must be prepared by a registered professional engineer
registered in the State of Colorado. The plans,when reviewed and approved will,constitute a section of
this agreement. They will be attached hereto and referenced as Exhibit"A".
7. CONQUEST shall warrant and guarantee all improvements under Sections 2 and 3 for a period of one year
from completion. All roadway and safety improvements shall be completed prior to the commencement of
hauling operations.
8. CONQUEST shall provide testing services and inspection for the construction. 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.
9. 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, but shall not excuse the 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.
10. Except for the right to assign this Agreement to Conquest Oil Company or Marcum Mainstream 1995-2
Business Trust,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.
11. 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.
12. Should CONQUEST sell its operation,cease operating,file bankruptcy,or in any way release ownership
and responsibility of the permitted property,this Agreement as set forth herein,shall be terminated. If the
aforementioned release should occur,CONQUEST shall give a minimum notice of ninety(90)days to the
COUNTY before the date of termination. Notwithstanding the terms of this paragraph,the requirements
of USR-729 shall not be waived by the terms of this paragraph and the failure to have a maintenance
Agreement in effect may be grounds to revoke USR-729.
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13. 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 Uniform Manual on Traffic Control Devices.
14. 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.
15. Indemnification: To the extent authorized by law,CONQUEST agrees to indemnify,save,and hold the
COUNTY harmless from and against any and all claims,damages,losses,and judgments,which maybe
suffered or incurred by the COUNTY as a consequence of any breach by CONQUEST 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.
16. 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.
17. All notices to be given under this Agreement shall be in writing and delivered in person, 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) 970-356-4000
P.O. Box 758
Greeley,CO 80632
Conquest Oil Company(CONQUEST) 970-356-5560
1610 29th Ave. PL,#200
Greeley,CO 80634
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.
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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: 4 Ir Vn CON OIL CO
By:
Dale S. Butcher, ice President
ATTE . BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
Weld County Clerk to the
By: By:
utyClerktotheBoard Wi . Jerke, Chairman 02/23/2
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Donald Carroll
From: Lee Morrison
Sent: Monday, September 20, 2004 3:50 PM
To: Donald Carroll
Subject: Patina/Conquest Agreement- USR729 SWSE sec 26-6-65
i/tooks OK. Only question is whether the assignement is to be to Conquest or the Partnership
V that they sometimes take title under. You may want to ask Conquest or Patina about it
la D. McNw+s+-
Assistant Weld County Attorney 915 10th St., PO Box 758
Greeley, CO 80632 (970)356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient, please
reply and delete your copy of this message."
9/21/2004
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MEMORANDUM
WligeTO: File DATE: August 18, 2004
FROM: Donald Carroll, Engineering Administrator
COLORADO SUBJECT: USR-729
Tracy Dryer and I met with Patina Oil & Gas and Conquest Oil representatives to discuss the
Long-Term Maintenance and Improvements Agreement for the Upgrade of WCR 64 west of
WCR 47 to the facility (approximately 2,000 feet) as the designated haul route.
One of the items disccused was the width of the existing roadway. The Weld County standard
for a gravel road is 26 feet in width. In evaluating the 2,000-foot section, there is live water on
the north and two power poles on the south side that restrict the road width. WCR 47 goes into
a dead end on the east side of the Weld County/Greeley Airport and the only users of the road
is the Lystern family and their hired man. Patina is leasing this USR site from the family.
Due to the low volume of traffic and that the road is not a through road, we are agreeable to
reduce the standard width to 24 feet to accommodate two-way traffic with adequate turning
radiuses at the intersection. The 24-feet width would make this project more doable without
creating a major relocation of the power poles, ditches, and the existing splitter boxes
associated with the irrigation system.
The applicant is agreeable with all other items associated with the improvements agreeable.
pc: Keith Meyer
Tracy Dyer
Kim Ogle
USR-729 file
WCR 64 file
M:\PLANNING-DEVELOPMENT REVIEW\Correspondence\memotofile-USR-729.DOC
oZ1q 5 - cc199
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