HomeMy WebLinkAbout941252.tiff AR292li295
RESOLUTION
RE: APPROVE ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT AND AUTHORIZE
CHAIRMAN TO SIGN -WRIGHT'S DISPOSAL, INC.
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 between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Wright's Disposal, Inc., 2323 South Wadsworth, Suite 107,
Denver, Colorado 80227, in conjunction with a Certificate of Designation, Site Specific Development
Plan, and Use by Special Review Permit, USR#1039, which was approved November 2, 1994, with
further terms and conditions being as stated in said agreement, and
WHEREAS, at the regular meeting on December 7, 1994, the Board deemed it advisable to
continue said matter to December 14, 1994, at which time said matter was again considered, 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
Wright's Disposal, 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 14th day of December, A.D., 1994.
9 Badew`lii,_,/t BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, , OLORADO
Weld County Clerk to the Board /L, ((e 1102-1-pu
rth
W. H. Webster, C airm n
1 . o
2 BY:, t d� c.--s,/.��
Deputy Cle�the Boar \ Dale Wel , Pro- :rn
APPROVED Asp F,pRAd -/ .`j-c7
J Geo e E. Baxter
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am. S �4, n ,7� 7"
�ounty�et Constance L. Harbert
r,!LA {,S .(nt
arbara J.. Kirkmey r 0O
2424295 B-1477 P-554 01/26/95 03:00P PG 1 OF 5 ECDOC 94941
252
Weld County CO Clerk & Recorder 0.00 252
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ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT
This Road Improvements and Maintenance Agreement ( "Agreement" )
is made and entered into by and between Wright' s Disposal , Inc . , a
Colorado Corporation ( "Operator" ) and The Board of County
Commissioners of Weld County, Colorado ( "Board" ) .
WITNESSETH
WHEREAS, Operator was granted by the Board a Certificate of
Designation ( "CD" ) and a Site Specific Development Plan and a Use
by Special Review Permit ( "USR-1039" ) authorizing Operator to open
and operate an injection well for disposal of non-hazardous Class
I and Class II liquid waste as defined in the Code of Federal
Regulations (40 CFR 144 . 6) ( "Facility" ) as located in Weld County,
Colorado; and
WHEREAS, as a condition of approval of Facility, condition
2 (b) of USR-1039, Board required Operator to enter into a Road
Improvements and Maintenance Agreement for maintenance of the Haul
Route defined as Weld County Road No. 19 between the Facility
entrance and State Highway 52 ; and
WHEREAS, Operator has provided to Board an estimate that
average weekly use on said Haul Route shall be an average of less
than 120 truck deliveries per week;
NOW, THEREFORE, in satisfaction of the requirements of USR-
1039, consideration of the foregoing, and other good and valuable
consideration, the receipt of which is hereby acknowledged, the
parties do hereby agree as follows :
1 . Operator shall construct and pay for a 50 foot turning
radii to be constructed at the intersection of Weld County Road 19
and the access road to the facility. All Plans for construction of
the turning radii must be reviewed and approved before construction
begins, and the same approved upon completion of construction by
the Weld County Engineering Department .
2 . The access road at the site for the first 100 feet shall
be 24 feet in width, the purpose being to allow trucks to drive off
of Weld County Road 19 onto the access road and park to avoid other
traffic that may exist either on the access road or on County Road
19 .
3 . Operator will deposit the sum of $21, 500 . 00 to be held as
guarantee by the Clerk to the Board in the form of cash or
certificate of deposit . When Weld County paves Weld County Road 19
from the Facility entrance to State Highway 52 , Operator will
become obligated to pay to Weld County a sum of not less than
1
2424295 B-1477 P-554 01/26/95 03:00P PG 2 OF 5
$10 , 750 . 00 and not more than $21, 500 . 00 (subject to paragraphs 5
and 6 herein) if Weld County paves and adds additional road base on
Weld County Road 19 from the facility entrance to State Highway 52 .
The amount of contribution shall be calculated on the need for
additional structural road base necessary, according to standard
engineering practices, to support trucks delivering to the
facility. The number of trucks shall be based upon the annual
report provided pursuant to paragraph 4 herein. For example, at
current costs, 120 trucks per week would require an additional 2%
inches of road base and a resulting charge of $21, 500 . 00 . If
paving takes place in 1995 , the calculation shall be based on truck
deliveries through the average of the previous six months .
4 . Operator agrees to provide to the Department of Planning
Services and the Weld County Public Works Department an annual
report showing the average weekly number of truck deliveries to the
site until the road is paved.
5 . The sum of $21, 500 . 00 as provided herein is based upon an
estimate of costs as of the date of this agreement . The sum of
$21 , 500 . 00 shall be adjusted in each succeeding year for inflation
according to changes in the Producer Price Index for Total Finished
Goods published by the Bureau of Labor Statistics of the United
States Department of Labor. Once construction is completed, the
remaining funds on deposit, if any, including interest, will be
returned to Operator.
6 . In the event operator fails to comply with any term or
provision of this agreement, the Board, in addition to having all
other remedies available, shall consider the failure to comply as
grounds for revocation of the subject CD and/or USR-1039 .
7 . All covenants and agreements contained in this Agreement
by or on behalf of any of the parties hereto will bind and inure to
the benefit of the respective successors and assigns of the parties
hereto whether so expressed or not . Upon transfer of the facility
by Operator following approval of such transfer by Board, Operator
shall be released from any further liability hereunder and the
Transferee shall be substituted as Operator.
