HomeMy WebLinkAbout20010594.tiff RESOLUTION
RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT FOR USE BY SPECIAL REVIEW#1255 AND AUTHORIZE CHAIR TO
SIGN - L. G. EVERIST, 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 Long-Term Road Maintenance and
Improvements Agreement for Use by Special Review#1255 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 L. G. Everist, 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 Long-Term Road Maintenance and Improvements Agreement
for Use by Special Review#1255 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 L. G. Everist, 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 28th day of February, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
Imo' WELD C NTY, COLORADO
ATTEST: �i� / f /' ► / et/A.2
�0•'1�.,. �� J. Geile, Chair
Weld County Clerk to the :�ar. I �1 ;:
CUSE
,n 1 -aI nn Vaad, Pro-Tem
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Deputy Clerk to the Board drd- -A
William H. Jerke
APPt(ED AS TC) FQR( EXCUSED
7�i=�J David E. Long
uyAttorny �.
Robert D. Masden
2001-0594
��< 1LOI Pt, C4 PL1396
MEMORANDUM
TO: Clerk to the Board DATE: February 22, 2001
COLORADO
FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Enginee
SUBJECT: Agenda Items
Please submit the enclosed items for the Board's next agenda:
I. Long-Term Road Maintenance and Improvements Agreement between L.G.Everest and Weld
County for the Ft. Lupton operation (USR-1255)
2. Long-Term Road Maintenance and Improvements Agreement between Andesite Rock
Company and Weld County for its Carr operation (AmUSR-840)
Two original agreements of each are enclosed. Once executed, please keep one original for CTB
records and the other original may be sent directly to the appropriate applicant.
The appropriate documentation is attached.
1 - 7
Enclosures
pc: USR-1255, and AmUSR-840 files i
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02O01 - 0 599
pL/X96
add
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT,made and entered into this Are/ day of , Cara.,�.. , 2001, by and between
the County of Weld, State of Colorado, hereinafter called "County" and L. G. EdErist, Inc. (USR-1255), hereinafter
called "Everist".
WHEREAS,Everist has acquired land use penults from the County for gravel mining and plant operations on
85 acres located in the South 1/4 of the North West 1/4 of Section 30,Township 2 North,Range 66 West of the 6th P.M.,
Weld County, Colorado and
WHEREAS, Other gravel operators are operating similar gravel pits in the immediate vicinity of the above-
mentioned gravel pits, and
WHEREAS, the gravel pits generate an increase in heavy traffic, and
WHEREAS, the existing County roads that serve the gravel pits will require increased maintenance and
improvement due to the increase in heavy truck traffic, and
WHEREAS,County and Everist have reviewed maintenance and improvements proposals put forth by Everist,
and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads
that serve said gravel pits.
NOW, THEREFORE,in consideration of the mutual covenants and conditions hereinafter set forth, County
and Everist mutually agree as follows:
1. Everist will provide for the duration of any material haulage from its Fort Lupton operation(permitted
as USR-1255, with the legal description of S1/2 NW 1/4, Section 30, Township 2 North, Range 66
West, 6th p.m. Weld County, Colorado):
A. The westbound route is defined as follows: out of the Everist Fort Lupton operation main
entrance, west on Weld County Road (WCR) 18 to WCR 23.
B. The eastbound route is defined as follows: out of the Everist Fort Lupton operation main
entrance, east on WCR 18 to United States Highway (US) 85.
2. Everist agrees to excavate, repair or patch any damage on said road that has been created by heavy
truck hauling from Everist gravel pits, as determined by the Weld County Director of Public Works
or his designee.
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There will be an annual inspection in the spring of the roadways to detemine actual conditions and
what work is to be performed that summer if any repairs are needed.
3. At any time in the future, when road damage has increased beyond the point that repair or patching
can reasonably restore the road,Everist will cooperate with County in the reconstruction of those parts
of said road.
4. When reconstruction is required,Everist shall pay a proportional share of the cost to reconstruct. The
share will be determined by dividing the volume of the site generated trucks by the total volume of
trucks. The County will provide the traffic volumes.
5. The County will provide testing and inspection for the construction.
6. The County will reimburse Everist for the cost of the AC-10 liquid asphalt required to manufacture
the hot bituminous pavement.
7. Everist shall supply a Traffic Impact Analysis Study for the intersection of WCR 18 and US Highway
85 if additional improvements are required due to heavy truck hauling. Everist shall be responsible
for these improvements.
8. Prior to the start of mining, Weld County and Everist will inspect the roads covered under this
Agreement to insure that the operator will not be responsible for damage previously incurred.
9. 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.
10. 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.
11. If any clause or provision ofthis Agreement is illegal,invalid,or unenforceable,then it is the intention
of the parties that the remainder of this Agreement shall not be affected.
12. Should Everist sell its operation, cease operating, file bankruptcy, or in any way release ownership
and responsibility of the permitted property, this Agreement as set forth herein, shall be terminated.
If the aforementioned release should occur, Everist 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-1255 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-1255.
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13. 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.
14. 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.
15. Indemnification: To the extent authorized by law, Everist agrees to indemnify, save, and hold the
County harmless from and against any and all claims,damages, losses,and judgments,which may be
suffered or incurred by the County as a consequence of any breach by Everist 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 such party may be granted,to recover its reasonable
attorneys fees and court costs incurred in connection with the resolution of such dispute.
16. 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.
17. 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
L.G. Everist, Inc. (Everist)
7321 East 88th Avenue, Suite 200
Henderson, Co 80640
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 aclmowledgment
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 seals the date and year first written above.
ATT � \%S PUs`� r L. G. EVERIST,INC.
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MY Conan.Eck's Jan.1,2002
ATTEST: p BOARD OF COUNTY COMMISSIONERS
E Kaa WELD COUNTY, COLORADO
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Weld County Clerk to the �.!O 41��
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Deputy Clerk to the 1U , J. eile, Chair O.2/21V-2O-:7)
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