HomeMy WebLinkAbout940654.tiff RESOLUTION
RE: APPROVE LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND
AUTHORIZE CHAIRMAN TO SIGN - COOLEY GRAVEL COMPANY
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 Long Term Road Maintenance and
Improvements Agreement between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Cooley Gravel
Company of Lakewood, Colorado, 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 Long Term Road Maintenance and Improvements Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Cooley Gravel Company of Lakewood, 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 13th day of July, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: al/Let
1/ WELD COUNTY, COLORADO
Weld County Clerk to the Board ILJ$ ttWri
!J� W. H. Webster, Chairman
BY: 4,...,4:,,� `i yl,[ �'�/!, EXCUSED
Deputy Clerk to the Board Dale K. Hall, Pr-Tem
(C
APPROVED AS TO FORM: Cr, --74
/George' E. Baxter
EXCUSED
C unty tt may Con tance L. Harbert
N... er
Barbara J. Kirkme er
PL0801
940654
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AKe39A610
LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
WELD COUNTY, COLORADO AND COOLEY GRAVEL COMPANY
THIS AGREEMENT, made and entered into this /lo day of u d<— , 19 9/
by and between the County of Weld, State of Colorado, hereinafter called "County" and
Cooley Gravel Company of Lakewood, Colorado, hereinafter called "Cooley",
WHEREAS, Cooley and other gravel operators have acquired land use permits from the
County for gravel mining and plant operations in the area of Rinn, Colorado, and
WHEREAS, it is anticipated there will be additional land use permits granted by the
County in the future, and
WHEREAS, gravel mining and plant operations are anticipated to continue in the area of
Rinn, Colorado, well into the future, and
WHEREAS, the County roads in the area of Rinn, Colorado, will be impacted by heavy
truck traffic generated from gravel mining and plant operations, 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 Cooley agree it would be advantageous to set forth an
agreement that would provide a basis for future Road Maintenance and Improvements
Agreements.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter
set forth, the County and Cooley mutually agree as follows:
1. The County roads considered in this agreement are haul routes that were established by
land use permits previously granted by the County and are as follows: Weld County road
7 between Colorado State Highway 119 and Colorado State Highway 52; Weld County
Road 20.5 between Weld County Road 7 and the entrance to Cooley's gravel mine, which
is a distance of approximately 3000 feet; Weld County road 18 between Weld County
Roads 7 and 5; and Weld County Road 5 between Weld County Road 18 to County Road
7.
2. Cooley is restricted to hauling on the County roads identified in Paragraph 1 above.
B 1451 REC 02398610 07/21/94 12 : 26 $0 .00 1/002 940654
F 1927 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
3. 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.
4. Cooley or future gravel operators are required to share in reasonable future
maintenance and improvements when such maintenance is related to their hauling impacts.
5. 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.
5. Upon determining what maintenance and improvements are required, a separate
agreement shall be drawn detailing the work to be done and how the costs are to be
shared.
7. It is anticipated Cooley or future gravel operators will perform the work and share in
the equipment, labor, and materials required. Any sharing done between the gravel
operators shall be in separate agreements.
8. If Weld County does not require a future gravel operator to share a reasonable portion
of maintenance and improvements, the County will be responsible for that portion.
9. If a gravel operator does not participate as outlined in this Agreement, it will constitute
a violation of the operator's land use permits granted by the County, the County will take
remedial measures, within a reasonable amount of time, against an operator that does not
participate.
IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day
and year first-above written.
COOLEY GRAVEL COMPANY
By: E-. t J
Title: //X6'..,) /1-4/" }'
A ES D _. BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld C'punty perk, e Board
Byiel By: 24,
Deputy lerk he Boar W. H: (Bi1 ) Webster, Chairman
B 1451 REC 02398610 07/21/94 12 : 26 $0 . 00 2/002
F 1928 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940654
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