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RESOLUTION
RE: APPROVE ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT WITH CONQUEST OIL
COMPANY 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, by Resolution dated January 12, 1994, the Board approved USR #1033
for a brine water disposal facility located in part of the SEt of Section 28,
Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, for
Conquest Oil Company, and
WHEREAS, in compliance with said Resolution, the Board has been presented
with a Road Improvements and Maintenance Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld
County, and Conquest Oil Company, with terms and conditions being as stated in
said 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 between
the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Conquest Oil Company 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 25th day of April, A.D. , 1994.
%�Ma BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORA 0
Weld County Clerk to the Board
�n /� W. .. Webster, C airma
BY: S i / ( c &A. PrTe
Deputy Cgtrk to the Board Dale . Hall, �
APP }AS TO FORM: i � � `
/ e ge Baxter
County Att rney Constance L. Harbert
'Barbara J. Kirkme4er
PL0940
12 pi., Ft- ' v. r - 940379
-PL owo
tote 361421 COUNTY OF WELD, STATE OF COLORADO
ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 25th day of APRIL , 1994, by and
between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County" and
CONQUEST OIL COMPANY, hereinafter called "Conquest".
WHEREAS, Conquest has applied to the County for a Use by Special Review Permit for a brine
water disposal facility located in part of the SE-1/4, Section 28, Township 1 North, Range 67.
WHEREAS, operation of said brine water disposal facility will generate increased truck traffic,
and
WHEREAS, the County road serving the property may not, over time, efficiently support the
increased truck traffic, and
WHEREAS, the County and Conquest have observed the existing County road and
acknowledged it may need to be improved due to the increased truck traffic caused by operation
of the brine water disposal facility.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the County and Conquest mutually agree as follows:
1. The designated haul route to be repaired will be WCR 19 from WCR 6 to the
entrance to the facility (approximately 3/4 mi.).
2. If improvements to the designated haul route are determined to be necessary by
the County, they will consist of applying a 2" asphalt overlay on the designated
haul route and:
a. Conquest shall provide the necessary material, equipment and labor, not
to exceed an amount equal to $3,000.00 times the number of Operational
Years within which Conquest has operated the brine water disposal
facility. "Operational Year" shall mean a 12-month period within which
Conquest operates its brine water disposal facility commencing on the
same day each year that Conquest commences business operations at that
facility. Subject to the total limit on contributions set forth in paragraph
3., Conquest's obligations will continue to accrue regardless of the timing
of the overlay improvements.
b. Conquest will be responsible for using materials and methods consistent
with any federal, state, or local laws, rules or regulations pertaining to
hazardous materials, health, and environmental protection.
c. All construction and materials shall be in accordance with the State
Department of Highways, Division of Highways, State of Colorado,
Standard Specifications for Road and Bridge Construction 1991.
d. The County will provide testing and inspection of the construction.
B 1440 REC 02387421. 05/09/94 14 : 10 $0 . 00 1/002 »
F 1"/58 MARY ANN FEUERSTELN CLERK & RECORDe.R WELD CO, CO 94O379
3. a. Upon the last day of each Operational Year, Conquest shall set aside
$3,000.00 for the cost of the improvements stipulated in this Agreement.
The funds will be held in an account held by the Clerk to the Board of
County Commissioners of Weld County, with the annual contribution
ceasing when the account, including interest, equals $24,000.00. At the
end of the tenth (10th) Operational Year, if the improvements have not
been made, all funds in the account revert to Conquest. Conquest will
have no further road improvement commitment.
b. If the funds provided by Conquest do not cover the entire cost of the
improvements, the County shall pay the remaining amount. At the end of
each operational year following the improvements, Conquest shall pay
$3,000 directly to the County until Conquest has reimbursed the County
for all amounts paid with regard to the improvements.
4. Maintenance of the haul route will continue to be performed by the Weld County
Road and Bridge Department both before and after the improvements are made
in a manner consistent with the overall County road maintenance program.
5. All vehicles hauling water to the facility will be restricted from traveling south
of the facility on WCR 19. All traffic to the facility will be south on WCR 19
from WCR 6 with the exit route being north on WCR 19 to WCR 6.
6. Failure to comply with this Agreement may be grounds for revocation of the Use
by Special Review.
7. This Agreement is not intended to confer a benefit to any third party to this
Agreement.
8. This Agreement is intended to be binding on any successors in interest to
Conquest Oil Company.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and
year first-above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO CON QU ST c P NY
BY: 4 4Pidq 1,!P
ATTEST:
WELD CalirgY
CLERK TO THn BARD
BY: / �
B 1440 EEC 0238742/ 05/09/94 14 . 10 $0 . 00 2/002
y 1159 MARY ANN FEUERSTEIN CLERK R RELOROh:R WELD CO, CO 0379
mtmoRnnDun
WilkBoard of County Commissioners April 8, 1994
To Date
A Lee D. Morrison, Assistant County Attorney
COLORADO r From
Conquest Oil
Subject:
Conquest Oil has submitted a Road Improvements and Maintenance
Agreement which is acceptable to the staff, but is unusual in one
respect. Conquest proposes maintaining the road improvements funds
in their own account until and unless the improvements actually are
made to the County road. There is, obviously, some risk inherent
in maintaining those funds separately, but this is offset by the
fact that the road impacts would be discontinued if Conquest ceases
to operate and the Special Use Permit could be revoked if the
operator fails to meet the terms of the contract, again, ceasing
the road impacts . It is also somewhat unusual because the road
paving is currently in good shape and the need for overlay will
occur, if at all, at some time in the future.
