HomeMy WebLinkAbout910169.tiff AR23a9fl35
RESOLUTION
RE: APPROVE AGREEMENT REGARDING COLLATERAL FOR CLOSURE AND IMPROVEMENTS BETWEEN XTRA
o U CORPORATION AND WELD COUNTY AND AUTHORIZE CHAIRMAN TO SIGN
0
O
U WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant
A to Colorado statute and the Weld County Home Rule Charter, is vested with the
O rj authority of administering the affairs of Weld County, Colorado, and
o3
o a4
qWHEREAS, the Board has been presented with Xtra Corporation commencing March 13,
a 1991, and ending upon completion of improvements with the further terms and
u conditions being as stated in said Agreement, and
w
Mx
N
xWHEREAS, after review, the Board deems it advisable to approve said Agreement,
a a copy of which is attached hereto and incorporated herein by reference.
w
Na
rnU
Lr) z NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
o H County, Colorado, that the Agreement regarding Collateral for Closure and
NImprovements hereby is, approved.
H �
a
w
in W BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
co k' authorized to sign said Agreement.
oz
M
N
o „ The above and foregoing Resolution was, on motion duly made and seconded,
W C4 adopted by the following vote on the 13th day of March, A.D. , 1991.
a
� M
Lt1 M BOARD OF COUNTY COMMISSIONERS
r-I ATTEST• ., y/�� / WELD COUNTY C LORADO
W W
Weld Cougty� ler to d
Gordo ci rman
Deputy Clerk to the Board_ 42.72..ccieKenneta....ey, Pro-ft ��-G CCCIII
APPROVED TO FORM:
Constance L. Harbert
County Attorney C. W. Kirby
aft4 iteLd
W. H. Webster
910169
PO O4
03 o AGREEMENT REGARDING COLLATERAL FOR CLOSURE AND IMPROVEMENTS
o XTRA LANDFILL
N THIS AGREEMENT, made and entered into this / - day ofu�L✓
a al, by and between the County of Weld, State of Colorado, acting through its Board of
0 3 County Commissioners, hereinafter called "bounty", and XTRA Corporation, known as
x "XTRA" as "Applicant".
o
40- w
O
x
w WITNESSETH:
Ma
N w WHEREAS, XTRA is required to meet closure requirements for the XTRA landfill
property in the County of Weld, Colorado, which is the subject of Use By Special Review
w Permit #779, and
� a
m U
z WHEREAS, XTRA is required to provide Weld County the financial guarantees as
w are required as part of the Use By Special Review Permit and Certificate of Designation
� to be issued to XTRA Corporation, and
z
w
m w WHEREAS, a Use by Special Review Permit plan map ('Plan Map") of said property,
co w to be known as the XTRA Landfill has been submitted to the County for approval; and
oz
a
N WHEREAS, the Weld County Regulations provide that no Plan Map shall be
�• approved by the County until the Applicant has submitted a plan for guaranteeing the
aconstruction of the closure improvements shown on the Plan Map and supporting
documents of the Certificate of Designation (CD), which improvements are listed in Exhibit
M "A" of this Agreement.
M (�
r-I N
PI w NOW THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance
and approval of said Plan Map, the parties hereto promise, covenant and agree as
follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all
engineering services in connection with the design and construction of the
improvements in accordance with the Use By Special Review Permit #779
and listed on Exhibit "A" which is attached hereto and made a part hereof
by this reference.
1.1 The required engineering services shall be performed by a
Professional Engineer and Land Surveyor registered in the
State of Colorado, and shall conform to the standards and
criteria established by the Use By Special Review Permit
#779 and Plan Map.
91olb9
1.2 The required engineering services include the submission of
necessary documents to the County that the improvements
have been completed in accordance with the requirements
of the Plan Map and Use by Special Review Permit.
2.0 Construction: Applicant shall furnish and install, at its own expense, the closure
improvements listed on Exhibit "A" which is attached hereto and made a part
hereof.
