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AR2.31y11%
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
A}},,THIS AGREEMENT, made and entered into this day of
OLC-±D _ , 1992 , by and between the County of Weld,
State of Colorado, hereinafter called "County" and 83rd Joint
Venture, 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 F Street at
35th Avenue, 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 roads considered in this Agreement is F Street
from a point approximately 3,500 feet west of the
intersection of 35th Avenue east to 35th Avenue.
This County road is referred to hereinafter as "F
Street" .
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F 0687 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
PL0885
921072
PA.tYSS C!?: E6, I/- J V,
Road Maintenance and Improvements Agreement
Page 2
1 41
2 . The Operator may use F Street as haul routes to^its
gravel mining operations area as described in the plat
filed as required by USR #978 .
3 . In order to prevent degradation of the F Street road edge
at the access drives, the Operator will install a paved
apron into the site from F Street at least 35 feet in
length with 35 foot radius returns .
4 . The County will, to the best of its ability within the
restrictions of the law, require future gravel operators
who use the haul routes described in Paragraph 1 . , above,
to participate in Road Maintenance and Improvements
Agreements similar to this Agreement.
5 . The Operator and present and future gravel operators are
required to share in the cost of 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 Road and Bridge 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. When combined with information provided by other
operators (as set forth in Paragraph 5. ) , the
proportionate amount of materials removed by each
operator will be used to determine each operator' s share
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F 0688 MARY ANN FFUERSTEIN CLERK & RECORDER WELD CO, CO
921O72
Road Maintenance and Improvements Agreement
Page 3
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 for the
maintenance and improvements necessary for F Street. 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.
11 . If the Operator does not participate as outlined in this
Agreement, it will constitute a revocation the conditions
of USR #978, and shall subject Operator to revocation of
said USR.
12 . This Agreement is not assignable by 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.
IN WITNESS WHEREOF, the parties hereto have duly executed the
Agreement the day� and�� year�' first-above written.
ATTEST: '" f ,
it ei BOARD OF COUNTY COMMISSIONERS
�..j. k WELD COUNTY, COLORADO
Weld County tler to the Board
By: a%
George ennedy, Chairman
By: a1/4//93-
Deputy Cle to the Board
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F 0689 MARY ANN FE:UFRSTE:IN CLERE & RECORDER WELD CO, CO
3 072
Road Maintenance and Improvements Agreement
Page 4
83RD AVENUE JOINT yy VENTURE
By: r�l U'r MJ C['��
Carl Hill, Jr.
83rd Joint Venture
STATE OF COLORADO
COUNTY OF aigi-D
The foregoing instrument was acknowledge before me by Carl
Hill, Jr. this /,,27A/ day of `TZ€ , 1992 .
C—Z1 o
Notary c
4 lJ
My cofim ssion expires : h7ytoiwaion Expires alkali10,1995
s ,
Alterm.db
u OF CO
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F 0690 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO 4, CO 92 V s2
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TUTTLE APPLEGATE, INC.
Consultants for Land and Resource Development
T r n, my
October 26, 1992 �;t ; ;;
Shelley Miller 10 TIE
Clerk to the Board
Weld County Commissioners
915 10th Street
Greeley CO 80632
Dear Ms. Miller:
Last Thursday you send us a copy of the County Commissioners '
resolution on 83rd Joint Venture for our review. Based on our
memory and notes taken at the hearing, we do have several comments.
On the Resolution: It looks good.
On the Development Standards:
4 . As I mentioned on the phone, I believe you have an outdated
copy of the "Road Maintenance and Improvements Agreement" . I
am enclosing a current one from Bruce Barker with this letter.
In number 4 here we should lift paragraph 2 from the Agreement
which states:
" The operator may use F Street and 35th Avenue as haul routes
to its gravel mining operations area as described in the plat
filed as required by USR #978" .
9. At the hearing we confirmed that bottled water will serve the
employees.
12 . At the hearing I recall that the County Commissioners deleted
any requirement to screen the operation from the F Street side
and requested trees and shrubbery be installed on the berms
in addition to grasses ) adjacent to the homes on the east and
west ends of the property.
13. The operator of the facility shall comply with the approved
road maintenance agreement as presented by the County
Attorney' s Office less paragraph 1.b.
Thank you for the opportunity to review this resolution.
Cordially
TUTTLE APPLEGATE, INC.
1721.c _ it*
Gary h. Tuttle
Enc.
cc: File #92-106
Carl Hill, Best-Way Paving 106BCCres. ltr 92'1.072
11990 Grant Street, #410 Telephone: (303) 452-6611
Denver, Colorado 80233 Facsimile: (303) 452-2759
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