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Home My WebLink About930333.tiff RESOLUTION RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT WITH BESTWAY PAVING FOR WESTMOOR RESOURCES 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 March, 24, 1993, the Board approved Special Review Permit #1000 for Bestway Paving, with said approval based upon certain Conditions of Approval being met, and WHEREAS, in accordance with said Resolution, the Board has been presented with a Long-term Road Maintenance and Improvements Agreement between Bestway Paving, for Westmoor Resources, and Weld County, Colorado, with the 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 Long-term Road Maintenance and Improvements Agreement between Bestway Paving and Weld County, 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 19th day of April, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: PILL WE/L�/j COUNTY, COLORADO Weld County Clerk to the Board C 62-725- , �e Constance L. H rbert, Chairman BY: 4N,1 �� Deputy erk to the B -1-6\ W. H.//Webster, Pr Tem� APPROV�.D�AS TO FORM: �L/ric / 1 ,// J-- Georg. Baxte County Attorney Dale K. 1 Barbara J. Kirkmeyer l/ PL0902 930333 COUNTY OF WELD, STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT • THIS AGREEMENT, made and entered into this 46-day of dAt--e 1993, by and between the County of Weld, State of Colorado, hereinafter called "County" and Bestway Paving, hereinafter called "Operator" . WHEREAS, the Operator and other gravel operators have acquired land use permits from the County for gravel mining and plant operations in the area west of Greeley, Colorado along 35th Avenue and "F" Street, and WHEREAS, gravel mining and plant operations are anticipated to continue in this area well into the future, and WHEREAS, the County roads in the area of F Street will be impacted by heavy truck traffic generated from gravel mining and plant operations and by other businesses using heavy trucks, and WHEREAS, present and future gravel operators are required to enter into Road Maintenance and Improvements Agreements with the County to mitigate the impact created by heavy truck traffic, and WHEREAS, haul routes overlap between different gravel operators and the existing haul routes are difficult and impractical to manage, and WHEREAS, the maintenance and improvements required will vary over time and provisions should be made to address future requirements, and WHEREAS, the County and the Operator agree it would be advantageous to set forth an equitable agreement that would provide a basis for future Road Maintenance and Improvements Agreements between all parties concerned. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County and the Operator mutually agree as follows: 1 . The County road considered in this Agreement is F Street from the intersection of 35th Avenue east approximately 550 feet. This County road is referred to hereinafter as "F Street" . 2 . The Operator may use F Street as the haul route to and from its gravel mining operations area as described in the plat filed as required by USR 1000 . 3 . In order to prevent degradation of the F Street road edge at the access drive, the Operator will install a paved apron into the site from F Street at least 50 feet in length with 50 foot radius returns. 94M 133 Road Maintenance and Improvements Agreement Page 2 4 . The County will, to the best of its ability within the restrictions of the law, require future gravel operators that use the haul routes described in Paragraph 1 above, to participate in Road Maintenance and Improvements Agreements as outlined herein. 5 . The Operator and present and future gravel operators are required to share in reasonable future maintenance and improvements when such maintenance is related to their hauling impacts. 6 . Upon notification by the County, all gravel operators and the County will examine the roads and determine a plan for the maintenance and improvements that are required. The County will have the final determination as to what maintenance and improvements are required based on input from gravel operators using the road. 7 . Upon determining what maintenance and improvements are required, a separate agreement shall be drawn detailing the work to be done and the costs to be shared. 8 . When requested by the County, the Operator shall provide information as to the amount of materials in tons, removed fron 1l� the pit over a specified period of time. - County ► .lic Wor s, _ art - - x - 11 provi ormation c he amou o mate ' . ls in tons t has ha .n th- ro. : - ' ques ' .ns. County - 'all es 'mate • - amoun o • .n-gave ma _ 'als, ons s '-.red ov- e r._ . 'n . m __ : i.n its .-en .. .,, ,, - 11 parties to this agreement shall review and agree on this information. When combined with information provided by other operators (as set forth in Paragraph five (5 ) ) and the County, the proportionate amount of materials removed by each operator will be used to determine each operator's share in maintenance and improvements. No costs for maintenance and improvements associated with traffic not generated by the gravel operators will be assessed to the gravel operators. 9. It is anticipated that the Operator and future or present gravel operators will perform the work and share in the equipment, labor, and materials required. Any sharing done between the gravel operators shall be by separate agreements. 10 . 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, or rights in favor of any third parties with respect to any obligation created by this Agreement. 930133 Road Maintenance and Improvements Agreement Page 3 11 . If the Operator does not participate as outlined in this Agreement, it will constitute a revocation the conditions of USR 1000 and shall subject the Operator to revocation of said USR. 12 . This Agreement is not assignable by Weld County to any other entity and will be null and void for those sections of F Street listed in Paragraph 1 which become annexed to the City of Greeley. This Agreement may be assigned by Operator only upon the written consent of County. 13 . To mitigate impacts created by heavy truck traffic on bicycle users of "F" Street, the Operator shall install a sign on the northbound side of its access road advising truck drivers that bicycles may be present on "F" Street. The County shall install, at the Operator' s expense, a sign on "F" Street warning of trucks entering the street. 14 . The County shall install, at the Operator's expense, signs on "F" Street and 35th Avenue warning drivers of the presence of pedestrians. 930133 Road Maintenance and Improvements Agreement Page 4 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and year first-above written.firATTEST: it&PLaZfc,:yz BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD 55,NTY, COLORADO By: Eracda .teve— Constance L. Harbert, Chair By: S1^- 1.— Lill) 12 b N/0493 Deputy Clerk to the Board BESTW��,}��PAVING 1 By: ii//lf1f(�7� ` 1 / e C rl Hill, Jr. Bestway Paving STATE OF COLORADO ) COUNTY OF Lola// ) The foregoing instrument was acknowledged before a by Carl Hill Jr. this / ,2 day of /-7,,-. / , 1993. N6tary ublic My Commission ExpiresJuiy24, 1998 My commission expires: 930933 92-215 - TTUTTLE APPLEGATE, INC. APR 151993 Consultants for Land and Resource Development WELD COUNTY April 8, 1993 ATTORNEY'S OFFICE Mr. Lee Morison Weld County Attorney 915 — 10th Street Greeley, CO 80632 RE: Road Improvement Agreement for Westmoor Resources, USR 1, 000 Dear Lee: With this letter you will find two signed and notarized copies of a Road Maintenance and Improvements Agreement between Bestway Paving and Weld County. This agreement reads very similar to the agreement between the County and Western Mobile, C & M Companies, and Idaho Creek Resource in southwestern Weld County. I merely changed some of the street names and dates. Also, please note numbers 13 and 14 which are unique to this agreement. These two numbers hopefully respond to the County Commissioners concerns about safety for bike users and pedestrians along F Street and 35th Avenue. We are very interested in keeping this process moving along so we can get this agreement signed and get our plat filed. We would appreciate if the County Commissioners would consider this agreement at their April 14 or their April 19 meeting. Please advise me on the date you can get it scheduled. Cordially, TUTTLE /APPLEGATE, INC.Lie4Gary Tuttle GJT/sjr Encs. cc: File #92-215 Drew Sheltinga, Weld County Engineer w/encl. Keith Schuett, Weld County Planning Department w/encl. 11990 Grant Street, #410 Telephone: ( 303 ) 452-6611 Denver, Colorado 80233 Facsimile: ( 303 ) 452-: 930333 Hello