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AR1917716ii
RESOLUTION
RE : APPROVAL OF ROAD IMPROVEMENT AGREEMENT FOR CONSTRUCTION
NO OF A PORTION OF COUNTY ROAD 39z
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WHEREAS, the Board of County Commissioners of Weld County,
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Colorado, pursuant to Colorado statute and the Weld County Home
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3 Rule Charter, is vested with the authority of administering the
Iv w affairs of Weld County, Colorado, and
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;; WHEREAS., a Road Improvement Agreement between Weld County
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and Moro Farms, Inc. , Monson Bros. Co. , and Platte .River: 2Steel
le Co. , Inc. has been presented to the Board of County Commissioners,
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WHEREAS, said Agreement set forth the rights and obliga-
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io tions of the parties concerning the development of certain land
RE! located in Weld County, more particularly described as follows :
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z Southwest and Southeast Quarters of Section
e Twenty-nine (29) , Township Six (6) North,
0 Range Sixty-five (65) West of the 6th P.M. ,
Weld County, Colorado, from Weld County
_rz Road 64 North to the right of way of the
a Union Pacific Railroad Company.
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Pc) WHEREAS , in said Agreement Norton, Underwood and Lamb
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is designated as the parties' agent to supervise the construction
of the road improvements, and
WHEREAS, the Board of County Commissioners has studied
the Road Improvement Agreement and deems it advisable to approve
the Agreement and authorize the Chairman to sign the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado that the Road Improve-
ment Agreement between Weld County and Moro Farms, Inc. , Monson
Bros. Co. , and Platte River Steel Co. , Inc. , attached hereto
and incorporated herein, be and hereby is, approved.
Dg BE IT FURTHER RESOLVED by the Board that the Chairman
of the Board is hereby authorized to sign the Agreement.
The above and foregoing Resolution was, on motion duly
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made and seconded, adopted by the following vote on the 25th
/N.11 day of November, A.D. , 1981.
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RECORDER'S MEMORANDUM
AT THE TIME OF RECORDATION, THIS IN-
STRUMENT WAS FOUND TO BE INADEQUATE
FOR THE BEST PHOTOGRAPHIC REPRODUCTION.
BECAUSE OF ILLEGIBILITY, CARBON OR PH®N
COPY, DISCOLORED PAPER. ETC.
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t4 c RE : APPROVAL OF ROAD IMPROVEMENT AGREEMENT
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3 BOARD OF COUNTY COMMISSIONERS
I ` y WEL COUNTY, COLORADO
`o ..............,..,;(2.--42,--2.,... (Aye)
w uck Carlson, Chairman
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Norman Carlson, Pro-Tem
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C. K rby /
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v Li T. Martin
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I ` " e K. St inmark
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ATTEST• ¢t,,y✓
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lerk and edorder
I w he B ;In irEiS.,ir o i� pa
;M C4:A k; ✓ ounty er
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L 'f 4tcC'ounty. Attorney
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NOTE: Never signed by other parties. See amended agreement
December 28, 1981.
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U ROAD IMPROVEMENT AGREEMENT
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THIS AGREEMENT is by and between MORO FARMS, INCORPORATED,
0 3 a Colorado corporation, herein called "Moro" , MONSON BROS . CO. ,
o c.e a Colorado corporation, herein called "Monson" , PLATTE RIVER
' STEEL CO. , INC. , a Colorado corporation, herein called "Platte
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CE: "County" .River" , and WELD COUNTY, COLORADO; herein called
RECITALS
A. There is an existing dedicated County road right of way
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"' thirty (30) feet in width running North and South between the
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w Southwest and Southeast Quarters of Section Twenty-nine (29) ,
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Township Six (6) North, Range Sixty-five (65) West of the 6th P.M. ,
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2t Weld County, Colorado, from Weld County Road 64 North to the right
C of way of the Union Pacific Railroad Company. This road will be
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known under the County numbering system as Weld County Road 391/2.
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B. Moro and Monson presently own all of the land on both
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sides of the existing County road right of way described in
paragraph A above.
C. Platte River (through its parent company, Arkansas
Foundry Company) has obtained an option to purchase approximately •
twenty (20) acres in the Southwest Quarter of said Section Twenty-
nine (29) from Moro. The option is contingent upon certain matters
contained in the Option Agreement, including obtaining an agreement
with Moro, Monson and Weld County to widen and improve a dedicated
road from Weld County Road 64 to the right of way of the Union
Pacific Railroad Company, /generally sixty (60) feet in width between
the Southwest and Southeast Quarters of said Section Twenty-nine (29) .
D. The parties desire to re-define and increase the size of
the existing public right of way as above described and to formalize
their agreements with respect to improvement of the right of way.
NOW THEREFORE, in consideration of the mutual promises, coven-
ants and agreements herein contained, the parties agree as follows:
1. The foregoing recitals are incorporated herein by
reference.
2. The parties agree to execute such deeds or other instru-
e\ ments of conveyance as may be required to convey and dedicate a
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new County road right of way to the County sixty (60) feet in
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width, which right of way is more particularly described in
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3 Exhibit "A" which is attached hereto and incorporated herein.
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w 3. Plans and specifications for construction of the road are
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attached hereto as Exhibit "B" and are incorporated herein. The
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specifications provide for two alternative methods of construction.
Upon execution of this agreement and approval by the County
Engineer of the plans and specifications for construction, the parties
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shall cause the plans and specifications for the road improvements
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s to be distributed to road construction contractors with a request
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• _• for bids. The parties hereby authorize the engineering firm of
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• z Norton, Underwood and Lamb to act as their representative for
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o } purposes of obtaining a contract for road improvements pursuant
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z to the design and specifications. Norton, Underwood and Lamb are
co No K; hereby specifically authorized to accept on behalf of the under-
signed a contract from the lowest responsible bidder and to sign
the same as agent for the undersigned.