2.1 Said construction shall be in strict conformance to the plans and
o drawings approved by the County and the specifications adopted by
o the County for the XTRA Landfill.
m O
2.2 Said closure improvement shall be completed, according to
a the terms of this Agreement, within the construction schedule
o al appearing in Exhibit "A". The Board of County
o x Commissioners, at its option, may grant an extension of time
in- of completion shown in Exhibit "A" upon application by the
o Applicant subject to the terms of Section 6 herein.
U
M a 3.0 Release of Liability: Applicant shall indemnify and hold harmless the County from
N w any and all liability loss and damage County may suffer as a result of all suits,
z actions or claims of every nature and description caused by, arising from, or on
account of said design and construction of improvements, and pay any and all
c_) judgments rendered against the County on account of any such suit, action or
z claim, together with all reasonable expenses and attorney fees incurred by County
H in defending such suit, action or claim whether the liability, loss or damage is
El caused by, or arises out of the negligence of County or its officers, agents,
w employees or otherwise except for the liability, loss, or damage arising from the
M w intentional torts or the gross negligence of the County of its employees while acting
00 w within the scope of their employment. All contractors and other employees
m
en z engaged in construction of the improvements shall maintain adequate workman's
N compensation insurance and public liability insurance coverage, and shall operate
r in strict accordance with the laws and regulations of the State of Colorado
agoverning occupational safety and health.
� tr)
� M
4.0 Release of Collateral: Upon completion of the construction of closure
w improvements of a cell, phase or final closure, and when the escrowed funds have
reached $70,000, and the filing of a Statement of Substantial Compliance signed
by the Registered Professional Engineer, operator may request in writing that the
2
q1a «9
County Engineer and the State and County Health Departments inspect the landfill
o U and recommend that the Board of County Commissioners release the applicable
portion of the guarantee to the Applicant. If the County and State staff find that
o the closure has been completed according to County and State standards, they
Q shall recommend acceptance of the closure and release of the guarantee posted
o w by the Applicant. Upon receipt of a recommendation from the County Engineer
O 3 and State and County Health Departments for acceptance of the closure
o x construction, the Board of County Commissioners shall release the applicable
"' a guarantee. No funds shall be released until the amount of $70,000 has been
[�]] deposited in the escrow.
m R
N
ac 5.0 General Requirements for Collateral:
a
w
• U 5.1 The value of all collateral submitted to Weld County must be
Ln z equivalent to 100% of the value of the closure improvements
CD w as shown in this Agreement. Prior to Plan Map recording,
HI � XTRA shall indicate which of the four types of collateral they
w prefer to be utilized to secure the improvement subject to final
M w approval by the Board of County Commissioners and the
w execution of this Agreement. Acceptable collateral shall be
m z submitted prior to the recording of the Plan Map. The
N improvement shall be completed within six (6) months after
a the phase or cell is complete, unless the Board of County
a Commissioners grants an extension of time for completion
upon written request of the applicant filed at least thirty (30)
r.
VI m days prior to the expiration date of the six months and further
providing that cost estimates for the remaining improvements
w w are updated and collateral is provided in the amount of 100%
of the value of the improvements remaining to be completed.
If improvements are not completed and the time is not
extended within the proper time frames, the County, at its
discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are
made.
5.2 XTRA may choose to provide for phased closure improvements by means
of designating cells and phases. XTRA would need only to provide
collateral for the improvements in each cell or phase as developed. The
County will place restrictions on those portions of the property that are not
covered by collateral which will prohibit the development of a cell or phase.
5.3 The applicant intends to develop in accordance with Exhibit "A".
3
g / Of (aq
co O
oU
O
Lin O
U
0 6.0 Collateral Agreement: This agreement is intended to comply, at a
o minimum, with the financial assurance provision of proposed Section
o• 258.32, Title 40, Code of Federal Regulations.
