HomeMy WebLinkAbout20041043.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING REGARDING THE
PROCUREMENT AND ADMINISTRATION OF A LONG-TERM ROAD MAINTENANCE
AND IMPROVEMENTS AGREEMENT FOR WELD COUNTY ROAD 394 AND
AUTHORIZE CHAIR TO SIGN - CITY OF EVANS
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 Memorandum of Understanding regarding
the procurement and administration of a 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, and the City of Evans, commencing upon full execution of said
Memorandum of Understanding, with further terms and conditions being as stated in said
Memorandum of Understanding, and
WHEREAS, after review, the Board deems it advisable to approve said Memorandum of
Understanding, 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 Memorandum of Understanding regarding the procurement and
administration of a 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, and the City of Evans be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to
sign said Memorandum of Understanding.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 5th day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 12.4# �.:' E i/,A �(�- ,.p 4 \1\1��
.q � Robert D. Masden, Chair
Weld County Clerk to th:j •"ti,
' x°BY: 11
d ., r William H erke, Pro-Tem
Deputy Clerk to the Bo
M. J. --'le
O F
David Long /
�y ttorneyttorney v//
Glenn Vaad
Date of signature: ��R
2004-1043
73“) PL, BC0034
�/�'S B�-/� of
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING ("MOU") is made this 4-411 day of
Apr; t , 2004 between the City of Evans, Colorado ("the City"), whose address is 1100 37th
Street, Evans, Colorado 80620, and the County of Weld, State of Colorado ("the County"),
whose address is P.O. Box 758, 915 10`h Street, Greeley, Colorado 80632.
WITNESSETH:
WHEREAS, the City has adopted an ordinance on first reading and will consider the
second reading of said ordinance on April 6, 2004, to annex, through three consecutive
annexations, a portion of Weld County Road 394 ("WCR 394") in the NE % SW V4 of Section 3,
Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, hereinafter referred
to as the "WCR 394 Annexations," and
WHEREAS, the WCR 394 Annexations are in conjunction with the annexations known
as the Rumsey-Werning-Camenisch Annexations 1-13, and
WHEREAS, said Rumsey-Werning-Camenisch Annexations 1-13 will include properties
for which there is the potential for development of a gravel-mining operation, through a Planned
Unit Development Plan, which will include the need for a haul route on roads which are within
the jurisdictions of both parties, and
WHEREAS, the parties desire to procure with the operator of the gravel-mining
operations a Long-Term Road Maintenance and Improvements Agreement for maintenance and
improvements on WCR 394 and any other roads within the two jurisdictions which will be a part
of the operators' haul route, and
WHEREAS, the parties desire to enter into this MOU in order to define their respective
roles and responsibilities regarding the procurement and administration of said Long-Term Road
Maintenance and Improvements Agreement, and to agree as to additional annexations of WCR
394 by the City to allow for continuity of jurisdiction over said road.
NOW, THEREFORE, the parties agree and understand as follows:
1. Procurement of Agreement: The City shall require, as a condition of approving a
Planned Unit Development Plan for the gravel-mining operation proposed for the area
known as Rumsey-Werning-Camenisch Annexations 1-13, the operator and landowner to
enter into a Long-Term Road Maintenance and Improvements Agreement, substantially
in the form set forth in the attached Exhibit"A,"which addresses the issues of
designation of haul routes and responsibilities of enforcement, improvements to the haul
route (including, without limitation, improvements to the road base and surface,
improvement which may be required by CDOT, and any necessary safety improvements),
and maintenance. The Agreement shall include both the County and the City as parties.
1
2004-1043
The City shall consult with the County regarding the specifics that should be addressed in
the Agreement.
2. Administration of Agreement: Once the Agreement is procured, the County and the
City shall coordinate which entity shall take the lead in administering the Agreement.
The parties will also continue to discuss for agreement other haul routes which may be
necessary for other industrial uses in the area.
3. Annexation of Portions of WCR 394 Immediately Adjacent to Rumsey-Werning-
Camenisch Annexations 1-13: The City agrees to prepare annexation petitions for the
County to sign for the purpose of annexing portions of WCR 394 which are immediately
adjacent to the Rumsey-Weming-Camenisch Annexations 1-13 and located in the S1/2 of
Section 2, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado.
Said annexations would be intended to allow for continuity of jurisdiction by the City
over said stretch of WCR 394 affected by the gravel-mining operations.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding as of the date first written above.
ATTEST: (2/ Beta
, BOARD OF COUNTY COMMISSIONERS OF
a WELD COUNTY, COLORADO
CLERK TO THE BO
$6, stctzliko
By: •`� � ����: ?� �tY
Deputy Clerk tot��`�:'r,Y�4'� Robert D. Masden Chair
04/05/2004
ATTEST: CITY OF EVANS, COLORADO
`�`s ousli sio,
a
By: BY: S
City lelC SEAL •
, Mayor
%s
C+04.ORNOp
2
aoo4- /C93
EXHIBIT
COUNTY OF WELD, STATE OF COLORADO Jeoy_,e-
AND THE CITY OF EVANS, COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2004, by and between the COUNTY
of Weld, State of Colorado, hereinafter called"COUNTY," the City of Evans,Colorado,hereinafter called"CITY,"
and , hereinafter called "OPERATOR".