4 . The road improvement construction contract awarded
pursuant to paragraph 3 above shall call for completion of the
road improvements in 1982 as soon as weather conditions shall
permit. Norton, Underwood and Lamb are hereby designated as the
parties' agent to supervise the construction of the road improve-
ments. Said construction shall be in strict conformance- ..
to the plans and specifications approved by the County Engineer.
The costs of design and supervision shall be additional costs of
construction of the road.
5. At all times during said construction, the County shall
have the right to test and inspect or require tests and inspection
of materials and work.
6. Upon the completion of the construction of the road
improvements according to the approved plans and specifications,
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Norton, Underwood and Lamb shall request in writing that the County
Engineer inspect said road and accept it for partial maintenance
�o u by the County. Partial maintenance consists of all maintenance
s' except for actual repair of the road, curbs and gutters and related
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road improvements. The County Engineer shall accept the road for
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� c partial maintenance for a period of a year. Nine months after
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s initial acceptance, the County Engineer shall inspect the subject
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road, and notify Norton, Underwood and Lamb of any deficiencies.
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°6 The County Engineer shall re-inspect the road after notification
j from Norton, Underwood and Lamb that any deficiencies have been
N corrected. If the County Engineer finds that the streets are con-
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11,2 structed according to the approved plans and specifications, he
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shall recommend the acceptance of the road for full maintenance to
; t iL the Board of County Commissioners.
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7 . Upon receipt of a recommendation from the County Engineer
Crefor acceptance of the road, the County shall accept said road as
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o, ;', public facilities and County property, and shall be responsible for
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o the full maintenance of such road including repair..
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8 . The cost of the road improvements shall be paid by the
parties as follows:
(a) Weld County shall pay ten percent (10%) of the total
construction costs pursuant to construction contract, not to exceed
$10, 000 .
(b) The balance of the cost shall be paid as follows:
Moro - 59 .75%; Monson _ 24 . 946%;
Platte River -. 15.2690 .
Said percentages represent the agreed percentages of lineal
footage of the parties adjacent to each side of the road to be
constructed and completed.
(c) Moro, Monson, and Platte River shall pay their
agreed share of the construction costs within ten (10) days of
receipt of notice of its share from Norton, Underwood and Lamb.
The County shall pay its agreed share of the construction costs
within thirty (30) days of acceptance by the County Engineer for
partial maintenance by the County. 'If any party shall default in
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paying its proportionate share of the construction costs as above
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provided when due, any non-defaulting party may pay the defaulting
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party' s share and shall be entitled to reimbursement immediately
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o upon demand. If a non-defaulting party pays the share of a default-
ow ing party, the non-defaulting party shall be entitled to a lien
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g, upon the lands of the defaulting party adjacent to the road and
shall be entitled to recover from the defaulting party the amount
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!lice of the default plus forty percent (40%) per annum interest plus
its reasonable attorneys ' fees and Court costs incurred in the
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1 collection process .
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�^ z 9 . It is a condition precedent to the parties ' obligations
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hereunder that Platte River close the purchase of lands along the
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r road from Moro pursuant to the Option Agreement between Moro and
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Platte River (Arkansas Foundry Company) dated September 30, 1981.
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In the event Platte River does not close the purchase of the land
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Ii c under the Option Agreement for any reason, Moro shall pay the full
cost of all engineering design and services rendered with regard
a o :to the road as its sole cost and expense. No contract for .construc-
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_2 tion of the improvements shall be let until the closing of purchase
between Moro and Platte River.
10 . Moro, Monson, and Platte River shall indemnify and hold
harmless the County from any and all suits, actions, or claims of
every nature and description caused by, rising from, or on account
of said construction, pay any and all judgments rendered against
, the County on account of any such suit, action or claim, together
with all reasonable expenses and attorney fees incurred by County
in defending such suit, action or claim. All contractors and
other employees engaged in construction of the improvement shall
maintain adequate workmen ' s compensation insurance, a public
liability insurance coverage, and shall operate in strict accord-
ance with laws and regulations of the State of Colorado governing
occupational safety and health.
11. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors and assigns.
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IN WITNESS WHEREOF, the parties have caused this Road
Improvement Agreement to be executed the dates set opposite their
signatures below.
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e a Date: �, lj/- ��� •
MORO FARMS, INCORPORATED,
a Colorado Corporation
r By` /./i..../././"..-27--7,1"-"- ,i?%�it7�
c = President
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c Seer tary •
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Date: /L�/,E /7/ MONSON BROS, CO . , a Colorado
Lfl Corporation
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! es P/,C2.�. n iden't
Attest:
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Ai. �[ iJ/ Loi •
(N Secretary
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,0 -, Date. • '{ Fca4l• ' /G ‘7,./7 PLATTE RIVER STEEL CO. , INC. a
1 _ Colorado Corporation
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c Attest: Grp si1nnt u
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M Secretary
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0 0 Date: WELD COUNTY, COLORADO
\ / By
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fJ�� ,- Chairman, Board of County
��IG�� I Jvvvs.��✓ f4%ncl Commissioners
Attest:() Clerk and Recorder,
Clerk tO the. Board of County
Commissioners
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eputy County Clerk
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COUNTY ROAD #39.5 CR39
IMPROVEMENTS AGREEMENT MORO FARMS INC &
MONSON BROS CO &PLATTE RIVER STEEL CO I C
S29 T6 R65 11-25-81
/D �5�/
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