HomeMy WebLinkAbout900984.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT WITH PRO-CYSS FOR XTRA
LANDFILL 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 an Improvements
Agreement from Pro-Cyss for XTRA Landfill, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement, and
WHEREAS, the terms and conditions are as stated in said
Agreement, a copy of which is attached hereto and incorporated
herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Improvements
Agreement with Pro-Cyss for XTRA Landfill 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 22nd day of
October, A.D. , 1990 .
n
BOARD OF COUNTY COMMISSIONERS
ATTEST: Ly:/„4 WEL UNTY, COLORADO
Weld County Clerk to the Board AIN(ene R. Bran ner, C airman
BY: 2 J Geo ge X nnedy,P� r�o
puty Clerk to a Board
APPR VED AS FORM: Constance I. Harbert
EXCUSED
--�'� - C.W. Ri
County Attorney
Ger . La
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‘1i(i avo'n MEMORAMUM
WilkTo Edward B . Sutton Date October 26 , 1990
COLORADO From Tommie Antuna, Clerk to Board' s Office
su6Ject: Agreement regarding Collateral
Please initial where the words "County Engineer" have been crossed
out. The two pages where this occurs have been initialled by Mr.
Brantner, and they are marked by the paper clips . Will you also
have Mr. Hayes sign the Agreement and return it to this office.
Our address is - Clerk to the Board, P.O. Box 758 , Greeley, CO
80632.
If you have any questions , please call me at 356-4000 , ext. 4225 .
Thank you,
i
ommie Antuna
eputy Clerk to the Board
Iffl PR ® - CYSS
WASTE CORPORATION
TRANSMITTAL LETTER
ro: Office of County Attorney
DATE October 22, 1990
Weld County. Colorado
JOB NO.
P. O. Box 1948
Greeley, CO 80632 PROJECT
Attn. i,PP Mnrri son --- - _ --
i7.` -
TRANSMITTED ARE THE DOCUMENTS CHECKED BELOW:
❑ ORIGINALS ❑ COPY OF LETTER �' Jw 1330
❑ REPRODUCIBLES .L /J
❑ CHANGE ORDERS 1A E" COUNTY
❑ PRINTS ❑ SPECIFICATIONS ATTORN E.Y C=F I E
❑ PLANS ❑
COMMENTS:
❑ FOR APPROVAL ❑ RETURNED FOR CORRECTIONS
❑ FOR YOUR USE ❑ SUBMIT FOR DISTRIBUTION
❑ AS REQUESTED ❑ RETURN CORRECTED PRINTS
❑ FOR REVIEW AND COMMENT ❑
❑ FOR BIDS DUE 19
COPIES DESCRIPTION
Agreement Regarding Collateral For Closure and
Improvements XTRA Landfill
REMARKS:
COPY TO:
SIGNED CA k1 0.Y` i,,7 o v
Edward B. Sutton Z L
165 South Union Boulevard Suite 170 Lakewood, Colorado 80228 (303) 980-0050
AGREEMENT REGARDING COLLATERAL FOR CLOSURE AND 1 ROVEMENTS
XTRA LANDFILL
\THIS AGREEMENT, made and entered into is day of
by and between the Co my of Weld, State of
Colora o, acting through its Board of County Commissioners,
hereina ter called "County", and PRO-CY S Waste Longmont, Inc.
hereinaft r called "PRO-CYSS" and XTRA Co poration, known as "XTRA"
and collec 'vely known as "Applicant" .
WITNESSETH:
WHEREAS, PRO- SS is required :to meet closure requirements for
the XTRA landfill p operty in the County of Weld, Colorado which
is the subject of Use By Special Review Permit #779, and
WHEREAS, PRO-CYSS W ste Longmont, Inc. , as a subcontractor to
XTRA Corporation, is requi ed, to provide Weld County the financial
guarantees as are required s part of the Use By Special Review
Permit and Certificate of esignation to be issued to XTRA
Corporation, and
WHEREAS, a Use By Special Rev ' w Permit plan map ("Plan Map")
of said property, to be known as the XTRA Landfill has been
submitted to the County for approval ; nd
WHEREAS, the Weld County Regulations ovide that no Plan Map
shall be approved b the County until the A licant has submitted
a plan for gua nteeing the constructio of the closure
improvements show on the Plan Map and supportin documents of the
Certificate of D sposal (CD) , which improvements are listed in
Exhibit "A" of t is Agreement.
