HomeMy WebLinkAbout890557.tiff AR23D98U9
RESOLUTION
RE: APPROVE ROAD MAINTENANCE AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND TIRE MOUNTAIN, 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 m w
WHEREAS , the Board has been presented with a Road Maintenance Ln w
Agreement between Weld County, Colorado, and Tire Mountain, Inc . , 2 .121
concerning a tire landfill storage and recycling facility in a M
part of the SEA of Section 32 , Township 3 North, Range 65 West of M
the 6th P.M. , Weld County, Colorado, and
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WHEREAS, the terms and conditions are as stated in the Z o
Agreement, a copy of which is attached hereto and incorporated Z ,p
herein by reference , and m
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WHEREAS , the Board desire to approve said Road Maintenance
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Agreement. �H \
NOW, THEREFORE, BE IT RESOLVED by the Board of County z
Commissioners of Weld County, Colorado, that the Road Maintenance n
Agreement between Weld County, Colorado, and Tire Mountain, Inc. , b
be , and hereby is , approved .
BF IT FURTHER RESOLVED by the Board that the Chairman be, and m
hereby is , authorized to sign said Agreement.
The above and foregoing Resolution was , on motion duly made 8
and seconded , adopted by the following vote on the 28th day of o
June , A.D. , 1989 . w o
, (n�y4 ,� 2c BOARD OF COUNTY COMMISSIONERS M o0
ATTEST:`�(�� r WELD COUNTY, COLORADO
Weld County Clerk and Recorder o
and Clerk it? the Bo rd C.W. Kir y, Chairman
c• e J son, Pro-Tem
eputy County lerk
APPROVED AS TO FORM: ene R. Brantner
-eorge enn y
r
,-A/County Attorney
Gord IE. c
890557
COUNTY OF WELD , STATE OF COLORADO
ROAD MAINTENANCE AGREEMENT
THIS AGREEMENT , made and entered into this 28th day
of June , 1989 , by and between the COUNTY OP WELD , STATE
OF COLORADO , hereinafter called the "County" and TIRE MOUNTAIN,
INC. , hereinafter called the "Owner" , and
WHEREAS , THE Owner has applied to the County for a Use by
Special Review Permit , Case No . USR 842 for a tire landfill ,
storage and recycling facility in a part of the Southeast Quarter
( SE ) Section 32 , Township 3 North , Range 65 West of the 6th
Principal Meridian , and
WHEREAS , the tire landfill , storage and recycling facility
will generate a slight increase in heavy truck traffic on County
Road 41 , and
WHEREAS , the existing County road that serves the tire
landfill , storage and recycling facility will require increased
maintenance and improvements due to the increase in truck
traffic , and
WHEREAS , the County and the Owner have reviewed the
proposed maintenance and improvement conditions and acknowledge
that they will enhance the accessibility and safety of the roads
that serve the tire landfill , storage and recycling facility;
NOW , THEREFORE , in consideration of the mutual covenants
and conditions hereinafter set forth , the County and the Owner
mutually agree as follows :
1 . The primary designated haul route that serves the tire
landfill , storage and recycling facility is Weld County Road 41 ,
from the facility ingress/egress point south to Colorado State
Highway 52.
2 . For the Owner ' s use of Weld County Road 41 for ingress
and egress from the tire landfill , storage and recycling
facility , the Owner agrees to pay an amount equal to Nine percent
(9%) of the cost of surfacing two miles of Weld County Road 41
from the end of the existing payment at Weld County Road 22 north
to the ingress and egress points at Weld County Road 26 . The
improvements shall consist of not more than eight inches (8" ) of
Class 6 aggregate base course and three inches ( 3 " ) of hot
bituminous pavement , grading EX , all twenty-four feet ( 24 ' ) wide
plus four foot (4 ' ) wide shoulders.
$0 .00 2/004
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F 1563 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
890537
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3 . The Owner will pay a sum equal to nine percent (9%) of
current ( 1989) improvements costs of $81 , 565 . 00 per mile , or an
amount not to exceed a total of $14 ,682.00 for the Owner' s share
of two ( 2) miles of roadway improvements , said amount to be paid
by 9 equal semi-annual installments of $ 1 ,631 . 33 with the first
payment due on or before December 31 , 1989 , and subsequent
payments due every 6 months thereafter until a total of
$14 ,682. 00 has been paid . It is agreed that the source of the
funds shall be monies collected from the solid wastes disposal
surcharge created by the County pursuant to Ordinance No . 53 . It
is agreed that all payments submitted to the County by Owner
pursuant to Ordinance No . 53 shall be first applied and held by
the County towards the semi-annual $ 1 , 631 . 33 payment required
hereinabove and any funds paid by Owner in excess of $ 1 , 631 . 33
shall be used by the County in accordance with Ordinance No. 53.
In the event the Owner pays on any semi-annual basis a sum less
than $ 1 , 631 . 33 , pursuant to Ordinance No. 53 , it is agreed that
Owner shall pay additional sums of money such that a minimum of
$ 1 , 631 . 33 will have been paid to the County on a semi-annual
basis until the total sum of $14, 682 . 00 has been paid .
4 . The County will furnish the necessary base material ,
hot bituminous pavement , equipment and labor to construct the
improvements .
5 . The County will inspect and replace culverts that are
in a deteriorated condition or require extensions prior to
paving , and will be responsible for any required utility
relocations .
6 . The Owner agrees to install and maintain stop signs at
all exit points from his property.
7 . Both the Owner and the County will be relieved of all
terms of the agreement related to Weld County Road 41 should this
road be vacated by the County or the Owner completes the landfill
operation prior to the improvement to Weld County 41 , in which
case any and all funds that have been paid by Owner out of
non-surcharge funds shall be reimbursed to Owner.
8 . After the County has received the sum of $ 14 , 682 . 00
from either surcharge fees or amounts paid by Owner , any
additional sums of money collected pursuant to County Ordinance
No. 53 shall be collected by Owner and used by the County all in
accordance with Ordinance No. 53 .
9 . No portion of this Agreement shall be construed to
obligate County to construct the improvements described in
Paragraph 2 herein within any particular time frame. County ' s
obligation hereunder is limited to an agreement to use the
$ 14 , 682 . 00 for improvements to the described portion of WCR 41 ,
which improvements may consist of any portion of the improvements
described in Paragraph 2 or graveling.
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F 1564 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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10 . No portion of this Agreement is intended to confer a
benefit on any person not a party to this contract nor constitute
a waiver of any privilege or immunity held by the parties to this
Agreement or their officers , agents or employees.
IN WITNESS WHEREOF , the parties hereto have duly executed
this day and year first above written.
BOARD OF COUNTY COMMISSIONERS TIRE MOUNTAIN , INC.
WELD COUNTY, COLORADO
BY (�/�/ BY • s2L�Q ( .�
C.W. Kirby , Cha rman Jarr.. l A. Jamiso rest ent
Add es• : 12311 41
tallebat nn Hudson , Colorado 80642
Attest :
Weld County Clerk and Recorder
and Clerk to the Board
4 ( A
B 1357 REC 02309809 11/05/92 10 : 13 $0 . 00 4/004
F 1565 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
830557
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