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AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME. 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, Weld County has improved Weld County Road 7 between County Line Road and Weld County Road 6 for providing better access to Colorado Landfill, Inc. ' s landfill site, and WHEREAS, a Road Improvement Agreement between Weld County, Colorado and Colorado Landfill, Inc. has been prepared which pro- vides that Colorado Landfill, Inc. will pledge 5% of their gross revenue to reimburse Weld County for 50% of the costs of the improvements to Weld County Road 7 , said payments to commence February 1, 1981 and to continue until said 50% is paid in full. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Road Improvement Contract between Weld County, Colorado and Colorado Landfill, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado that the Chairman of the Board be, and hereby is, authorized to sign said Contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of December, A.D. , 1980 . BOARD OF COUNTY COMMISSIONERS ATTEST: VIA,' ',u, l 4441, ,G,4.1,r&✓ WELD COUNTY, dCOLORADO Weld County Clerk and Recorder //1-c2C (Aye) a erk to the B rd C . W. K rby, chairman BY: ;Q ABSENT DATE SIGNED (Aye) l/ /Deeputy oun y Clerc Leonard L. Roe, Pro-Tem APPROV AS TO FORM: (Aye) CNorman Carlson County < /01,6 j y (Aye) L Dunbar, "/ 1 /� � j P u//Ri' kr P.VAl Pt[eye) DATE PRESENTED: DECEMBER 22 , 1980 881334 Pt-0(031 ROAD IMPROVEMENT CONTRACT THIS AGREEMENT, made and entered into this 17thday of December, 1980, by and between the COUNTY OF WELD, STATE OF COLO- RADO, hereinafter referred to as "County, " and COLORADO LANDFILL, INC. , a Colorado corporation, hereinafter referred to as "Landfill. " WITNESSETH: WHEREAS, Landfill has previously been issued a Certificate of Designation for a solid waste disposal site on property located in Section 29 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, pursuant to the provisions of 30-20-101, et seq. , CRS 1973 , as amended, and WHEREAS, County has the authority, pursuant to 30-20-115, CRS 1973, as amended, to fix, modify and collect service charges from users of solid waste disposal sites and facilities for the purpose of financing the operations of those sites and facilities, and WHEREAS, County has improved Weld County Road 7 between County Line Road and Weld County Road 6 for the purpose of pro- viding better access to Landfill ' s site , and WHEREAS, County and Landfill desire to enter into this agree- ment for the purpose of pledging five percent (5%) of the gross revenue of Landfill to the reimbursement to County of fifty per- cent (50%) of the costs of said improvements with said five per- cent (5%) pledge commencing February 1, 1981 and continuing until said fifty percent (50%) is paid in full . NOW, THEREFORE, for and in consideration of the promises and mutual agreements contained herein, County and Landfill mutually agree as follows : 1. Should the Board of County Commissioners of County grant a five percent (5%) rate increase to cover the costs thereof, Landfill shall pledge five per- cent (5%) of its gross revenue until the sum of $143, 409 . 15 has been paid to County for said con- struction on Weld County Road 7. 2. Landfill agrees to furnish to County, no later than the 20th day after the close of each month, an accounting of the gross revenues of Landfill and shall remit therewith the sum of five percent (5%) of said gross revenues. 3. Landfill specifically grants to County access to the books of Landfill to determine if Landfill has remitted the correct amount for any particular month. Said books may be inspected at any reasonable time during normal business hours. A copy of the annual unaudited financial report prepared by an independent Certified Public Accountant will be provided to Weld County ' s Director of Finance by Landfill. 4. This Agreement shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,f COLORADO Weld County Clerk and Recorder By: j cty and Clerk to the Do d Chairman BY l CL Deputy Cou y Clerk CATT ST: COLORADO LANDFILL, INC . BY: e, ti.,,4-d; g Secre ar C. nn Kiernes, President AEPROV D AS TO FORM: ci _ a County Attorney -2- CINC. g 9g� 6O37 77th Avenue Greeley, Colorado 8O631 (3O3) 356-2641 April 28 , 1981 Chairman of the Board County Commissioners Weld County, Colorado P .O. Box 758 Greeley, Colorado 80631 RE : Meeting of April 20, 1981 between the Board of County Commissioners and Lynn Keirnes regarding access roadway to Greeley-Milliken Landfill Dear Chairman Carlson : Pursuant to the subject meeting , we are asking that certain entrance roadway work to the landfill site adjacent to 77th Avenue be included with the proposed improvements by Weld County to 77th Avenue northward to the landfill from County Road 396 . The work for Colorado Landfill , Inc. would consist of roadway surfacing with asphalt and base coarse for a distance of approximately 600 ' from the county roadway into the landfill property. The cost of this work would be fully reimbursed to Weld County by Colorado Landfill , Inc . The costs would include all construction and the applicable engineering services that might be required to complete the work . This request is made on the basis that economies might be anticipated for both parties by incorporating the two projects together to provide one larger contract for bidding and construction. Normally such an arrangement will lead to a lesser unit cost for the work to be accomplished , as well as providing a convenience to all parties including users of the landfill . If this request is satisfactory to you, please accept it as a commitment on our part to pay the appropriate costs upon completion of the work . I will have my engineer , Mr . Vern Nelson , work with your engineering department to prepare the necessary designs , plans and specifications for this work . Respectfully, CO_LORAp LANDFILL, INC . Brad Keirnes BK/jlp cc: enci ci..t I P Hello