C4
69- w
a 6.1 Funds shall be held in escrow initially by First Bank, South
wLongmont, Colorado. No funds shall be released, disbursed, or
m z transferred by the Bank from the escrow account without the express
N w written approval of the Board by means of a certified copy of a
x resolution of the Board.
x
w
o 6.2 Funding of Escrow: Operator shall provide to the Board a letter from
Z 1st Bank South, Longmont, Colorado, stating that a deposit of
H $26,500, has been placed in escrow prior to recording the Certificate
N of Designation. During the term of the trust, the operator shall
x collect and deposit in the escrow, on a quarterly basis, an amount
w
t w equal to $.25 per cubic yard of solid waste received at the disposal
03 w site during such quarter. This rate shall be maintained at such
o z amount until the fund created reaches the sum of $70,000.
N a Operator's obligation to pay the quarterly gate payment shall cease
r when the Trust has a corpus of $70,000.
U f�
W F£5
a 6.3 Income Retained: All income earned in the escrow account shall be
N M retained by the escrow account and added to the escrowed funds.
M f�
ri el
f17 W
6.4 Substitute Financial Assurance. Operator may at any time provide
alternate financial assurance concerning the Disposal Site as
specified in proposed Part 258 as finally adopted or as may be
acceptable to the Board. Such alternate financial assurance must be
reviewed and approved by the County Attorney as it its adequacy
and dependability in comparison to the then existing financial
assurance. The escrow will terminate upon provision to and
acceptance by the Board of such alternate financial assurance, and
all funds then held in escrow shall be distributed to Operator upon
the direction of the Board. No existing form of financial assurance
shall be terminated or cancelled unless and until an alternate
financial assurance has been received and accepted by the Board.
4
qr D / 9
co O
o U
0
• o
U
Q 7.0 Limited Rights of Operator to Escrow Funds; Bankruptcy.
a
oz
03
• 7.1 The escrowed funds described in this Agreement is being provided in
o
w w conformance with the County's Certificate of Designation requirements as
oto an operator's obligation to provide financial assurances for Solid Waste
Disposal Sites and Facilities and is intended to assure performance of the
en `� Operator's regulatory duties as to closure and post-closure activity at the
n Disposal Site and to protect the public trust. As such, Operator retains no
more rights to the escrowed funds than has been specified by the proposed
w Part 258, and as reflected in this Agreement.
N a
rn U Ln Z 7.2 In the event of bankruptcy, the Operator warrants that the escrowed funds
w shall never be considered or claimed by the Operator as being property of
any bankruptcy estate under 11 U.S.C. Section 541. Further, the Operator
x agrees that the escrowed funds shall not be the subject of any attachment,
m
w lien, levy, execution, garnishment, or assignment by, for, or on behalf of any
• w creditor of the Operator.
rn
oz
N 4 7.3 In the event of, and during the pendency of, bankruptcy, the Operator
agrees that the Board shall have fully performed its obligations under this
z
a KC Agreement and shall no longer be obligated under any provision of this
Agreement to authorize the release of any escrowed monies to Operator.
Ln co Therefore, .Operator agrees that this Agreement shall not be considered or
claimed to be an executory contract under 11 U.S.C. Section 365 and will
itself assert no rights or claims against the escrowed funds contrary to this
Agreement.
7.4 The Operator shall notify the Board of the commencement of a voluntary or
involuntary proceeding in bankruptcy, wherein the Operator is named as
debtor, within ten (10) days after commencement of the proceeding.
8.0 Successors and Assigns: This agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of XTRA, and upon
recording by the County, shall be deemed a covenant running with the land herein
described and shall be binding upon the successors in ownership of said land.
5
gip / cc/3
IN WITNESS WHEREOF., the parties hereto have caused this Agreement to be
o executed on the day and year first above written.
oU
0
h 0
• BOARD OF COUNTY COMMISSIONERS
A WELD COUNTY, COLORADO
:4. X
as
a P4
CTI
U V
m a
N
W
N
� x
x
N a a241
Cl U
0 H ATTEST: ��
� w
H 0 Weld County Clerk.to the Boa d by the Deputy Clerk to the Board
w
c`:-; 2 By: 4 .4./.1,
w Deputy lark to,the Board
0 2
n Z
N a APPROVED TO FORM:
o
U a C
'114 g —
County Attorney
!1 M
M l�
raw O XTRA Corporation
By: f/�-..4.• •
(title)
Subscribed and sworn to before me this /374ay of Wa.t.Cd. , 1991 by
as of XTRA Corporation.
