HomeMy WebLinkAbout931166.tiff RESOLUTION
RE: APPROVE ROAD MAINTENANCE AGREEMENT WITH NORTH AMERICAN RESOURCES 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 April 14, 1993, the Board approved Use by
Special Review #1002 for North American Resources Company for a natural gas
processing and compression facility located in the SEeSW**SW* of Section 11,
Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, in accordance with Condition of Approval #3 of said Resolution,
the Board has been presented with a Road Maintenance Agreement between the County
of Weld, State of Colorado, by and through its Board of County Commissioners, and
North American Resources Company, 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 Road Maintenance Agreement between the County of Weld,
State of Colorado, by and through its Board of County Commissioners, and North
American Resources Company 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 10th day of November, A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board ���J� ePrx L/ 6e��
J gConstance rbert, C airman
BY: VA/14_ /CM/ /1�JC,ev/.c I
Deputy C rk to the Board W. H. bster, Pro Teem
APP AS TO FORM /
eorge . Baxter
ou ortey " Dal . Hale
f/ tQi�lL d. '1 .t/4
Aarbara J. Kirkme er
931166
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4Rd.160335
ROAD MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this 4th day of November, 1993,by and between
the WELD COUNTY,COLORADO,a political subdivision of the State of Colorado acting by and
through the Board of County Commissioners of the County of Weld, c/o Weld County Centennial
Center, 915 10th Street, Greeley, CO 80631 ("the County"); and NORTH AMERICAN
RESOURCES COMPANY, a Montana corporation, 16 East Granite, Butte, MT 59701 ("Narco").
WHEREAS,Narco has applied to the County for a Use by Special Review Permit (USR: 1002,
as same may be amended) for a natural gas processing and compression facility located in the
SEV4SWV4SW'of Section 11,Township 2 North,Range 66 West,6th P.M.,Weld County,Colorado;
and
WHEREAS,when fractionation equipment is installed at the plant,the liquids separated by such
equipment will create increased truck traffic at the site as tank trucks enter the premises to pick up
separated liquids for delivery off of the premises; and
WHEREAS,Weld County Road 22 serving the property will not efficiently support the increased
truck traffic, and
WHEREAS, the County and Narco have reviewed proposed improvements to the existing
County roads and acknowledged they will repair any damage to WCR 22 in front of the entrances
to their facility and maintain such areas to the same condition as WCR 22 was in at May 1, 1993,
and ensure the accessibility and safety of the route to and from the natural gas liquids pick-up
facility at the plant.
NOW,THEREFORE,in consideration of the mutual covenants and conditions hereinafter set
forth, the County and NARC0 mutually agree as follows:
1. The designated area to be improved will be WCR 22 in front of the Narco facility (USR No.
1002, as same may be amended).
2. The improvements will consist of repairing, excavating potholes and distorted areas of
pavement, along with unsuitable subgrade materials, and repairing with four inches of hot
bituminous pavement and aggregate base as required to replace unsuitable subgrade.
3. Narco, at its option,may request that the County perform all repairs and maintenance which
Narco would be required to do, and Narco shall promptly reimburse the County, upon
presentation of an invoice, for all necessary repairs and maintenance performed on Narco's
behalf by the County. The charges for any such repairs and maintenance shall be calculated
based upon the actual cost to the County to perform such work.
4. If Narco elects to perform any required improvements, repairs or maintenance, then:
a. Narco will furnish the necessary base material, hot bituminous, equipment, and labor;
b. All construction and materials shall be in accordance with the State Department of
Highways, Division of Highways, State of Colorado, Standard Specifications for Road
and Bridge Construction 1991; and
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B 1412 REC 02360335 11/18/93 15 : 14 $0 .00 1/002
F 1559 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
P6 6)9o.s
c. The County will provide testing and inspection of the construction.
5. This Agreement shall become effective at the date upon which heavy truck traffic to and
from the facility exceeds three trucks per week, or upon completion and commencement of
operation of the fractionation equipment, whichever first occurs. This Agreement shall
terminate when the facility has been abandoned by Narco.
6. This Road Maintenance Agreement shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, this Road Maintenance Agreement is executed as of the date first
gl!ove set forth.
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₹ -ATTEST: NORTH RICAN COMPANY
•is <y
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e fit:';Ral h, ssistant Secretary mes J. Benner, Vice President
FLST: //
. /d <� BOARD OF COUNTY COMMISSIONERS
� WEL COUNTY, COLORADO
l 4 fl F V'ra, <L_„ b —cl-
1,j,u2j Clerk to the Board —. /I/,5i9.
STATE OF MONTANA )
) ss.
COUNTY OF SILVER BOW )
The foregoing instrument was acknowledged before me this-11t day of November, 1993, by
James•J I33ijhcr as Vice President and Rose M. Ralph as Assistant Secretary of North American
ResoucgS Company, a Montana corporation, on behalf of said corporation.
ii es my hand and official seal.
Ivty commission expires: 11 —Cm,) 'S
4•ot. `e -4 1Ci'14+ �l Notary Public
B 1412 REC 02360335 11/18/93 15 : 14 $0. 00 2/002
F 1560 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
9 74.40-66
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