HomeMy WebLinkAbout20051114.tiff RESOLUTION
RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
FOR WELD COUNTY ROAD 38 AND AUTHORIZE CHAIR TO SIGN -BRITTARA LAND
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 Long-Term Road Maintenance and
Improvements Agreement for Weld County Road 38 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 Brittara Land Company,P.O.Box 547,Windsor,Colorado 80550,
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 Road 38 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 Brittara
Land Company 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 4th day of April, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
�'® WELD COUNTY, COLORADO
;
ai EXCUSED
William H. rke, Chair
�n lerk to the Board
. J. ei e, Pro-Tem
BY:
Deputy Clerk to the Board EXCUSED
Dqvig E. Lon
Robert D. Mas n
ounty Attorney
lenn Vaad
Date of signature: h /S 5-
2005-1114
EG0052
0
MEMORANDUM
1
CTO: Clerk to the Board DATE: March 24, 2005
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
1. Long-Term Road Maintenance Agreement with Brittara Land Company(AmUSR-
935)
2. Agreement for Improvements for WCR 38 Road Stabilization for Dust Control with
Brittara Land Company (AmUSR-935)
The appropriate documentation is attached.
Enclosures
pc: Keith Meyer, Engineering Division Manager
Donald Carroll, Public Works Engineering Administrator
M:\Francie\AgendaDonald.doc
Y {
M: \Francie\AgendaDona1d.doc 2005-1114
981
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 1 day of March , 2005, by and
between the County of Weld, State of Colorado, hereinafter called "COUNTY" and Brittara Land Company
(AmUSR-935), hereinafter called"BRITTARA."
WHEREAS, BRITTARA has been granted a Weld County site specific development and a special review
permit for a landscape materials yard in part of the East'', Southwest'''A of Section 36,Township 4 North,Range 68
West of the 6th P.M, Weld County, Colorado and
WHEREAS, the USR generates an increase in heavy 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,COUNTY and BRITTARA have reviewed maintenance and improvements proposals put forth
by BRITTARA and both parties agree that such maintenance and improvements will enhance the accessibility and
safety of the roads that serve said USR.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth,
COUNTY and BRITTARA mutually agree as follows:
1. Term: The term of this agreement shall be from the date first written above to and until Weld
County Road 38 (haul route) is paved.
2. Location (Haul Route): The designated haul route shall be WCR 38 from the USR site east to
WCR 13. The westbound shall be local deliveries only.
3. Improvement and Maintenance to WCR 38:
A. The COUNTY shall be responsible for general maintenance, including grading and snow
removal. The COUNTY shall be responsible for the preparation of the road base prior to the
application of the dust suppressant chemicals described in 3B herein.
B. BRITTARA shall apply dust suppression chemical(magnesium chloride or calcium chloride)
on said roads as determine by the Public Work Department twice a year or as needed. Apply
approximately 300 feet in front of the existing homes along the WCR 38 haul route. The
first application will be after issuance of the certificate of occupancy.
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
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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.
5. Indemnification: To the extent authorized by law,BRITTARA 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 BRITTARA in its 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 BRITTARA 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 BRITTARA whichever is the non-assigning party.
8. When the COUNTY and the adjacent developer (Stamp Miron Subdivision) stabilize WCR 38,
BRITTARA shall share in the proportional cost of stabilization based on the total amount of site
generated truck trips. The costs share will represent engineering,construction,and permitting. The
dust suppression agreement shall be replaced by the road stabilization for dust control.
9. Brittara shall enter into an Agreement for Improvements for WCR 38 "Road Stabilization" for dust
control.
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iN WITNESS SS WHEREOF,the parties hereto have duly executed this Agreement the day and year first above
written.
WHElt.E.kt)RE,:parties have hereunto set their hands and seals the date and year first written above.
BRITT;YR:A LAND COMPANY LLC
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BY ......-.__. ':.::.e.:. i.Igna�t By: ............ ..
BOARD OF COUNTY COMMISSIONERS
41E, rfJ'UG """ WELD COUNTY,COLORADO
Id . ti .k tb the Board
1861rL Y
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n't By: _ Liec,-
1 .v:{;leek to the Board M. J. Geile Chair Pro-Te&4/04/2005
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