My Commission Expires January 10,"1995
My commision expires:
(SylPfa
// N• a Public
•r
•
O O V' d' 0 0 1-. 1 O O HI Cl N
O11110HI OU) C0 C9 0 I �P O1 I`
+1 HIN10O - HNHU) .-. ' HINU) CO H
HI • a) N N.01 0• Ol' N N H O 0 I�-N O'01 N a.in N co 01 10 d' 1l CO 01 V' N 1-I CO '01 V' H N
o ro ro a
0 co N V' VD 0 CONC.-- C1 0 C0NON U1
0 -HI H, N HI H N HI H H HI N
0 1-) t/f N 1l fR CA 11 CA t/f <h
U1 U1 U)
o V N v
a
� . M H 10
a0 O 1n in N N I` O I-- N N N N
4-, CO 10 10 C1 10 10 CO 10 l0
U E
O W C v H H V' H H HI H H
oW Z O m m a,
03 w
o a O •
d, o a
a
a H
O H
U p
W
CI C4 < O O O O O O
N -P O O O O O O
W CO to
N a O O O A° O O A° O O ao ao
H '�i U O U) Lf) O U1 U) O U) U1 M
N i-7 0 •.♦ H H H H H H
rn U U a C H H H
0 C./I- yr yr
O H a0 W <
HI W0
❑ E
HI CO Hi CO 7 1 H
H
� 0 x > U U
W W CI X
CO1 W 04 E W
M4
.•a77 x Sa H� d' v N N I- M a1 01
N Z O ro OT GI 0\ 010•
U O Hi 01 a1 ri 0) O Hi Ct 01
co N H-I H H HI H H H H H
W `C4 z U U U
a p C C C
i` o Pi ••-i •HI -HI
1^ d' < w w w a
w
o H. 0 , -
HI H 0 1 . 01
1Z4 •O
1l N Ul •P N, N Ul 1P N0\
01 W •O 11 0 N 11 • 1 +1 0 Ul 11 . •O O 0 Ul 1l W H
E al 0 4 Om a) in 4 O in 0 U 4 O N E
Z Ul O U 00 MOO 00 Ul U 0 O re4 C
w O U ro U 0 U ro U O al it U x •HI
Z a J-1 C LL +l C 04 34 4.) C H
w VI (IN VI 0 Nat t` NO a1 N7rNO a) EN
w •HI 4 l0 0 •H 4 •H I C I 4 10 O •.-I4 N I C •HI l0 O •HI C 4 CO 4 a Ll 0 . 0 1l 0 0 00 • U 1l 0 O W CO • C) 1l O O W ro
Ul H ro •HI U) U) H al•Hi Ul w' H H af •-9--II U) H
C7
0 w00 0 0 1P 1l 0 O WO 01.1P 4-1 0 IX 0 U 0 11 J-1 O E HI
Z Ul H - Pa) iU Hi, 3 CO HI X 4 0 IO H x Ul •• 4 0 ro HI CO O
C! W U aa, ca a)it U E W U On) N N SS U E W 001 O U) N W U O 'O
a 00010 > 0Hi a caomo > oHi 14 0400. > o,HI 1l
I-] r4 C' r1 Ha1 U1 01 . 4 •' LL'' 3 H H0 Ul 01 . a. P: A N Hi 0'UI.01 W C
W O "H- 0•4 a1 .u •
W E `•' t 4 al -P , W H 0. 4 0 1l a N
U H 0 U H O- U .Hi' O D U)
ro HI J-1 ro Hi .F1 ro H J-3 cn -a1
11 H - A • +1 Hi A • 1-I Hi A O 4
H O0 0 H O0 0 H 0 0 4p.
E U CO E U U) E i U u) U ---
w w W
E
a a a a,
Hello