HomeMy WebLinkAbout20030019.tiff RESOLUTION
RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR USE
BY SPECIAL REVIEW PERMIT#1360 AND AUTHORIZE CHAIR TO SIGN -
LAFARGE WEST, INC.
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 Road Maintenance and
Improvements Agreement for Use by Special Review Permit#1360 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 LaFarge West, Inc., 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 Permit#1360, 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 LaFarge West, Inc., 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 6th day of January, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
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Weld County Clerk to the B r1
f&, Robert D. Masden, Pro Tem
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Deputy Clerk to the Bo. �•� � EXCUSED
M. J. Geile
APPR D AS TO
Willia H. Jerke
ounty Attorney . ""1 pr
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Date of signature: a
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COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
This AGREEMENT, made and entered into the 6th day of January. 2003,
between the COUNTY of WELD, STATE of COLORADO, hereinafter called"County" and
LAFARGE WEST, INC. (HEATON USR 1360), hereinafter called"Lafarge."
WHEREAS, Lafarge has been granted a Weld County Use by Special Review Permit (USR
1360) for a ready-mix concrete plant operation known as the Heaton Plant, on part of the East
1/2 (E 1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter(NE 1/4) of Section 9, all
located in Township 2 North, Range 68 West of the 6th Principal Meridian, Weld County,
Colorado, and
WHEREAS, the existing Weld County roads that serve the Heaton Plant may require
increased maintenance and improvement due to heavy truck traffic, and
WHEREAS, the County and Lafarge agree that such maintenance and improvements will
enhance the accessibility and safety of the road that serves the Heaton Plant, and
WHEREAS, on June 3, 1992 the County, Lafarge's predecessor Western Mobile, Inc.
(WMI), and C &M Ready Mix Concrete Company of Boulder, Inc. (C&M) entered into a"Long
Term Road Maintenance and Improvement Agreement" (see attached Exhibit "A") regarding
WCR 7 between Colorado State Highways 119 and 52 and portions of WCR 20 '/2 west of WCR
7; which Agreement remains in full force and effect.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the County and Lafarge agree as follows:
1. The County road that serves the Heaton Plant is Weld County Road (WCR) 7
between the Heaton plant entrance and Colorado State Highway 119.
2. Prior to the start of operations at the Heaton Plant the County and Lafarge shall
evaluate the overall condition of that section of WCR 7 between the Heaton Plant
entrance and Colorado State Highway 119 in order to determine the percentage of
useful life remaining in said section of road.
3. Lafarge agrees to excavate and patch any damage to those sections of WCR 7
between the Heaton Plant entrance and Colorado State Highway 119 directly
caused by trucks hauling to and from the Heaton Plant, as determined by the Weld
County Public Works Department and Lafarge.
4. At any time in the future, when damage to those sections of WCR 7 between the
Heaton Plant entrance and Colorado State Highway 119 has increased beyond the
point that patching can reasonably restore the road, Lafarge will cooperate with
Weld County in the reconstruction of those parts of said road.
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Page Two—Road Maintenance and Improvements Agreement
5. When reconstruction is required, the details of such reconstruction shall be
determined by sampling and testing of the existing road by the Weld County
Public Works Department.
6. When both parties determine that reconstruction is required, Lafarge shall share
the costs of said reconstruction. The cost share shall be proportional to the traffic
generated by Lafarge's Heaton Plant operation to the baseline traffic volumes at
the time of said reconstruction and the overall condition of WCR 7 as determined
by the County under paragraph two (2) of this agreement.
7. All construction and materials for reconstruction will be in accordance with the
1991 Standard Specifications for Road and Bridge Construction, and modified by
the December 1, 1996, Supplemental Specifications, as provided by the Colorado
Department of Transportation. During Construction, signage shall be posted in
accordance with the Uniform Manual on Traffic Control Devices.
8. The term of this Agreement is from the date of entering as an aforementioned, and
shall run continuously until Lafarge ceases its operation of the Heaton Plant.
9. County shall be responsible for payment of costs due in future fiscal years only if
funds are appropriated and are otherwise available for the services and functions
that are described herein.
10. No Third Party Beneficiary Enforcements: It is expressly understood and agreed
that enforcement of the terms and conditions of this Agreement, and all rights and
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
11. Indemnification: To the extent authorized by law, Lafarge 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 Lafarge in its performance of the
duties set forth in this Agreement on those portions of WCR 7 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 Lafarge and its employees.
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Page Three—Road Maintenance and Improvements Agreement
12. Modifications and Breach: No modification, amendment or other alteration of this
Agreement shall be deemed valid or any force of affects 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.
