HomeMy WebLinkAbout20042342.tiff RESOLUTION
RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR USE BY
SPECIAL REVIEW#1438 AND AUTHORIZE CHAIR TO SIGN -HCP VENTURES, LLLP
AND CAREERS WORLD WIDE
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, on April 21, 2004, the Board of County Commissioners approved Use By
Special Review#1438 for HCP Ventures, LLLP/Floyd Winslow,c/o Careers World Wide,Attn:Terry
Douglass and Charles Tweedy, 29555 East 144th Avenue, Brighton, Colorado 80603, for a Site
Specific Development Plan and Use by Special Review Permit#1438 for a Business permitted as
a Use by Right or Accessory Use in the Industrial Zone District (truck driving school) in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the NW1/4 of the NW1/4 of Section 28,
Township 2 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
a Road Maintenance and Improvements Agreement to apply chemical dust suppression on Weld
County Roads 18 and 53, for Use by Special Review#1438 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 HCP Ventures, LLLP,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 Road Maintenance and Improvements Agreement for Use by Special
Review#1438 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 HCP Ventures,
LLLP/Floyd Winslow, do Careers World Wide,Attn: Terry Douglass and Charles Tweedy, 29555
East 144th Avenue, Brighton, Colorado 80603 be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2004-2342
EG0047
CO', PLO 4p/°k- oq
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WCR 8
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 9th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
Els . AV
Robert D. Masden, Chair
861 1 p
rk to the Boardrd�els William H. Je /-, Pro-Tem
puty Clerk to the Board
M. J. h
A OV AST •
David _Long
{
unty Attorney
Glenn Vaad /
Date of signature: Meier
2004-2342
EG0047
• \ ., MEMORANDUM
CTO: Board of County Commissioners DATE: August 5, 2004
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Road Maintenance and Improvement Agreement to apply chemical dust suppression on WCR
18 and WCR 53 (USR-1158, Careers World Wide).
IT-3S'
Enclosures
pc: Don Carroll
Keith Meyer
Jacqueline Hatch
NI: I-F¢mcic'.A(it:NUA-5_doe
2004-2328'
1�
COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT,made and entered into this 9 fl day of u5+ , 2004,by and between
the COUNTY of WELD, STATE OF COLORADO, hereinafter called "CTY" and HCP VENTURES,
LLLP. hereinafter called "HCP ," and Careers World Wide hereinafter called"CWW" , (USR-1438).
WHEREAS,HCP and CWW has been granted a Weld County site specific development and a special
review permit for a truck driving and heavy equipment school in the NW '/4, NW '/4 in Section 28,Township 2
North,Range 64 West of the 6th P.M.
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, the COUNTY and HCP/CWW have reviewed maintenance and improvements proposals
put forth by HCP/CWW 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,the
COUNTY and HCP/CWW agree as follows:
1. Term: The term of this agreement shall be from the date first written above to and until Weld
County Roads 18 and 53 (haul route) are paved.
2. Location: The county roads that serve said USR are WCR 18 and WCR 53.
3. Improvement and Maintenance to WCR 18 and WCR 53:
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. HCP/CWW shall apply dust suppression chemicals (magnesium chloride or calcium
chloride)on said roads as determined by the Public Works Department twice a year or as
needed. Apply approximately 300 feet in front of the existing homes along the WCR 18
and WCR 53 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 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.
11111111111 MI 111111111111 RI11111 III 11111 IIII IIII
3213141 08/27/2004 01:17P Weld County, CO
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a
Road Maintenance and Improvements Agreement
USR-1438
Page 2
5. Indemnification: To the extent authorized by law,HCP/CWW 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 HCP/CWW in her 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 HCP/CWW 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 HCP/CWW whichever is the non-assigning party.
8. HCP Ventures,LLLP shall be fully released from this agreement upon recording the deed of sale
of property to Careers World Wide/Charles Tweedy.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and year first
above written.
: 1 It.e / M44, 47( BOARD OF COUNTY COMMISSIONERS
1E1L WELD COUNTY,
COLORADO
�p
rk to the Board ��V'�"�RA1861 „„x�,,` /- By: SAIrRA
y: Robert D. Masden, Chair Atie Q 9 2004
O ,
. epitti erk to the Board _
1Ji , -,
HCP VENTURES,LLLP CAREERS WORLD WIDE
BY: e. "---1,51744.41 By: �� ��
Flo weedy
Y
HBO 11111 11111 HEIM! 11111 IIIII III IIIII IIII IIII
3213141 08/27/2004 01:17P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder (-1,i?e,/- y.�
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