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HomeMy WebLinkAbout850623.tiff RESOLUTION RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT WITH VARRA COMPANIES, INC. 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, the Board has been presented a Road Maintenance and Improvements Agreement between Weld County and Varra Companies, Inc. , and WHEREAS, the terms and conditions of said Agreement, are as stated in the Agreement, a copy being attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Maintenance and Improvements Agreement between Weld County and Varra Companies, Inc. 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 17th day of July, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: a ,_ _ ;tovvi ew WELD COUNTY, COLORADO Weld County dlerk and Recorder EXCUSED and Clerk to the Board ine Johnson, Chairman I �Q Il�.l�1.l.E. l G�fm �J�P P Q e Jac BY: Deputy County Clerk 1 APPROVED A TO FORM: C.W. EXCUSED DATE OF SIGNING (AYE) Gordon E. Lacy ounty Attorney .L774:7ama9uc 114-1d Frank am chi ,' ', PL0791 J 30623 COUNTY OF WELD, STATE OF COLORADO �- U , ROAD MAINTENANCE AND IMPROVEMENTS AGREEMEN }j . - THIS AGREEMENT, made and entered into this day of l — �J 1985, by and between the COUNTY OF WELD, STATE OF COLORADO, h issbou called "County", and VARRA COMPANIES, INC. , hereinafter called "Varra", and WHEREAS, Varra has applied to the County for a Use by Special Review Mining Permit for a wet, open-cut sand and gravel operation on 155 acres in the Northeast Quarter (NE;) of Section 31, less 5.6 acres in the Southwest Quarter of the Northeast Quarter (SW'NE' ) , Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Varra 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 i rA WHEREAS, County and Varra have reviewed maintenance and improvements proposals put forth by Varra, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said gravel pits w., . , NOW, THEREFORE, in consideration of the mutual covernants and conditions hereinafter set forth, County and Varra mutually agree as follows : 1. The county road which serves said gravel pit is Weld County Road 13 between Weld County Road 24 and Weld County Road 30 (haul route.) 2. Varra agrees to excavate and patch any damage on said road that has been created by heavy truck hauling from Varra gravel pits, as determined by Varra 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, Varra will cooperate with the 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, Varra will supply and pay the cost of the hot bituminous pavement, aggregate base course, equipment, and labor for reconstruction. 6. When reconstruction is required, the County will reimburse Varra 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 Road and Bridge Construction, 1981. 8. The term of this Agreement is from the date of entering as aforementioned, and shall run continuously until Varra ceases its operation of said gravel pits . 9. County shall be responsible for the payment of costs due in future fiscal years only if funds are appropriated and are otherwise avail - able 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. BOARD OF COUNTY COMMISSIONERS `7 { WELD COUNTY, COLORADO ATTEST: ,1)12 , 7�Eti�P�o�1¢�m,• Weld County Cl err(( and Recorder By: l/,qY�; L,c and Clerk to the Board Gene R. Brantner Chairman Pro-Tern BY: Deputy unty Cl VARRA COMPANIES INC. BY: _ TITLE: Hello