13. Non-Assignments: This Agreement shall not be assignable without prior written
consent of County or Lafarge, whichever is the non-assigning party.
IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and
year written above.
LAFARGE WEST, INC.
By: Sr�/a ATTV T: r)
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ATTEST: �0 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to t o rd ',''
Y
6 By: By:
Deputy Clerk to the Board David E. Long, Chair (0 / 6/03)
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EXHIBIT "A"
COUNTY OF WELD, STATE OF COLORADO
LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this a day of to IV E , 1911.2,.
by and between the County of Weld, State of Colorado, hereinafter called "County" and
Western Mobile Inc., hereinafter called "WMI" and C & M Ready Mix Concrete Company
of Boulder, Inc., hereinafter called "C & M,"
WHEREAS, WMI, C & M, and other gravel operators have acquired land use
permits from the County for gravel mining and plant operations in the area of Rinn,
Colorado, and
WHEREAS, it is anticipated there will be additional land use permits granted by the
County in the future, and
WHEREAS, gravel mining and plant operations are anticipated to continue in the
area of Rinn, Colorado, well into the future, and
WHEREAS, the County roads in the area of Rinn, Colorado, will be impacted by
heavy truck traffic generated from gravel mining and plant operations, and
WHEREAS, present and future gravel operators are required to enter into Road
Maintenance and Improvements Agreements with the County to mitigate the impact created
by heavy truck traffic, and
WHEREAS, haul routes overlap between different gravel operators and the existing
haul routes are difficult and impractical to manage, and
WHEREAS, the maintenance and improvements required will vary over time and
provisions should be made to address future requirements, and
WHEREAS, the County, WMI, and C & M agree it would be advantageous to set
forth an agreement that would provide a basis for future Road Maintenance and
Improvements Agreements.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, the County, WMI, and C & M mutually agree as follows:
1. The County roads considered in this agreement are haul routes that were
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established by land use permits previously granted by the County and are as
follows: Weld County Road 7 between Colorado State Highway 119 and
Colorado State Highway 52; Weld County Road 20.5 between Weld County
Road 7 and the entrance to C & M's gravel mine, which is a distance of
approximately 7,700 feet; Weld County Road 18 between Weld County Roads
7 and 5; and Weld County Road 5 between Weld County Road 18 to County
Road 7.
2. WMI and C&M are restricted to hauling on the road identified in Paragraph
1 above. Previous haul route restrictions shall not apply and the
establishment of the new haul routes does not constitute a substantial change
from the restrictions contained in land use permits previously granted by the
County, provided WMI and C & M are not in breach of this Agreement.
3. The County will, to the best of its ability within the restrictions of the law,
require future gravel operators that use the haul routes described in
Paragraph 1 above, to participate in Road Maintenance and Improvements
Agreements as outlined herein.
4. WMI, C & M, or future gravel operators are required to share in reasonable
future maintenance and improvements when such maintenance is related to
their hauling impacts.
5. Upon notification by the County, all gravel operators and the County will
examine the roads and determine a plan for the maintenance and
improvements that are required.
6. Upon determining what maintenance and improvements are required, a
separate agreement shall be drawn detailing the work to be done and how the
costs are to be shared.
7. It is anticipated WMI, C & M, or future gravel operators will perform the
work and share in the equipment, labor, and materials required. Any sharing
done between the gravel operators shall be in separate agreements.
8. If Weld County does not require a future gravel operator to share a
reasonable portion of maintenance and improvements, the County will be
responsible for that portion.
9. If a gravel operator does not participate as outlined in this Agreement, it will
constitute a violation of the operator's land use permits granted by the
County. the County will take remedial measures, within a reasonable amount
of time, against an operator that does not participate.
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IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the
day and year first-above written.
WESTERN MOBILE INC. C & M READY MIX CONCRETE
COMPANY OF BOULDER, INC.
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ATTEST:111 BOARD OF COUNTY COMMISSIONERS
IIIIII���" WELD COUNTY, COLORADO
Weld County Clerk to the Board
BY:/ .,/- S ;a, . By:
Deputy Clerk to the Board - 5 George Kennedy, Chairman OIG pilc79.
MMM:AM
June 3,1992
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MEMORANDUM 1111 D
CTO: Clerk to the Board DATE: December 17, 2002
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's January 6th, 2003, agenda:
Road Maintenance and Improvements Agreement with Lafarge West, Inc. as required by Weld
County's Use by Special Review Permit 1360 for the Heaton Ready-Mix Concrete Plant.
The appropriate documentation is attached.
Enclosures
pc: Drew Scheltinga, Engineering Division Manager
Mona Weidenkeller
M:A W PFIL ES\FrancieVAGENDA-I.wpd
2003-0019
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