HomeMy WebLinkAbout20013484.tiff RESOLUTION
RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT AND AUTHORIZE CHAIR TO SIGN -JOHN ZADEL
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 John Zadel, 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 John Zadel,
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 26th day of December, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
E�� 1 WELD C NTY, COLORADO
`� r / M. J. Geile, Chair
rk to the Bo. d
1861 L"�i � �
Glenn Va'Ad, ro
.t I ;,y��• ✓ iii �.�„! �T: _
Clerk o the Board
William H. Jerke
prED AS TA F : EXCUSED
Fa:
David E. ong
i\i\rj
ount Attorcy
R�bert D. Masden
Date of signature: P
2001-3484
3 � n 1 P� PL1528
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MEMORANDUM
'54-171
1.11 TO: Clerk to the Board DATE: December 17, 2001
FROM: Frank B. Hempen, Jr.
C Director of Public Works/County Engineer
COLORADO SUBJECT: Agenda Item
Please place the following item on the Board's January 2, 2002, agenda:
Long-Term Road Maintenance and Improvements Agreement with John Zadel
(USR-1330)
The appropriate documentation is attached.
Enclosures
pc: Don Carroll, Engineering Administrator
M:\WPFILES\Francie\AGENDA.IRC
2001-3484
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COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this >7d,M day of, ():a,m&L 20 w ,by and between
the County of Weld, State of Colorado, 'hereinafter called "County" and John Zadel (USR-1330),
hereinafter called"Zadel".
WHEREAS, Zadel has acquired land use permits from the County for an excavation business on
10 acres located in the S V2, SW 1/4 of Section 10,Township 1 North,Range 67 West of the 6`h P.M.,Weld
County, Colorado and
WHEREAS,the existing section line roads that serve the excavation business will require increased
maintenance and improvement due to the increase in heavy truck traffic, and
WHEREAS,County and Zadel have reviewed maintenance and improvements proposals put forth
by Zadel, and both parties agree that such maintenance and improvements will enhance the accessibility
and safety of the roads that serve said excavation business.
NOW,THEREFORE,in consideration of the mutual covenants and conditions hereinafter set forth,
County and Zadel mutually agree as follows:
1. Zadel will provide the following for the duration of any excavation business (permitted as
USR-1330, with the legal description of S 'A, SW 1/4, Section 10, Township 1 North,
Range 67 West of the 6th P.M., Weld County, Colorado):
A. WCR 10 (section line access) east of WCR 19 through the east access point for
approximately 400 feet.
2. Zadel agrees to upgrade, surface with gravel, and maintain WCR 10 east of WCR 19
through the east access point. Zadel agrees to repair any damage on said road that has been
created by heavy truck hauling.
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. When reconstruction is required, Zadel shall pay the cost to reconstruct.
4. The County will provide testing and inspection for the construction.
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5. Failure of either party to perform any of its respective obligations hereunder by reason of
acts of God,strike,or acts of any governmental agency or authority having jurisdiction over
matters set forth herein shall excuse timely performance of such obligations, but shall not
excuse the performance of such obligations as soon as reasonably practical. The parties
may,however,mutually consent to excuse a party from performing any obligation,in whole
or in part, upon a showing that performance has been rendered impracticable by reason of
FORCE MAJEURE.
6. 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 reasonably withheld,
conditioned, or delayed.
7. 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.
8. Should Zadel sell its operation, cease operating, file bankruptcy, or in any way release
ownership and responsibility of the permitted property, except as described herein, this
Agreement as set forth herein, shall be terminated. If the aforementioned release should
occur,Zadel 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-1330 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-1330.
This Agreement shall inure to the benefit of and be binding upon the heirs, personal
representatives,successors(including successors as a result of a merger),and assigns of the
parties.
9. All construction and materials controls for a project will be in accordance with the current
Standard Specifications 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.
10. 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.
11. Indemnification:To the extent authorized by law,Zadel agrees to indemnify,save,and hold
the County harmless from and against any and all claims, damages, losses, and j udgments,
which may be suffered or incurred by the County as a consequence of any breach by Zadel
of its obligations and duties set forth in this Agreement on those portions of the haul route
described in this Agreement. In the event that any dispute shall arise under this Agreement,
the prevailing party in such dispute shall be entitled,in addition to any other relief to which
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such party may be granted,to recover its reasonable attorneys fees and court costs incurred
in connection with the resolution of such dispute.
12. 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.
13. 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:
Weld County Board of Commissioners (County)
P.O. Box 758
Greeley, CO 80632
Zadel
4200 WCR 19
Ft. Lupton, CO 80621
All notices shall be effective upon receipt by the party to receive such notice, or by the third day
following deposit of said notice in U.S.Mail,or the first day following deposit of acknowledgment
of refusal of delivery of said notice.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year first
above written.
WHEREFORE,parties have hereunto set their hands and seal the date and year first written above.
BOARD OF WE COUNTY COMMISSIONERS JOHN ZADEL /J
By: ��(.i 77
By:�'�.f7w1��2dasr e}:
Name: M. J. Geile Name: wp/1,-, LC/ .c',4cy'e
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Title: Chair (/44o, ,) Title: 2 'n_-c --
Address: 51.;:2 6947 i&ic,e /2
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(SEAL) (SEAL)
ATTEST: gull ! 1 L ATTEST:
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Weld County Clerk to the B �d r �.11 Q `)t.� •�
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By / . ' 1. By: c,}vP,i11t ` 1:1 . b(IgCI✓t
Deputy Clerk to the Boar F ,' (Please type)'
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