HomeMy WebLinkAbout891167.tiff RESOLUTION
RE: APPROVE ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT WITH
MILTON G. WALDBAUM COMPANY OF COLORADO 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 with a Road
Improvements and Maintenance Agreement with Milton G. Waldbaum
Company of Colorado, and
WHEREAS, said Agreement concerns improvements to certain
portions of Weld County Road 47, with the terms and conditions
being as stated in the Agreement, and
WHEREAS, after review, the Board deems it advisable to
approve said Agreement, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Road Improvements
and Maintenance Agreement with Milton G. Waldbaum Company of
Colorado 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 6th day of
November, A.D. , 1989 .
t'l
f BOARD OF COUNTY COMMISSIONERS
ATTEST: if /w�( ,,n L,<�c1;S{1.lrf WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE
and Clerk to the Boa d £ irT9nt ±
irby, Chairman
BY: Gen R. Branr, Pro-Tem
eputy County er
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APPRO ED AS TO FORM: Constance rbert L-'' O Oe rge K ne y
County At-toil-My
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h ,, iJ"' 891167
ARO197195
COUNTY OF WELD, STATE OF COLORADO
ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT
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THIS AGREEMENT, made and entered into this c2 17-e-1 day of
` November, 1989 , by and between THE COUNTY OF WELD, STATE OF
✓ COLORADO, by and through the Board of County Commissioners of Weld
▪ County, hereinafter called "County" , and MILTON G. WALDBAUM
4 COMPANY OF COLORADO, hereinafter called "M.G.W. "
or
o a WHEREAS, M.G.W. has applied to County for an Amended Use by
a Q Special Review Permit No. 655 for a production facility with a
o• maximum capacity of 1 ,750,000 chickens located in the East Half of
U Section 35 , Township 2 North, Range 65 West of the 6th P.M. , Weld
W County, Colorado, and
WHEREAS, the development of the
P production facility allowed
by said permit will increase traffic on Weld County Road 47 , and
co u WHEREAS, damage to said Weld County Road 47 may occur due to
z said increased traffic and, therefore, the Board of County
H Commissioners of Weld County have requested the paving of a
F portion of Weld County Road 47 .
Hw
NOW, THEREFORE, in consideration of the mutual convenants and
m conditions hereinafter set forth, County and M.G.W. mutually agree
w as follows:
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N 1 . Weld County Road 47 shall be improved from the
o intersection of the service roadway north of Interstate 76
o x northward for 1 ,600 feet. The improvements shall consist of the
a g paving of that portion of WCR 47 .
a co 2. County agrees to provide the base-course and preparation
N °'.y° work for the subject portion of WCR 47. M.G.W. agrees to pay for
row 100% of the cost of paving the roadway.
3. M.G.W. shall be responsible for contracting with a
contractor to provide the paving and final shouldering of the
subject portion of WCR 47 . All payments by M.G.W. to the
contractor shall be according to the contract between the
contractor and M.G.W.
4 . M.G.W. will notify County of the name of the paving
contractor and provide County with a copy of said contract.
5 . M.G.W. , through the paving contractor yet to be named,
shall warrant and maintain the improved portion of WCR 47 for a
period of one year, after such time County shall be responsible
for said maintenance.
Page 1 of 2 Pages
891167
6 . All construction and materials shall be in accordance
o v with the State Department of Highways, Division of Highways, State
of Colorado, Standard Specifications for Road and Bridge
N oU Construction, latest edition.
ac 7. County shall retain the right of inspection of the
, paving and shouldering work provided by M.G.W. through the paving
• x contractor yet to be named.
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8 . M.G.W. agrees to make the improvements contemplated
o herein no later than June 1, 1990.
cx IN WITNESS WHEREOF, the parties hereto have duly executed
'a this Agreement the day and year first above written.
� / ,o COUNTY OF WELD, STATE OF
Cr, ;11ATTEST: COLORADO, by and through the
co J Board of County Commissioners
,"'., H Weld County lerk !.and Recorder of Weld County
--- 1-21 and Clerk to the B rd
BY �3kr� l�jy \ � res) By:
] Deputy.,County lerk irb(
W Chairman -
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N z MILTON WALDBAUM COMPANY
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By.
CO 01
Frederick C. Gra es
N CO
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Title: lest7n
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SUBSCRIBED AND SWORN to before me this v- ,4aym"af,"
72/9-Vta ice.,, . 19 S' ? .4010C4J
WITNESS my hand and official seal. 11 y ,
--)14"911--
Notary Public
My commission expires: 4a/C}3
Page 2 of 2 Pages 891.167
OFFICE OF COUNTY ATTORNEY
1,
lig PHONE(303)3564000 EXT.4391
P.O. BOX 1948
GREELEY,COLORADO 80632
C.
COLORADO
0 o November 3, 1989
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o ▪ Frederick C. Graves, Director
0 3 Colorado Operations
o a Milton G. Waldbaum of Colorado
o P. O. Box 429
• 6339 Weld County Road 47
• Hudson, CO 80642
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RE: Improvements Agreement for
Weld County Road 47
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z Dear Mr. Graves:
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'- This letter will confirm the mutual understanding between Weld
w County, Colorado, and Milton G. Waldbaum Company of Colorado,
crIw regarding two provisions as set forth in the Road Improvements and
Maintenance Agreement which is attached hereto.
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r9 RC
o As a clarification of 2, M.G.W. agrees to
u a paragraph g pay for 100%
of the cost of paving and final shouldering of the roadway. The
following specifications are contemplated by paragraph 6 of the
o Agreement: The company which is contracted to pave the roadway by
V rn M.G.W. will construct a 24-foot wide by 4-inch thick asphalt
�` fi °.,° surface, and final 4-foot wide by 4-inch thick class 6 gravel
w shoulders.
The above Agreement was reached between Frederick C. Graves,
Director of Colorado Operations for Milton G. Waldbaum of
Colorado, and Bruce T. Barker, Assistant Weld County Attorney, by
telephone on November 2, 1989.
Please sign below if this letter correctly states the additional
understanding and agreements between Weld County and Milton G.
891167
Frederick C. Graves
Page 2
November 3, 1989
ao
o
Waldbaum Company of Colorado regarding the attached Road
er0 Improvements and Maintenance Agreement.
Very truly yours,
(fl
0 Bruce T. Barker
Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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F Gene R. Brantner, Pro-Tem
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W MI 'a G. WALDBAUM COMPANY OF
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N4>4 �..... Lam.
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Frederick C. Graves
xc: Landmark Engineering
03 .. Keith Schuett, Planning Dept.
`r °' Drew Scheltinga, County Engineer
N CO
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CA [Li
891167
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