WHEREAS, OPERATOR has acquired land use permits for gravel mining and plant operations
(referred to herein collectively as"gravel operations")on acres located in
, and
WHEREAS, the gravel operations will generate an increase in heavy traffic, and
WHEREAS,the existing COUNTY and CITY roads that serve the gravel operations will require increased
maintenance and improvement due to the increase in heavy truck traffic associated with the gravel operations, and
WHEREAS, COUNTY, CITY and OPERATOR have reviewed various maintenance and improvements
proposals, and all parties agree that such maintenance and improvements will enhance the accessibility and safety of
the roads that serve said gravel operations.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth,
COUNTY, CITY and OPERATOR mutually agree as follows:
1. OPERATOR will provide for the duration of any material haulage from OPERATOR's gravel
operations the following:
Haul Route(s) and Enforcement
A. The westbound route is defined as follows:
OPERATOR shall be required to enforce compliance with the haul route of all truck
operators entering or exiting the gravel operations.
B. The eastbound route is defined as follows:
OPERATOR shall be required to enforce compliance with the haul route of all truck
operators entering or exiting the gravel operations.
Improvements
C. OPERATOR shall:
•
- 1 -
D. OPERATOR shall:
E. OPERATOR shall provide testing services and inspection for the construction of the
improvements.COUNTY and CITY shall only provide oversight. A registered professional
engineer, registered in the State of Colorado, shall provide the COUNTY and CITY with a
letter that certifies the proper installation of the improvements.
F. Payment for said improvements shall be as follows:
G. Safety improvements shall include:
H. Additional safety improvements shall include:
I. Engineering design and construction plans shall be the responsibility of OPERATOR.
OPERATOR shall provide COUNTY and CITY with construction drawings that detail the
required improvements. The plans shall consist of, at a minimum, intersection layout and
grading,plan and profiles where appropriate, cross sections, signing and striping, structure
plans and property ownership. These plans will require approval by representatives of both
COUNTY and CITY. 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. They will be attached hereto and referenced as Exhibit "A."
J. OPERATOR shall warrant and guarantee all improvements for a period of one year from
completion. All roadway and safety improvements shall be completed prior to the
commencement of hauling operations.
Maintenance
K. OPERATOR agrees to excavate, repair, or patch any damage on said road that has been
created by heavy truck hauling from OPERATOR's gravel pits. The type and method of
repair will be determined by COUNTY and CITY representatives. The repairs shall
commence within thirty(30) days of receipt of our written notice.
N There will be an annual inspection in the spring of the roadways to determine actual
conditions and what work is to be performed that summer if any repairs are needed.
O. At any time in the future, if road damage has increased beyond the point that repair of
damage can reasonably restore the road, OPERATOR will pay a proportionate cost share
based on truck traffic using the haul route in the reconstruction of those parts of said road.
- 2 -
CDOT Improvements
P. OPERATOR shall address any and all access issues raised by the Colorado Department of
Transportation(CDOT), including the following:
2. Prior to the start of mining,COUNTY,CITY and OPERATOR will document the existing condition
of the roadways. This effort will ensure that OPERATOR will not be held responsible for existing
roadway damage, if any.
3. Failure of any 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.
4. This Agreement may not be assigned in whole or in part by OPERATOR without the written consent
of the COUNTY and CITY. Such consent will not to be reasonably withheld, conditioned, or
delayed.
5. 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.
6. Should OPERATOR 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,OPERATOR shall give a minimum notice of
ninety(90) days to the COUNTY and CITY before the date of termination. If the aforementioned
release should occur,the COUNTY and CITY shall have the option of immediately terminating this
Agreement.
7. 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.
8. 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.
9. Indemnification: To the extent authorized by law, OPERATOR agrees to indemnify,save,and hold
the COUNTY and CITY harmless from and against any and all claims, damages, losses, and
judgments, which may be suffered or incurred by COUNTY and CITY as a consequence of any
breach by OPERATOR of its obligations and duties set forth in this Agreement on those portions of
- 3 -
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.
10. 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.
11. 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:
COUNTY:
Weld County Board of Commissioners
P.O. Box 758
Greeley, CO 80632
CITY:
OPERATOR:
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.
IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement the day and year first-above
written.
OPERATOR:
ATTEST: (Name)
By:
By:
- 4 -
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY CLERK TO THE BOARD WELD COUNTY, COLORADO
By: By:
Deputy Clerk to the Board , Chair
ATTEST: CITY OF EVANS, COLORADO
By: By: i��'��1�
, City Clerk / Mayor
- 5 -
Hello