HomeMy WebLinkAbout930714.tiff RESOLUTION
RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT WITH BUCKLEN
EQUIPMENT 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 May 26, 1993, the Board approved Special
Review Permit #1001 for Bucklen Equipment Company, 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 Bucklen
Equipment Company and County of Weld, State of 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 Bucklen Equipment Company and County of Weld, State of 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 2nd day of August, A.D. , 1993.
kAv A BOARD OF COUNTY COMMISSIONERS
ATTEST: 4144 / vi„,, WEL COUNTY, COLORADO
Weld County Clerk to the Board P7 Ste_.)
u'7 Constance/ L. Harbert, Chairman
BY: silo / e7 �c ��� q / i� � Y/I t�72AVt27-17.
Deputy Cle k to the Boaj W. H. eb ter, Pro- em
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APPROVED AS TO FORM: e
eBaxt
CI
- ty Attorney -2--Bale K. Hall
Barbara Kirk a er
PL0909
930714
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F 1018 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
nct
THIS AGREEMENT, made and entered into this e4 — day of
1993, by and between the County of Weld, State of Colorado, Ereinafter
called "County" and Bucklen Equipment Company, 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 25th Avenue, 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 this area well into the future, and
WHEREAS, the County roads in the area of 25th Avenue 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 roads considered in this Agreement are as follows:
a. 25th Avenue from the entrance of the Operator north to the
intersection of 0 Street.
b. 25th Avenue from the entrance of the Operator south to the
intersection of F Street.
c. F Street from the intersection of 25th Avenue west to 35th
Avenue.
2 . The Operator may use F Street, 0 Street and 25th Avenue as regular
haul routes. The Operator will not use C Street as a haul route
except for local deliveries.
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F 1019 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Road Maintenance and Improvements Agreement
Page 2
3. In order to prevent degradation of the 25th Avenue road edge at the
access drives, the Operator will maintain a paved apron into the
site from 25th Avenue at least 50 feet in length with 50 foot
radius returns.
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 from
the pit over a specified period of time. The County Public Works
Department shall provide information on the amount of materials, in
tons, it has hauled on the roads in questions. The County shall
estimate the amount of non-gravel materials, in tons, shipped over
the road in question for the same period of time. All 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 . The burden on currently permitted gravel operations will not be
increased as a result of future gravel operations.
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F 1020 MARY ANN FEUERSTEIN CLERK & RECORDER WELD Cg:mg
Road Maintenance and Improvements Agreement
Page 3
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, or rights in favor of any third
parties with respect to any obligation created by this Agreement.
12 . If the Operator does not participate as outlined in this Agreement,
it will constitute a violation of the Operator's land use permit
granted by the County. The County shall have the right to take
remedial measures, within a reasonable amount of time, against the
Operator for non-participation.
13. This Agreement is not assignable by Weld County to any other entity
and will be null and void for those sections of roads listed in
Paragraph 1 which become annexed to the City of Greeley.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement
the day and year first-above written.
BUCKLEN EQUIPMENT CO ANY BOARD OF COUNTY COMMISSIONERS
WELD COUNT COLORADO /
By !"1�✓4 j
ichard F. Buckle
n By: 4?-2262;;01_, �:s /.,
Bucklen Equipment Company 08/0'{/93
ATTEST: I ► __/W
Weld County Cle
Mt+ard
jf 3 t ' By:
.� Deputy erk to the Board
STATE OF COLORADO )
COUNTY OF we )
The foregoing instrument was acknowledged before me by Richard F.
Bucklen this J L day of <J v N E. 1992 . , /,,',
goe(-)C1-434.--/ otary Pubic
My commission expires: J /c� ) 11i"-
-3-
930711
mEmoRAnDum
WilkTo Clerk to the Board Dace July 28_ 1993
COLORADO From Drew Scheltinga. County Engineer
sobiectAgenda Item
Please add the following to the Board's agenda:
"Approval of a long-term road maintenance and improvements agreement
along 25th Avenue between Bucklen Equipment Company and Weld County"
Appropriate documentation is attached.
DS/pds:ctb17
Attachment
cc: Commissioner Baxter
File
Fj1 N.3" 9vt714
PLcw9
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