HomeMy WebLinkAbout940236.tiff RESOLUTION
RE: APPROVE AMENDMENT TO ROAD MAINTENANCE AGREEMENT WITH ENVIRONMENTAL
RECYCLING AND DISPOSAL 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 July 22, 1991, the Board approved Special
Review Permit 11925 for an environmental recycling and solid waste disposal site
and facility in the A (Agricultural) Zone District for Environmental Recycling
and Disposal Company, c/o Ted Zigan, on property described as Wz, Section 28,
Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, Condition of Approval #3 of said Resolution required the applicant
to submit an off-site road maintenance and improvements agreement concerning Weld
County Road 5, and
WHEREAS, by Resolution dated December 30, 1991, the Board approved a Road
Maintenance Agreement with Environmental Recycling and Disposal, Inc. , and
WHEREAS, the Board has been presented with an Amendment to Road Maintenance
Agreement between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and Environmental Recycling and Disposal,
Inc. , with further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said
amendment, 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 Amendment to Road Maintenance Agreement between the
County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Environmental Recycling and Disposal, Inc. be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said amendment.
940236
Pty aAmm). En,; FI«,O
AMENDMENT TO ROAD MAINTENANCE AGREEMENT - ENVIRONMENTAL RECYCLING AND DISPOSAL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 7th day of March, A.D. , 1994.
iLoujoect4,4 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
/� W. H. Webster, Chairman
BY:4_,,ted /4--c
Deputy Cler to third Dale . Hall, Pro Tem
APPROVED AS TO FORM: L r ``
eorgeA. Baxter
unty Attorn y Constance L. Harbert
EXCUSED
Barbara J. Kirkmeyer
940236
AAdidUS?'9
AMENDMENT TO ROAD MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into by and between
Environmental Recycling & Disposal, Inc. , a Colorado corporation
("Operator") and Board of County Commissioners of Weld County,
Colorado ("Board") .
WITNESSETH THAT
WHEREAS, Operator was granted by the Board a Certificate of
Designation (CD) and a Site Specific Development Plan and a Use
by Special Review Permit (USR 925) authorizing Operator to open
and operate a solid waste disposal site and facility ("Facility")
located in Weld County, Colorado; and,
WHEREAS, as a condition of approval of Facility, Condition
3 .C. & I. of USR 925, Board required Operator to enter into a
Road Improvements and Maintenance Agreement for maintenance or
Weld County Road 5; and,
WHEREAS, Operator and Board entered into a Road Maintenance
Agreement for the maintenance of Weld County Road 5, on December
30, 1991, ("Agreement") ; and,
WHEREAS, Paragraph 10 of the Agreement permits amendment if
set forth in writing and signed by both parties; and,
WHEREAS, at Paragraph 1 of the Agreement, Operator agreed to
pay Twelve Thousand Five Hundred Dollars ($12,500. 00) per year
commencing on or before October 1, 1992, and on the same date
each year thereafter with adjustments for inflation based upon
the Producer of Price Index for total finished goods published by
the Bureau of Labor Statistics of the United States Department of
Labor; and,
WHEREAS, as of September 28, 1993 the Facility was not
opened and construction thereof was not commenced; and,
WHEREAS, The Facility will not impact Weld County Road 5;
until construction commences; and,
WHEREAS, Operator made the required payment for 1992 on or
before October 1, 1992 , and on September 28, 1993, requested that
the Agreement be amended to suspend the annual payment of Twelve
Thousand Five Hundred Dollars ($12,500. 00) per year to and until
the first October 1 following the opening of the Facility.
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F 1808 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940236
PL-JSLil
NOW, THEREFORE, for and in consideration of the foregoing,
and other good and valuable consideration, the receipt of which
is hereby acknowledged, the parties do hereby agree as follows:
1. AMENDMENT TO AGREEMENT. Paragraph 1 of the Agreement i
amended to read as follows:
Operator shall pay the sum of Twelve Thousand Five
Hundred Dollars ($12,500.00) on or before October 1,
1992, towards maintenance of Weld County Road 5. The
Operator shall pay the sum of Twelve Thousand Five
Hundred Dollars ($12, 500. 00) per annum adjusted for
inflation in accordance with the Producer Price Index
for Total Finished Goods published by the Department of
Labor and Statistics of the United States Department of
Labor with 1991 being the base year, commencing the
first October 1 following the initiation of the
installation of the liner of the Facility or the
commencement of construction of the recyling facility
which ever first occurs and continuing on October 1 of
each calendar year thereafter during the construction
and operation of the Facility.
