HomeMy WebLinkAbout20002372.tiff 09/26/00 14:07 FREDERICK TOWN GOUT 4 9703520242 NO.041 002
ROAD MAINTENANCE AGREEMENT
This Road Maintenance Agreement is made and entered into this I trnday of
fiN , 2000, by and between The Town of Frederick, a Colorado municipal
cor oration ("Town") and Idaho Creek Gravel Co., Inc. ("Company").
WHEREAS, the Town has annexed Weld County Road 20 1/2 from the Frontage
Road adjacent to 1-25 on the east to Weld County Road 7 on the west, and
WHEREAS. "Company" owns and operates a gravel operation on the north side
of Weld County Road 20 1/2 and between the Frontage Road on the east and Weld
County Road 7 on the west, in the County of Weld, State of Colorado, and
WHEREAS, Weld County has required "Company" to enter into an agreement
with the Town relative to the maintenance of Weld County Road 20 1/2 in order for
"Company" to satisfy the conditions of a special use by review permit.
WHEREAS, the parties wish to set forth their rights and responsibilities
regarding the maintenance of Weld County Road 20 1/2.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
conditions herein, and other good and valuable consideration, the receipt of which is
hereby acknowledged, by each party, the parties agree as follows:
1. The Town agrees to allow Company to use its municipal road (WCR
20 1/2) from a point 20 feet east of its driveway on WCR 20 1/2 to WCR 7 and the
Company agrees to use this road for its trucks.
2. In exchange for the right to use WCR 20 1/2 as descr ed above,
Company agrees to do the following:
a. Grade the road at least two times pert e
b. Gravel the road as necessary.
c. Provide dust control as necessary.
d. Allow its trucks to use WCR 20 1/2 from a point 20 feet east of
Company's driveway to WCR 7. Company specifically agrees
that its trucks will not go east on WCR 20 1/2 to the frontage
road
3. This Agreement shall be renewable annually at the sole option of the
Town.
4. If at any time the Town or Annexor breaches this Agreement, the
aggrieved party may seek any available remedy at law or equity and the prevailing
party shall be entitled to recover its reasonable attorney's fees.
5. It is understood and agreed between the parties hereto that this
Agreement and the terms and conditions herein shall be binding upon the heirs,
1O - O -02OOO
2000-2372
09/26/00 14:07 FREDERICK TOWNGOVT 4 9703520242 NO.041 D03
•
successors and assigns of the Company and any third person acquiring any interest in
the subject property, and shall run with the land.
TOWN OF FREDERICK
ATTEST:
By
Sandra M. Newberry, own Clerk Edward J. Taglient , ayo
IDAHO CREEK GRAVEL CO., INC.
By G);12L.:
. �r ^Y
William E. Kobobel, President
STATE OF COLORADO )
COUNTY OF Vii / an ) as.
The forego/ Road Maintenance A re ment as ac nowt d ed before me
this //01 day of k �, 2000, by j&j,, a<ttof Idaho
Creek Gravel Co.
Witness my hand and seal.
My commission expires: 7f.5—.4941--
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