HomeMy WebLinkAbout20012503 RESOLUTION
RE: APPROVE LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - HALL-IRWIN CORPORATION
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 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, on behalf of the Department of Public Works,
and Hall-Irwin Corporation, 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 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, on behalf of the Department of Public Works, and Hall-Irwin
Corporation 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 5th day of September, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
�/�� WELD CO Y, COLORADO
ATTEST: jeta '�'�� PGGJ
Weld County Clerk to th-� .oa : �` �Q p�y� �7 ' 1861 pV,all Glenn V
Deputy Clerk to the *kw 9 r �l
� � � Willi Jerke
e
APP D AS T M:
David E. Long
my orn EXCUSED DATE OF SI ING (AYE)
Date of signature: 9/JO
Robert D. Masden
2001-2503
�� / hf ^ � o EG0041
•s
COUNTY OF WELD, STATE OF COLORADO
216 LONG TERM ROAD MAINTENANCE
AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this /co day of arS71--
2001, by and between the County of Weld, State of Colorado, hereinafter called " ounty", and
Hall-Irwin Corporation), hereinafter called"Hall-Irwin."
WHEREAS, Hall-Irwin has received approval of Use by Special Review Permit #1316
(the "USR Permit")from the Weld County Commissioners for gravel mining and plant
operations, located in the NE1/4NW1/4 and NW1/4NE1/4 of Section 19, Township 6 North,
Range 67 West of the 6th P.M., Weld County, Colorado (the "LaPoudre Sand and Gravel Mine"),
and
WHEREAS, the Weld County Commissioners conditioned approval of the USR Permit
on having an improvements agreement for Weld County Road 13 in place at all times.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, County and Hall-Irwin mutually agree as follows:
1 . Hall-Irwin agrees to provide a maintenance plan as provided in this Agreement on the
following described road: From the entrance of the LaPoudre Sand and Gravel Mine on
Weld County Road ("WCR") 13 to the south edge of the intersection of Colorado State
Highway 392 (the"Maintained Road").
2 . Hall-Irwin agrees to excavate, repair, or patch any damage on the Maintained Road that
has been created by heavy truck hauling from the LaPoudre Sand and Gravel Mine as
reasonably determined by the Weld County Director of Public Works or his designee.
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.
3. At any time when the LaPoudre Sand and Gravel Mine is operational and when road
damage to the Maintained Road has increased beyond the point that repair or patching
can reasonably restore the road, Hall-Irwin will cooperate with County in the
reconstruction of those parts of the Maintained Road.
4. When reconstruction is required, Hall-Irwin shall pay a proportional share of the cost to
reconstruct the Maintained Road. The proportional cost shall be shared based on the
number of trucks from the LaPoudre Sand and Gravel Mine divided by the total number
of vehicles utilizing the Maintained Road over a period of at least three months. The
County and Hall-Irwin shall provide any traffic studies made by them in making such
determination.
5. The County will provide testing and inspection for the construction.
IMO VIII HMI III It IIII 1111111 III VIII IIII IIII
2886216 09/25/2001 12:34P JA Suki Tsukamoto
1 of 3 R 0.00 D 0.00 Weld County CO
a'oev-c2sD3
6. The County will reimburse Hall-Irwin for the cost of the AC-10 liquid asphalt required to
manufacture the hot bituminous pavement.
7. Prior to execution of this Agreement, Weld County and Hall-Irwin will inspect
Maintained Road to insure that Hall-Irwin will not be responsible for damage previously
incurred.
8. This Agreement may not be assigned in whole or in part by either party hereto without
the written consent of the other party. Such consent will not to be unreasonably withheld,
conditioned, or delayed.
9. 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.
10. Should Hall-Irwin sell its operation, cease operating, file bankruptcy, or in any way
release ownership or responsibility of the permitted property, this Agreement, as set forth
herein, shall be terminated. If the aforementioned release should occur, Hall-Irwin shall
give a minimum notice of ninety (90) days to the County before the date of termination.
If the aforementioned release should occur, the County shall have the option of
immediately terminating this Agreement. Notwithstanding the terms of this paragraph,
the requirements of USR-1316 shall not be waived by the terms of this paragraph and the
failure to have a maintenance Agreement in effect may be grounds to revoke USR-1316.
11. All construction and materials controls for a project will be in accordance with the
current Standard Specification 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.
12. 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 action 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.
13. 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.
14. 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:
C:\WINDOWS\TEMP\Agreement.BL.6-22-01.doc
111111111111 1111111 III 111111 IIII 1111111 III 11111 Ilil 1111
2886216 09/25/2001 12:34P JA Suki Tsukamoto
2 of 3 R 0.00 D 0.00 Weld County CO
•
Weld County Board of Commissioners (County)
PO Box 758
Greeley, CO 80632
Hall-Irwin Corporation (Hall-Irwin)
3026 4th Avenue, PO Box 2150
Henderson, CO 80632
All notices shall be effective upon receipt by the party to receive such notices, or
by the third day following deposit of said notice in U. S. Mail, or the first day following deposit
of acknowledgement 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.
BHall-Irwin Corporatio ��/
Bret Hall, Its Vice President
Attest:
BOARD OF CO Y COMMISSIONERS
WELD COUNTY OLORADO
By /, �i
M. 07
e, Chair (09/05/2001)
Attest: i !- _/,V E a
0.
Weld County Clerk to 1: ' e .,
54:1.141:11C2,
/� �
By
Deputy Clerk to th WS4
C:\WINDOWS\TEMP\Agreement.BL.6-22-01.doc
1111111 11111 VI1I1I 111 111111 IIII 1111111 III 11111 IIII IIII
2886216 09/25/2001 12:34P JA Suki Tsukamoto
3 of 3 R 0.00 D 0.00 Weld County CO
Hello