HomeMy WebLinkAbout20010595.tiff RESOLUTION
RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT FOR AMENDED USE BY SPECIAL REVIEW#840 AND AUTHORIZE
CHAIR TO SIGN -ANDESITE ROCK COMPANY
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 Amended Use by Special Review#840 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 Andesite Rock Company, 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 Amended Use by Special Review#840 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 Andesite Rock Company 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
�#t. IE WELD CO TY, COLORADO
ATTEST: �� h _,. \\ ��� i
�' 1/42. M. J. Geile, Chair
Weld County Clerk to
EXCUSED
,( t Net � Glenn Vaad, Pro-Tem
BY: •
Deputy Clerk to the Board
William H. Jerke
APPROVED AS TC/FOWI: EXCUSED
L David
E.Long
ounty Attorney I\ILL
Robert D. Masden
)00 rW •6:i 4/p/ 2001-0595
PL0446
772
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this o•d't` day of t «r,t , 2001,by and between
the County of Weld, State of Colorado, hereinafter called "County" and Andesi'e Rock Company (AmUSR-840),
hereinafter called "ARC".
WHEREAS, ARC has acquired land use permits from the County for gravel mining and plant operations on
approximately 1,400 acres located in parts of Sections 26, 27, and 35, Township 11 North, Range 67 West of the 6th
P.M. and part of Section 1, Township 10 North, Range 67 West of the 6"' 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 ARC have reviewed maintenance and improvements proposals put forth by ARC,
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 ARC mutually agree as follows:
1. ARC will provide for the duration of any material haulage from its Can operation (permitted as
AmUSR-840 with the street address of 6100 WCR 21, Weld County, Carr, Colorado):
A. Adequate maintenance on the roadways noted as westbound and eastbound material haul
routes on the attached Drawing#1.
The westbound route is defined as follows: out of the ARC Can operation plant site entrance,
west on Weld County Road(WCR) 124,north on WCR 17,west on WCR 126,north on WCR
15 'A, then west on WCR 126 to Interstate 25.
The current eastbound route is defined as follows: south through ARC Can operation to
WCR 120, east to U.S. Highway 85. This route is noted as Eastbound Route (C). The
material haulage on this eastbound route will decrease significantly after WCR 126 is paved,
and the haul route through the operation is completed. At that time, the primary eastbound
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route will he defined as follows: north through the amendment area of the ARC Can
operation to WCR 126,then east to U.S.Highway 85. This route is noted as Eastbound Route
(F). The current eastbound route may still be used as a secondary route for limited material
haulage and employee access.
B. The following dust control agents are approved for use by the Weld County Health
Depai tment and the Public Works Department:
A. Portable water or natural ground water
B. Magnesium chloride
C. Calcium chloride
C. If the volume of heavy truck traffic generates more than five(5)round trips per day,adequate
dust suppression shall be required adjacent to each residence as needed on the unpaved
portion of the haul route.
2. ARC agrees to excavate,repair or patch any damage on said road that has been created by heavy truck
hauling from ARC gravel pits, as determined by the Weld County Director of Public Works or his
designee.
3. At any time in the future, when road damage has increased beyond the point that repair or patching
can reasonably restore the road,ARC will cooperate with County in the reconstruction of those parts
of said road.
4. When reconstruction is required,ARC 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, testing, and inspection for the construction.
5. The County will reimburse ARC for the cost of the AC-10 liquid asphalt required to manufacture the
hot bituminous pavement.
6. 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.
7. 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.
8. 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.
9. Should ARC sell its operation,cease operating, file banlcruptcy,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, ARC shall give a minimum notice of ninety (90) days to the
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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 AmUSR-840 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 AmUSR-840.
10. 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.
11. 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.
12. Indemnification: To the extent authorized by law, ARC 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 ARC 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.
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:
Weld County Board of Commissioners (County)
P.O. Box 758
Greeley, CO 80632
Andesite Rock Company (ARC)
7321 E. 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
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following deposit of said notice in U.S. Mail, or the first day following deposit of said notice to a
nationally recognized overnight courier service, or upon the 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 seals the date and year first written above.
ATT S; +®��pe��' ANDESITE ROCK COMPANY
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►y Comm.Expires Jon.t,2002
ATTEST: 1 /J J v' ( F4 LI% BOARD OF COUNTY COMMISSIONERS
.". /.!V WELD COUNTY,COLORADO
Weld County Clerk to the Boy 861 k Q S�
By: . i% .I,� : J� By: ,/,‘,/:„4/
Deputy Clerk to the Boar ,� �► M. J eile, Chair (02/,2f/ /)
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