Please indicate whether the Agreement as written should be placed
on the agenda for consideration or the staff should draft an
additional amendment that would provide for holding the funds in a
County fund for the ten year period of time.
LDM/gb:boccconq
pc Drew scheltinga, Public Works
Gloria Dunn, Planning Services
Initial :
Place on Draft
Agenda Amendment
Webster
Baxter
Hall
Harbert
Kirkmeyer 1/
9I0379
MEMORAnDU
W I Board of County Commissioners April 25, 1994
Date
Gloria Dunn, Current Planner
COLORADO From
USR-1033 Conquest Oil Company- oad Improvements and
Subject: Maintenance Agreement
The attached Road Improvements and Maintenance Agreement submitted by Conquest
Oil Company is acceptable to the Department of Planning Services' staff and is
recommended for approval by the Board of County Commissioners. The document has
been reviewed by Assistant County Attorney Lee Morrison and County Engineer Drew
Scheltinga.
940379
0 () (74: 1
CO.,NTY OF WELD, STATE OF COLORADO
ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this -3C day of // 1I< 11 , 1994, by and
between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County" and
CONQUEST OIL COMPANY, hereinafter called "Conquest".
WHEREAS, Conquest has applied to the County for a Use by Special Review Permit for a brine
water disposal facility located in part of the SE-1/4, Section 28, Township 1 North, Range 67.
WHEREAS, operation of said brine water disposal facility will generate increased truck traffic,
and
WHEREAS, the County road serving the property may not, over time, efficiently support the
increased truck traffic, and
WHEREAS, the County and Conquest have observed the existing County road and
acknowledged it may need to be improved due to the increased truck traffic caused by operation
of the brine water disposal facility.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the County and Conquest mutually agree as follows:
1. The designated haul route to be repaired will be WCR 19 from WCR 6 to the
entrance to the facility (approximately 3/4 mi.).
2. If improvements to the designated haul route are determined to be necessary by
the County, they will consist of applying a 2" asphalt overlay on the designated
haul route and:
a. Conquest shall provide the necessary material, equipment and labor, not
to exceed an amount equal to $3,000.00 times the number of Operational
Years within which Conquest has operated the brine water disposal
facility. "Operational Year" shall mean a 12-month period within which
Conquest operates its brine water disposal facility commencing on the
same day each year that Conquest commences business operations at that
facility. Subject to the total limit on contributions set forth in paragraph
3., Conquest's obligations will continue to accrue regardless of the timing
of the overlay improvements.
b. Conquest will be responsible for using materials and methods consistent
with any federal, state, or local laws, rules or regulations pertaining to
hazardous materials, health, and environmental protection.
c. All construction and materials shall be in accordance with the State
Department of Highways, Division of Highways, State of Colorado,
Standard Specifications for Road and Bridge Construction 1991.
d. The County will provide testing and inspection of the construction.
940379
3. a. Upon the last day of each Operational Year, Conquest shall set aside
$3,000.00 for the cost of the improvements stipulated in this Agreement.
The funds will be held in a separate account established by Conquest
specifically and provide information of said reserves for this purpose, with
the annual contribution ceasing when the account, including interest,
equals $24,000.00. At the end of the tenth (10th) Operational Year, if the
improvements have not been made, all funds in the account revert to
Conquest. Conquest will have no further road improvement commitment.
b. If the funds provided by Conquest do not cover the entire cost of the
improvements, the County shall pay the remaining amount. At the end of
each operational year following the improvements, Conquest shall pay
$3,000 directly to the County until Conquest has reimbursed the County
for all amounts paid with regard to the improvements.
4. Maintenance of the haul route will continue to be performed by the Weld County
Road and Bridge Department both before and after the improvements are made
in a manner consistent with the overall County road maintenance program.
5. All vehicles hauling water to the facility will be restricted from traveling south
of the facility on WCR 19. All traffic to the facility will be south on WCR 19
from WCR 6 with the exit route being north on WCR 19 to WCR 6.
6. Failure to comply with this Agreement may be grounds for revocation of the Use
by Special Review.
7. This Agreement is not intended to confer a benefit to any third party to this
Agreement.
8. This Agreement is intended to be binding on any successors in interest to
Conquest Oil Company.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and
year first-above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO I CONQUEST IL COMPANY
PPANNY
BY: � � ' !V/l/ BY: ;/�� :-J > �l
04/,77 94 /
ATTEST: C
WELD COUNTY
CLERK TO THE BOARD
BY:
940379
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