NOW, THER FORE, IN CONSIDERATION OF the foregoing and of the
acceptance a , approval of said Plan Map, the parti s hereto
promise, covenant and agree as follows:
1. 0 Engineering Services: Applicant shall furnish, at i own
expen e, all engineering services in connection with the
desi n and construction of the improvements in accordance w' th
the , se By Special Review Permit #779 and listed on Exhibit\
"A"/which is attached hereto and made apart hereof by this
reference.
/
1, 1 The required engineering services shall be performed by
a Professional Engineer and Land Surveyor registered in
the State of Colorado, and shall conform to the standards
and criteria established by the Use By Special Review
/ Permit #799 and Plan Map.
i
1 . 2 The required e gineering services include the submission
of necessary documents to the County that the
improvements h ve been completed in accordance with the
requirements o the Plan Map and Use By Special Review
permit.
2 . 0 Construction: Applica t shall furnish and install, at its n
expense, the closure i provements listed on Exhibit "A" w ich
is attached hereto and ade a part hereof.
2 . 1 Said construction s all be in strict conformance to the
plans and drawings approved by the County nd the
specifications adop ed by the County for he XTRA
Landfill.
2 . 2 _Said closure improveme is shall be complete , according
to the terms of this A reement, within th construction
schedule appearing in E hibit "A" . The and of County
Commissioners, at its o tion, may grant n extension of
time of completion shown n Exhibit "A" loon application
by the Applicant subjec to the to ms of Section 6
herein.
3 . 0 Release of Liability: Applican sha 1 indemnify and hold
harmless the County from any and a 1 lability loss and damage
County may suffer as a result of a 1 suits, actions or claims
of every nature and description ca sed by, arising from, or
on account of said design and co ruction of improvements,
and pay any and all judgments re de d against the County on
account of any such suit, actio or laim, together will all
reasonable expenses and attor y fee incurred by County in
defending such suit, action claim hether the liability,
loss or damage is caused by, or arises ut of the negligence
of County or its officers , agents, em loyees or otherwise
except for the liability, loss, or dama e arising from the
intentional torts or the gross negligence f the County of its
employees while acting within the scope o their employment.
All contractors and other employees engage in construction
of the improvements;' shall maintain ade uate workman ' s
-compensation insurance and public liabi ity insurance
coverage, and shall operate in strict accordan with the laws
and regulations of the State of Colora o governing
occupational safety and health.
4 . 0 Release of Collateral : Upon completion of the co struction
of closure improvements of a cell, phase or final cl ure, and
the filing of/ a Statement of Substantial Compliance 'gned by
the Registered Professional Engineer, PRO-CYSS may re uest in
writing that the County Engincor and the State and \County
Health Departments inspect the landfill and recommend that the
Board of County Commissioners release the applicable portion
of the guarantee to the Applicant. If the County and State
staff find that the closure has been completed according to
County and State standards, they shall recommend accepta ce
of the closure and release of the guarantee posted by the �, 242,
Applicant. Upon a _receipt of a recommendation from the -
-- in.o r anti ' tate and County Health Department for
(/� acceptance of t e closure construction, the Board of County
Commissioners sh 11 release the applicable guarante .
5 . 0 General Re uirement for Collateral :
5.1 The value of all ollateral submitted to W d County must
be equivalent t 100% of the value f the closure
improvements as s wn in this Agreemen . Prior to Flan
Map recording, PRO- YSS shall indicate which of the four
-types of collateral they prefer to be utilized to secure
the improvements subject to final a proval by the Board
of County Commissio ers and th execution of this
Agreement. Acceptabl collater shall be submitted
prior to the recording f the P1 Map. The improvement
shall be completed withi six ( months after the phase
er cell is complete, unles the Board of County
commissioners grants an e ten ion of time for completion
upon written request of h applicant filed at least
thirty (30) days prior to the expiration of the six
months and further providi that cost estimates for the
remaining improvements a e pdated and collateral is
provided in the amount of 000 of the value of the
improvements remaining o be c mpleted. If improvements
are not completed and a time i not extended within the
proper time frames, e County, at its discretion, may
make demand on all r a portion of the collateral and
take steps to see t at the improv ments are made.
5 . 2 PRO-CYSS may ch ose to provide for phased closure
improvements by eans of designati cells and phases.
FRO-CYSS wold ed only to provide ollateral for the
improvements i each cell or phase developed. The
County will p ace restrictions on tho portions of the
property tha are not covered by colla eral which will
prohibit th development of a cell or p ase.
5 . 3 The appli ant intends to develop in a ordance with
Exhibit " " .
