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HomeMy WebLinkAbout840327.tiff RESOLUTION RE: APPROVAL OF ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT WITH ZIGAN SAND AND GRAVEL COMPANY, INC . AND AUTHORIZATION FOR CHAIRMAN TO SIGN 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 of County Commissioners has been pre- sented a Road Maintenance and Improvements Agreement between Weld County and Zigan Sand and Gravel Company, Inc . , and WHEREAS , the terms and conditions of said agreement are as stated in the agreement, a copy being attached hereto and in- corporated herein by reference, and WHEREAS , after study and review, the Board deems it ad- visable and in the best interests of the citizens of Weld County to approve said agreement. NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the Road Maintenance and Improvements Agreement between Weld County and Zigan Sand and Gravel Company, Inc. be , and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 30th day of July, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST:5rn -L! WELD COL Weld County 1�lerk and Recorder an d Clerk to the Boa Norman Carlson, Chairman iu .eJ De uty County Clerk J:cq ine ofnson, Pro-Tem APPROVE AS TO FORM: EXCUSED Gene R. Brant 6---A)aCej---- J.-"/ County Attorney C uck Carls nar��v" J T. Mart n n in LHR 326 C' f\845I 8403b27 COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT• {- THIS AGREEMENT, made and entered into this /o1 day of �oJ ✓ /I , 1984, by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County" and ZIGAN SAND & GRAVEL COMPANY INC. , and WHEREAS, Zigan Pit #4 has applied to the County for a Use by Special Review Permit for an open-cut gravel pit located in the NWgNWa, NEaNWa, SE;NWq and SWaNWa of Section 10, Township 2 North, Range 68 West of the 6th Principal Meridian. WHEREAS, Zigan is operating similar gravel pits in the immediate vicinity of the above-mentioned gravel pit, and WHEREAS, the gravel pits generate an increase in heavy truck traffic, and WHEREAS, the existing County roads that serve the gravel pits will require increased maintenance and improvements due to the increase in heavy truck traffic, and WHEREAS, the County and Zigan have reviewed proposed maintenance and improvements and acknowledges they will enhance the accessibility and safety of the roads that serve the gravel pits . NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County and Zigan mutually agree as follows : 1. The County road that services Zigan Sand & Gravel Co . , Case No . U.S.R. 627:84:23 is Weld County Road 7, from the point of ingress and egress onto Weld County Road 7, north to State Highway 119. This haul route restriction shall be posted by Zigan Sand & Gravel Co. at the exit, visible to all users . 2. Zigan agrees to excavate and patch any damage on the above-mentioned roads that has been created by heavy truck hauling from Zigan gravel pit #4. 3. At any time in the future, when road damage has increased beyond the point that patching can reasonably restore the road, Zigan will cooperate with the County in the reconstruction of those parts of the County roads . 4. The details of construction and the amount of aggregate base course required will be determined by sampling and testing of the existing roads by the Weld County Engineering Department. 5. When reconstruction is required, Zigan will supply the hot bituminous pavement, aggregate base course, equipment, and labor for reconstruc- tion. 6. When reconstruction is required, the County will reimburse Zigan for the cost of AC-10 liquid asphalt for the manufacture of hot bituminous pavement. 7. All construction materials will be in accordance with the State Department of Highways , Division of Highways , State of Colorado, Standard Specifications for Road and Bridge Construction, 1981 . 8. Zigan Sand & Gravel Company and Western Paving Construction, being located and using the same hauling roads , will share the same road maintenance and improvements agreement. Both companies will have to coordinate with each other on patching and maintaining its haul roads from both of its gravel pits . The expense of road repair and maintenance shall be proportionate to the size of the gravel pit and the specific haul route used by the respective companies . IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first above written. ZIGAN SAND & GRAVEL COMPANY, INC. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: c-' Title: Norman Carlson, Chairman ATTEST AQ4.. -4.4A,A4rart, Weld County g erk and Recorder and Clerk to the Board BY: y, c-}7 yryt ._ems 1, 1 ) Deputy Hello