HomeMy WebLinkAbout911540.tiff AR23fl9797 RESOLUTION
r O RE: APPROVE ROAD MAINTENANCE AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN -
o U ENVIRONMENTAL RECYCLING AND DISPOSAL, INC.
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0 WHEREAS, the Board of County Commissioners of Weld County, Colorado,
o W pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
0 3 with the authority of administering the affairs of Weld County, Colorado, and
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A WHEREAS, the Board has been presented with a Road Maintenance Agreement
a with Environmental Recycling and Disposal, Inc. , with the further terms and
Uconditions being as stated in said agreement, and
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V WHEREAS, after review, the Board deems it advisable to approve said
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Q � agreement, a copy of which is attached hereto and incorporated herein by
a reference.
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rn U NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
� z County, Colorado, that the Road Maintenance Agreement with Environmental
o H Recycling and Disposal, Inc. be, and hereby is, approved.
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'' a BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
W authorized to sign said agreement.
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r- Ga The above and foregoing Resolution was, on motion duly made and seconded,
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z adopted by the follo ing ote on the 30th day of December, A.D. , 1991.
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o 11 aAe BOARD OF COUNTY COMMISSIONERS
W a ATTEST: WELD COUN Y LO ADO
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r M Weld County Clerk^to the Board
,n N a Gord n a , irman
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H H m al k 71 � �) �% e
+ BY: -- rB f / x _ '
Deputy .C eta; 0 he Board George Kenned , Pro-Tem
Skv.; c---
APPROVED ASS EXCUSED
i,�'.. Constance L. Harbert
_ _��� -
- ifef de: ti.�,
County Attorney C. W. Kirby
W. H. Webster
911540
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ROAD MAINTENANCE AGREEMENT
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N O THIS ROAD MAINTENANCE AGREEMENT is by and between
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A ENVIRONMENTAL RECYCLING AND DISPOSAL, INC. , a Colorado Corporation,
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o (Operator) , and the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
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"¢2 COLORADO, (Board) .
0 WITNESSETH THAT:
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WHEREAS, Operator has been granted by the Board a Certificate
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o a of Designation (CD) and a Site Specific Development Plan and a Use
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rncai by Special Review permit (USR 925) authorizing Operator to open and
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w operate a Solid Waste Disposal Site and Facility (Facility) locate
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a in Weld County, Colorado, and described in Exhibit A attached
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• w hereto subject to certain conditions and standards of operation;
CD z and,
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o WHEREAS, as a Condition of Approval of facility, Condition
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3 .C. & I . of USR 925, Board is requiring Operator to enter into a
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`n `V Road Improvements and Maintenance Agreement as is necessitated y
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• w traffic study of the area around the facility,
WHEREAS, based upon current traffic estimates and estimates of
costs to maintain WCR 5 for the two (2) miles north of State
Highway 7 , the parties have agreed to an annual contribution by
Operator towards maintenance of WCR 5,
NOW, THEREFORE, in satisfaction of the requirements of USR
925, it is agreed by and between the parties as follows :
Page 1 of 6 Pages
911540
0 O 1 . Operator agrees to pay the sum of $12,500/year in 1992
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; o towards maintenance of WCR 5 . The annual payments shall become due
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q on or before October 1, 1992 , and on the same date in each
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0 3 succeeding year. The payment shall be adjusted in each succeeding
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`9- q year for inflation according to changes in the Producer Price Index
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for Total Finished Goods published by the Bureau of Labor
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^ Statistics of the United States Department of Labor.
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o � 2 . Should the volume of truck traffic using WCR 5 to access
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m v the facility exceed an average daily count of 200 trucks per day,
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o H the applicant will pay an additional $5,500 per year in 1992
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a dollars as adjusted as set forth in paragraph 1 herein.
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m w 3 . Financial assurance for this Agreement shall be provided
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by payment by Operator of $12 ,500 on or before January 22, 1992,
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o which shall constitute payment for the last year of operation.
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C.) C4
a 4 . Weld County agrees to place the funds generated pursuant
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▪ N to this Agreement in a restricted account within the Road & Bridge
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ca w fund which account shall be used only for maintenance of WCR 5
between State Highway 7 north for a distance of two (2) miles .
Maintenance activities shall be performed at the sole discretion of
the Board and may include, chip and seal, patching, crack filling,
and overlay activities and may be performed pursuant to contract
with private or public entities or by employees of the Board as
directed by the Board.
5 . Board agrees to provide an annual accounting of the use
of said funds to Operator and to the public.
