HomeMy WebLinkAbout850394.tiff RESOLUTION
RE: APPROVAL OF ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT WITH
CHALLENGER GRAVEL PIT PARTNERSHIP AND AUTHORIZE CHAIRMAN TO
SIGN
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, a Road Improvements and Maintenance Agreement,
between Weld County and Challenger Gravel Pit Partnership, has
been presented to the Board of County Commissioners, and
WHEREAS, the terms and conditions are as stated in the
Agreement, a copy of which is attached hereto and incorporated
herein by reference , and
WHEREAS, after study and review, the Board deems it advisable
and in the best interests of Weld County to approve said
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Road Improvements
and Maintenance Agreement between Weld County and Challenger
Gravel Pit Partnership be , and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 24th day of
June, A.D. , 1985 .
n J.- BOARD OF COUNTY COMMISSIONERS
D/1 ATTEST: % i�jtcg. �2w�4-E.(A9/ /�ni WELD COUNTY, COLORADO
Weld County Clerk and Recorder N^Ilr , Ly6`�
and Clerk to the Board Jai• • e ' ne Jo n on, Chairman
BY: eink,1 /�JC Gene R. Brantner, Pro-Tem
Deputy County Clerk
11
APPROVED As, TO FORM: C.W. Kr!
County Attorney r iii 4C . a
Fra k Yamar chi
8517394
COUNTY OF WELD, STATE OF COLORADO
TOAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 29th day of
April , 1985 , by and between the COUNTY OF WELD,
STATE OF COLORADO, hereinafter called "County, " and CHALLENGER
GRAVEL PIT PARTNERSHIP, hereinafter called "Challenger, " and
WHEREAS, Challenger has applied to County for a Use by
Special Review Mining Permit for a wet, open-cut sand and gravel
operation on 105 acres in the Northwest Quarter (NWa) , Southwest
Quarter (SW.) of Section 29 , Township 5 North, Range 67 West, and
the Northwest Quarter (NW4) and Northeast Quarter (NEa) of the
Southwest Quarter (SWa) of Section 29 , Township 5 North , Range 67
West of the 6th Principal Meridian, and
WHEREAS , Challenger is operating similar gravel pits in the
immediate vicinity of the above-mentioned gravel pit , 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 Challenger have reviewed maintenance and
improvements proposals put forth by Challenger, 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 convenants and
conditions hereinafter set forth, County and Challenger mutually
agree as follows:
1 . The county road which serves said gravel pits is Weld
County Road 54 between Weld County Road 151 and Weld
County Road 13 (haul route) .
2 . Challenger agrees to excavate and patch any damage on
said road that has been created by heavy truck hauling
from Challenger gravel pits , as determined by Challenger
or the Weld County Engineer.
3 . At any time in the future, when road damage has
increased beyond the point that patching can reasonably
restore the road, Challenger will cooperate with County
in the reconstruction of those parts of said road.
4 . When reconstruction is required, the details of such
reconstruction and the amount of aggregate base course
required will be determined by sampling and testing of
the existing road by the Weld County Engineering
Department.
5. When reconstruction is required, Challenger will supply
and pay the cost of the hot bituminous pavement,
aggregate base course, equipment, and labor for
reconstruction.
6 . When reconstruction is required, County will reimburse
Challenger for the cost of AC-10 liquid asphalt for the
manufacture of hot bituminous pavement.
7 . All construction and materials will be in accordance
with the State Department of Highways, Division of
Highways, State of Colorado, Standard Specifications for
-toad and Bridge Construction, 1981 .
B . The term of this Agreement is from the date of entering
as aforementioned, and shall run continuously until
Challenger ceases its operation of said gravel pits.
9 . County shall be responsible for payment of costs due in
future fiscal years only if funds are appropriated and
are otherwise available for the services and functions
which are described herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the
agreement the day and year first above written.
n 4-j�� • BOARD OF COUNTY COMMISSIONERS
ATTEST• (�,v�rt" APM�4.[.ry WELD COUNTY, CO ORADO
Weld County Clerk and Recorder ByJ �km0
and Clerk to the Bo d cqu ine nson, Chairman Eft,QCputt' County C erk
// CHALLENGER GRAVEL PIT
PARTNERSHIP
cpCgilko
Title: President
fEMORAnDU
ogle To Cl erk to
the Board Date May 6, 1985
COLORADO From Donal R. Carroll , Administrative Manager - Engineering Dept.
Subject: Challenger Gravel Agreement
Please place the attached agreement on the next Board's agenda for their
consideration.
Upon approval please have the Chairman sign the agreement and return
it to the Engineering Department along with the Resolution.
_If you have any questions, please call me.
DRC/ibf
Hello