HomeMy WebLinkAbout901168.tiff AR 309799
RESOLUTION
RE: APPROVE ROAD IMPROVEMENT AND MAINTENANCE AGREEMENT WITH WASTE
'to SERVICES CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN
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WHEREAS, the Board of County Commissioners of Weld County,
- 8 Colorado, pursuant to Colorado statute and the Weld County Home
A Rule Charter, is vested with the authority of administering the
w affairs of Weld County, Colorado, and
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o WHEREAS, on June 27 , 1990 , the Board granted to Waste
41- ,4 Services Corporation a Special Review Permit for a solid waste
z disposal site and facility, and
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w WHEREAS, as a condition of approval, Waste Services
t x Corporation was required to submit a Road Improvement and
- 0 Maintenance Agreement for certain portions of Weld County Road 25,
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rn U WHEREAS, the Board has now been presented with a Road
Improvement and Maintenance Agreement from Waste Services
o H Corporation, and
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CI) WHEREAS, said Agreement concerns the following described real
w estate to-wit:
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r-• w The Southwest Quarter of Section 7 , Township 7
o North, Range 66 West of the 6th P.M. , Weld
N Z County, Colorado
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° Z WHEREAS, after review, the Board deems it advisable to
w approve the Agreement, a copy of which is attached hereto and
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incorporated herein by reference, with the terms and conditions
Nen being as stated in said Agreement.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County
macLI Commissioners of Weld County, Colorado, that the Road Improvement
and Maintenance Agreement with Waste Services Corporation be, and
hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
901168
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Page 2
RE: AGREEMENT - WASTE SERVICES CORPORATION
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 19th day of
o c°i November, A.D. , 1990 .
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o / f/ /1 BOARD OF COUNTY COMMISSIONERS
U ATTEST, f ' P I WELD 0 TY, COLOR 0
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o Weld County Clerk[ to the Board
0 3 ene R. Brantne , hairman
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q ( EXCUSED
0 �2 � orq(, ' George Kennedy, Pro-Tem
v D puty Clerk to t e Board
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APPROVED AS TO FORM: arry.. .-.1f.r!A...-407rO
ance L. Harbert
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n z ounty Attorney EXCUSED
0H Gordon E. Lacy
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901168
ROAD IMPROVEMENT AND MAINTENANCE AGREEMENT
This Road Improvement and Maintenance Agreement is by and
between the Board of County Commissioners of Weld County,
Colorado ( "Board" ) and Waste Services Corporation, a Colorado
o U corporation ( "Waste Services" ) .
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p RECITALS
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q A. By resolution adopted by the Board on June 27, 1990
o a (the "Resolution" ) , a Site Specific Development Plan and Special
0 3 Review Permit for a Solid Waste Disposal Site and Facility was
c x approved for Waste Services with respect to a site located in a
A A( Agricultural ) Zone District on the following described real
o estate to wit:
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W The Southwest Quarter of Section 7, Township 7 North,
a Range 66 West of the 6th P.M. , Weld County, Colorado
- 0 (the "Property" ) .
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W B. The Resolution was conditioned upon Waste Services
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satisfying certain requirements. Pursuant to paragraph 3(h) of
z the Resolution, Waste Services was required to submit a road
OH improvement and maintenance agreement for Weld County Road 25 .
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EW The agreement is contained herein.
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NOW, THEREFORE, in satisfaction of the requirement of
mw paragraph 3(h) of the Resolution, it is agreed by and between the
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G+ parties as follows:
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N z 1. Construction of Improvements. Waste Services shall, at
G its sole cost and expense, construct or cause to be constructed
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u improvements to Weld County Road 25 from the intersection of
a g Colorado State Highway 14 north to the entrance gate o£ the solid
r N waste disposal site to be developed by Waste Services on the
Ln m Property. The construction shall be completed prior to accepting
m and disposing of any waste in accordance with plans and
w specifications which plans and specifications shall be approved
by the Weld County Engineering Department.
2. Maintenance . Upon completion of the improvements
described in paragraph 1 above and acceptance of those
improvements as being completed in accordance with plans and
specifications by the Weld County Department of Engineering, Weld
County shall assume full responsibility of maintenance of all
improved and unimproved portions of Weld County Road 25 north of
Colorado State Highway 14. Nothing herein shall be construed to
relieve Waste Services or any third party from normal liability
to Weld County for the cost of damages to Weld County Road 25
that may be caused by the negligent or unlawful acts of Waste
Services or a third party.
3. No Waiver . No portion of this Agreement shall be
deemed to constitute a waiver of any immunities the parties or
otheir officers or employees may possess, nor shall any portion of
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o this Agreement be deemed to have created a duty of care or rights
p as third parties beneficiaries with respect to any persons or
U entities not a party to this Agreement.
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o W 4. Binding Effect. All covenants and agreements contained
O 3 in this Agreement by or on behalf of the parties hereto will bind
o Z and inure to the benefit of the respective successors and assigns
`a' Q of the parties hereto whether so expressed or not.
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IN WITNESS WHEREOF, Waste Services and the Board have
a executed this Agreement effective this 46 day of 'f')07Xrnuh1 ,
�n 1990.
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o W BOARD OF COUNTY COMMISSIONERS
Ng OF WELD COUNTY, COLORADO
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Ca H rn
H H BY /(/
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Chairman
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N w ATTEST: �
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o k.. to the Board ,.,
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