8 . Whenever possible, each provision of this Agreement will
be interpreted in such manner as to be effective and valid under
applicable law, but if any provision of this Agreement is held to
be prohibited by, or invalid under, applicable law, such provision
will be ineffective only to the extent it is prohibited or invalid
and the remaining provisions of this Agreement shall remain in full
force and effect .
9 . All questions concerning the construction, validity and
interpretation of this Agreement, will be governed by the statutes,
rules and regulations of the United States specifically applicable
and the laws of the State of Colorado .
F:\KFL\AGREEMEIP\WRIGHTS.ROA
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2424295 B-1477 P-554 01/26/95 03:00P PG 3 OF 5
10 . This Agreement constitutes the entire Agreement of the
parties hereto. No change, alteration, amendment, modification or
waiver of any term or provision hereof shall be valid unless the
same is set forth in writing and signed by the parties .
11 . No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers
or employees may possess, nor shall any provision of this Agreement
be construed to create any duty, standard of care of rights in
favor of any third parties with respect to any obligation created
by this Agreement .
12 . All notices, demands or other communications to be given
or delivered under or by reason of the provisions of this Agreement
will be in writing and will be deemed to have been given when (a)
delivered personally or by courier, with a signed proof of receipt,
or (b) placed in the U.S . mail by means of certified or registered
mail, return receipt requested and postage prepaid, to recipient .
Such notices, demands and other communications shall be sent to
each party at the address indicated below:
If to Operator:
Wright' s Disposal , Inc .
2323 South Wadsworth
Suite 107
Denver, CO 80227
If to the Board:
Board of County Commissioners of Weld County
P.O. Box 758
Greeley, CO 80632
or to such other address or to the attention of such other person
as the recipient party has specified by prior written notice to the
sending party.
IN WITNESS WHEREOF, Operator and the Board have executed this
Agreement this /S-/K (day) of peec'5c27&2C (month) , 1994 .
ATTEST: WRIGHTS DISPOSAL, INC.
a Colorado Corporation
.4J On/ 7'
,U `^h Cc='rN.�C, By: f�/ / Ala
' c � President
t0 3~'t'
A\7311\/..7-1.4'4 „
G'
"'uminn,0.''
F:\KFL\AGREEMEN\WRIGHTS.ROA 3
2424295 B-1477 P-554 01/26/95 O3:O0P PG 4 OF 5
STATE OF COLORADO )
ss .
COUNTY OF , C_ )
Subscribed and sworn to before me this 15 day of„,t4:014..1'r-
1994 by tv\,irt rt _l. ViOltrtli'Cj1 as President and
fYer#eri[ 5e'rS ( as Secretary of Wright' s
p,i,$posal, Inc . , a Colorado Corporation.
/4.,1 ........-.'%ii/7TNESS MY HAND AND OFFICIAL SEAL.
4> • r -r,
51 t My commission expires :4414
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o5` .. C No ry F)ublic
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ATTEST•: q /� tJv///l/ BOARD OF COUNTY COMMISSIONERS OF
/ WELD COUNTY, COLORADO
Seal �� l �� J
(61-A-es--(C---Xligi--(-4/17---,--- By: / !Y/'` 2 ' / !�By` ------(,) Chairman / 49�9K
Cler to the Board
STATE OF COLORADO )
ss .
COUNTY OF WELD )
tib�e�d and sworn to before me this A0 - day of
lI /L)) , 1994) by 1X). P. Webs-kr
as Chairman of County Commissioners of Weld County, Colorado .
WITNESS MY HAND AND OFFICIAL SEAL. X03 JU
O c
It
My commission expires : o.• ':y ,•
•MY commissioN EAPI ES JAN. 1, 1996 5 0:
Notary Pu is w,);
APPROVED AS TO FORM:
J
/ h4' �.L�;)/\
Morrison e neth F . nd
v Assistant Weld County Attorney Attorney for Wrights Disposal,
Inc .
F:\KFL\AGREEMEN\WRIGHTS.R0A 4
2424295 B-1477 P-554 01/26/95 03:00P PG 5 OF 5
LIND, LAWRENCE & OTTENHOFF
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O. BOX 326
GREELEY, COLORADO 80632
GEORGE H. OTTENHOFF TELEPI IONE
KENNETH F. LIND (303) 353-2323
KIM R. LAWRENCE (303) 356-9160
TELECOPIER
JEFFREY R. BURNS TRANSMITTAL (303) 356-1111
TO: REGARDING:
Lee Morrison Wright' s Disposal , Inc .
Assistant Weld County Attorney
P.O. Box 1948
Greeley, CO 80632
TRANSMITTED :
( ) For filing and return (x) For your signature and return
( ) For filing in Court ( ) For your records
( ) For your information ( ) For recording and return
Description and Remarks :
Lee,
Enclosed is the original plus three copies of the Road Improvements
and Maintenance Agreement along with a check (No. 001790) in the
amount of $21, 500 . 00 payable to the Board of County Commissioners
of Weld County.
Please have all copies signed and return two or three copies to our
office . We will then forward one executed copy to the Weld County
Planning Department . If you have any questions, please feel free
to contact me . Thank you.
LIND, LAWRENCE & OTTENHOFF
By: Kenneth F. Lind, Esq.
Date : December 19, 1994
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