Page 2 of 6 Pages
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6 . Successors and Assigns . All covenants and agreements
0 o contained in this Agreement by or on behalf of any of the parties
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hereto will bind and inure to the benefit of the respective
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o w successors and assigns of the parties hereto whether so expresse
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o a or not. Upon transfer of the Facility by Operator following
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approval of such transfer by Board, Operator shall be released from
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co a any further liability hereunder and the transferee shall be
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substituted as Operator.
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w 7 . Severability. Whenever possible, each provision of this
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Z Agreement will be interpreted in such manner as to be effective and
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H valid under applicable law, but if any provision of this Agreement
is held to be prohibited by, or invalid under, applicable law, such
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w provision will be ineffective only to the extent it is prohibited
N1 < or invalid and the remaining provisions of this Agreement shall
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w � remain in full force and effect.
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r 1/4o 8 . Descriptive Headings . The descriptive headings of this
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� Agreement are inserted for convenience only and do not constitute
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a part of this Agreement.
9 . Governing Law. All questions concerning the
construction, validity and interpretation of this Agreement, and
the Trust Agreement, will be governed by the statutes, rules and
regulations of the United States specifically applicable and the
internal laws of the State of Colorado.
10 . Entire Agreement; Amendments . This Agreement constitutes
the entire Agreement of the parties hereto. No change, alteration,
Page 3 of 6 Pages
amendment, modification or waiver of any term or provision hereof
c No shall be valid unless the same is set forth in writing and signed
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00 by the parties .
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A 11 . No Waiver. No portion of this Agreement shall be deemed
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to constitute a waiver of any immunities the parties or their
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q officers or employees may possess, nor shall any provision of this
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wAgreement be construed to create any duty, standard of care or
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^ rights in favor of any third parties with respect to any obligation
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o a created by this Agreement.
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rn 12 . The parties recognize that Weld County Road 5 may be
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o H annexed into a municipality. Notwithstanding any provision to the
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a contrary in paragraph 6 , it is the intent of the parties that this
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rn w Agreement remain in effect between the original parties provided
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o z that Weld County continues to have some responsibilities for
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o r maintenance either for services or financial contribution, by means
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a g of an Intergovernmental Agreement with the annexing municipality.
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� N The Agreement may be assigned and delegated to the
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A w annexing municipality upon the express written consent of the
parties and the annexing municipality.
13 . Notices . 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
Page 4 of 6 Pages
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° v the recipient. Such notices, demands and other communications
as shall be sent to each party at the addresses indicated below:
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o a If to Operator:
ar cal
x Environmental Recycling & Disposal, Inc.
o o c/o Mid-American Waste Systems, Inc.
1006 Walnut Street
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Canal Winchester, Ohio 43110
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x If to the Board:
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Board of County Commissioners of Weld County
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H P . O. Box 758
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W Greeley, Colorado 80632
W or to such other address or to the attention of such other person
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r w as the recipient party has specified by prior written notice to the
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N � sending party.
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IN WITNESS WHEREOF, Operator and the Board have executed this
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Agreement as of the date and year first written above.
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`V ENVIRONMENTAL RECYCLING AND
DISP L, I a Colorado
XI 44
ATTEST: borpor do
By --
By !
Secretary Vicf 'Pres • e t
STATE OF COLORADO )
)ss
COUNTY OF WELD )
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Subscribed and sworn to before me this SO day of December,
1'891, by R • t2ne,,ePTS
as President and
.Envi`ronmental Recycling and Disposal, Inc. , a Colorado corporation.
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sT • U r ;: r ;r Notary flub c
rE OF ,r
t7 My commission expires : My Commission Expires January 10,1995
Page 5 of 6 Pages
O1 -4" 1-
BOARD OF COUNTY COMMISSIONERS
, ,! ?` OF WELD COUNTY, COLORADO
ATTE . >?
C erk to a Board Ch 12/30/91
STATE OF COLORADO )
)ss
COUNTY OF WELD )
Subscribed and sworn to before me this 30th day of December,
1991, by Gordon E. Lacv as Chairman of County
Cgminissioners of Weld County, Colorado.
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, My commission expires : MYCommissicn r all/1(0995A l '
APPROV S TO RM: n
4/..1-11_, 1, �
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Le MCrison rthur P. Roy
As istant Weld County Attorney Attorney for nvironmental
Recycling and Dis osal, Inc.
B 1357 REC 02309797 11/05/92 09 :58 $0 . 00 7/007
F 1529 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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Page 6 of 6 Pages
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