5. 0 Improvement Guarantee: The four types of collet ral listed
below are a ceptable to Weld County subject to fina approval
by the Bo d of County Commissioners.
3
6.1 An irrevocable Letter -of Credit from a Federal or State
li-tensed financial institution on a f•im approved by Weld
County. The letter of Credit shall state at least the
following:
The Letter of Credit shall to in an am nt
equivalent of 10D% of the total value of the
imp ovements as set forth in exhibit "A" .
The Letter of Credit shall provide ₹or -pay nt upon
dema d to Weld -County if the develope has not
perf rmed the obligations specifi in the
Impro ements Agreement and the issu has teen
notifi d of such _default.
-The applicant may draw from the Let r of Credit in
accordance with the provisions of his policy.
The issuer of the Letter of Cre t shell -guarantee
that at all times the unrelea ed portion of the
Letter of Credit shall _be equal to a minimum of 100%
of the estimated costs of comp eting the uncompleted
portions of the required i provements, based on
inspections o the _develop ent by the issuer. In
no case shall d 'sbursement rom the letter of credit
for -a general improveme t item exceed the cost
estimate in the Improve ents Agreement accounting
for increases in sts er time. The issuer of the
Letter of Credit w 11 ign the CollateralAgreement
acknowledging the A reement and its cost estimates.
The Letter of Credit hall specify that the date of
proposed expiration o the Letter of Credit shall
be the date of release o collateral by Weld County.
6.2 Escrow Agreement that provide at least the following:
The cash in escrow is at le st equal to 100% of the
amount specified in the _Im rovements Agreement or
the amount not covered by e of the other three
types of/collateral.
-The escrow agent guarantees tha the escrowedfunds
will/be used for improvements s specified in the
Agreement and for no other pur ose and will not
release any portion of such fu ds without prior
approval of the Board.
The escrow agent will be a Federal or\State licensed
bank or financial institution. \
4
I£ the County of Weld County determines there is a
default of the Improvements Agreement, the escrow
agent, upon request by t₹:e County, shall release any
remaining escrowed -funds to the County.
6. 3 A surety bond given by a corporate surety authorized
do business in the State of Colorado in an am t
equivalent to 1000 of the value of the improvement as
specif d in the Improvements Agreement.
6. 4 A rash d osit made with the County equivalent 1D0%
of the va ue e£ the improvements.
7 . 0 Re st for Rel ase -of Collateral : prior t release of
collateral for cl sure of a cell or a phase of he project by
Weld County, the Applicant must present Statement of
Substantial Compli nce from an Engineer regi ered in Colorado
that the project r a portion of the project has been
completed in substa tial compliance wi approved plans and
specifications docum ting the followin :
7 .1 The Engineer or h s representati es has made regular on-
site inspections uring the x rse of construction and
the construction p ans utili d are the same as those
approved by Weld Co nty.
7 . 2 Following the submitt 1 o the Statementof Substantial
Compliance, PRO-CYSS ay request release of the
collateral for the pro° ct or portion of the project by
the Board. This act ' will be taken at a regularly
scheduled public mee ng f the Board.
8 . 0 Successors and Aesigns• This Agr ement shall be binding upon
the heirs, executors, ersonal repr sentatives, successors and
assigns of PRO-CYSS, and upon reco ing by the County, shall
be deemed a covenan running with th land herein -described,
and shall be bindi g upon the success s in ownership o£ said
land.
9 .D Remedies: S ould TRO-CYSS, as subc ntractor to XT-RA
Corporation, ail to meet any obligation f this Agreement,
XTRA Corpora ion, as owners and permitee, ' s liable for and
shall perfo those obligations.
10. 0 Tx iratio : This Agreement shall expire 45 da from approval
-of the reement by the County unless accepta le collateral
has be submitted by the Applicant. "Appro 1" shall be
deemed to have occured when the Board of County mmissioners
votes to approve the Agreement.
5
IN WITNESS WHEREOF, the parties hereto have caused -this
Agreement to be executed on the day and year first above written.
BOARD 0£ COIJNTY CDMMISSIONERS
WELD COUNTY, COLORADO
AT2EST:
Weld County Clerk -to` the Board by the
Deputy Clerk to the aryl
By:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
PRO- YSS Waste Longmont, Inc.
By:
( itle)
Subscribed end s orn to before one this day of
, 9 by
as of PRO-CYSS Waste Longmont, Inc.
My commissi n -expires:
i
Notary Public
6
XTRA Corporation
By:
(title)
Subscribed and sworn to before me -this day of
, 19 by
as of XTRA Corporation.
My commission expires:
Notary Public
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