2. EFFECTIVE DATE. This Amendment shall be effective
September 28, 1993 .
IN WITNESS WHEREOF, Operator and Board have executed this
Amendment on the date and year indicated.
ENVIRONMENTAL RECYCLING & DISPOSAL, INC.
a Col a r r tion �1
By Date_S 41
Vice r sident
ATTEST:,
Secre ar
' - BOARD OF COUNTY COMMISSIONERS OF
v WELD COUNTY, COLORADO
GGG By 9/9 Date O3/D9/9i/
C airman 03 0
ATTEST:_ . .::.; Protem
Clerk to tje Board
2
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F 1809 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO . CO
940236
STATE OF OHIO }
}ss
COUNTY OF FRANRL . } '
Subscribed and worn to pe ore Vie, th's VV day of
e/ L A 94, by A'azet2 . . -as U
Vice Pr ident of Environment ecycling & Disposal, Ihe‘O ;-
WITNESS my hand and official seal.
My commission expires: 97/- 95-
a 6
Notary Public
SH .,.ON V5 THERSPOON
N::Sary S'ubii Sisto of Cal,
My commission ep,res
STATE OF COLORADO }
}ss
COUNTY OF WELD }
Subscribed and sworn to before me this 7TH day of
MARCH , 1994, by DALE K. HALL, CHAIRMAN PRO-TEN, Board of County
Comm'ius6oners of Weld County, Colorado.
WLTE$5 my hand and official seal.
sMi ommission expires: --R--
..... c.6; otary Public
APPROy AS TO FORM:
=e ' • ris
Assi- cant i- d County Attorney
rthur P. Roy
Attorney for E ironmental
Recycling & Disposal, Inc.
3
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F 1810 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940236_
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
DEPARTMENT: County Attorney
DATE: January 3, 1994
PERSON REQUESTIN 1/46..a.. Morrison, Assistant County Attorney
Brief description of the problem/issue:
As you recall , Mid-America Waste Services , Inc . requested the
opportunity to amend the agreement for road maintenance given that
no activity is taking place at the site. Your Board indicated that
an amendment would be acceptable provided there was an automatic
triggering point prior to actual operations at which time payments
would have to recommence. Mr. Roy, by the attached correspondence
and proposed agreement, has suggested language which would use the
triggering point as the commencement of construction of the liner.
The USR still requires that the recycling facility be completed
prior to ,the opening of the landfill, but the timeframe for the
construction of the landfill is much longer than that for the
construction for the recycling facility.
What options exist for the Board? ( Include consequences, impacts,
costs, etc of options . ) :
Recommendation to the Board:
The form of the amendment is adequate and, if the Board of
comfortable with the triggering point being the commencement of
construction of the liner, I would recommend approval .
Initial :
Approve Schedule
Recommendation Work Session Other
Harbert L /
Webster
Hall
Kirkmeyer
Baxter 1/
LDM/gb:wsmidamer
94023E
Arthur P. iRag
Attorney at law
November 22 , 1993 NOV 2 1993
fi
WELD COUNTY
Lee Morrison ATTORNEY'S OFFICE
Weld County Attorney
P 0 Box 1948
Greeley, CO 80632
RE: Mid-American Waste Systems, Inc.
Dear Lee:
Pursuant to your letter of October 18, 1993 , please find enclosed
a "Amendment to Road Maintenance Agreement" for your review. I
believe the revisions accurately set forth the concerns raised in
your letter of October 18, 1993, which related to construction
activities. Mid-American advises me that some preliminary
construction and earth moving activities may occur over an
extended period which would produce either no, or relatively
light, traffic. The construction of the liner is, in their view,
an appropriate date to trigger the requirement of paying for the
Road Maintenance Agreement, as that activity must occur
relatively close to the actual opening and will involve
substantially greater activity than is anticipated in the near
term.
Please let me know if this draft is acceptable. If it is
accepts le, I will send the original to my client for signature
fid then submit it to the County.
Yours uly,
t ULdi e' Arthur P. Roy
Attorney at La
APR:elh
Enclosure
pc: Mid-American Waste Systems, Inc.
The Law Building - 1011 11th Avenue - P.O. Box 326 - Greeley, Colorado 80632
„___. Telephone (303) 356.5400 - Telecopy (303) 356-1111 94,0235
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