HomeMy WebLinkAbout920149.tiff FEE-11-92 TUE 9:04 WELD COUNTY ENGINEERING FAX NO. 303 356 4000 4779 P. 02
AR2309828
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
N
THIS AGREEMENT, made and entered into this
eta day of
yyy 1992, by and between the County of Weld, State of
o U Colo ado�fter called "County" and William E. and Margaret Kobobel DfA
re o Idaho Creek Resources, hereinafter called "Operator".
U
WHEREAS, the Operator and other gravel operators have acquired land use
0 w permits from the County for gravel mining and plant operations in the area of
0 3 Rinn, Colorado, and
O or
e+ ill
n WHEREAS, it is anticipated there will be additional land use permits
granted by the County in the future, and
O
w WHEREAS, gravel mining and plant operations are anticipated to continue ON w Tel in the area of Rinn, Colorado, well into the future, and
.. w
a4 WHEREAS , the County roads in the area of Rinn, Colorado, will be impacted
by heavy truck traffic generated from gravel mining and plant operations and
rn U by other businesses using heavy trucks, such as trash haulers and farmers, and
o H WHEREAS, present and future gravel operators are required to enter into
Road Maintenance and Improvements Agreements with the County to mitigate the
re impact created by heavy truck traffic, and
N a WHEREAS, haul routes overlap between different gravel operators and the
co w existing haul routes are difficult and impractical to manage, and
rn
Mo WHEREAS, the maintenance and improvements required will vary over time and
provisions should be made to address future requirements, and
C.) 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
U re
N Maintenance and Improvements Agreements between all parties concerned,
�n r
M
HI ' NOW, THEREFORE, in consideration of the mutual covenants and conditions
14 44 hereinafter set forth, the County and the Operator mutually agree as follows;
1, The County roads considered in this agreement are as follows: Weld
County Road 7 between Colorado State Highway 119 and Colorado State
Highway 52; Weld County Road 18 between Weld County Roads 7 and 5;
and Weld County Road S between Weld County Road 18 and the mine
entrance.
2. The Operator is restricted to hauling on the roads identified in
paragraph 1 above.
PL0859
920149
LAG, l`te
Pc 089
FEE-11-92 TUE 9:04 WELD COUNTY ENGINEERING FAX NO. 303 356 4000 4779 P. 03
Road Maintenance and Improvements Agreement
Page 2
• O
O
o U
3 . The Operator will be responsible for controlling dust on the unpaved
(NI O portion of the haul route when necessitated by hauling from the
U permit area. The Operator is responsible for using materials and
ca methods not inconsistent with any federal, state, or local laws,
o ce rules or regulations pertaining to hazardous materials, health, or
environmental protection.
ox
' q 4, The Operator will maintain the unpaved portion of the haul route by
grading to keep the surface reasonably smooth when necessitated by
o hauling from the permit area.
o a _ co plc lc ,�^q
5. The Operator will Apav&Weld County Road 5 between Weld County Road
/18 and the mine entrance erring the fourth year of the pit'a � � �
x epwM3r The paving will consist of three inches of hot bituminous 19 q y
asphalt, 24 feet wide, The thickness of new base course will be R
(NI• U determined by the Weld County Engineering Department through standard Fl1‹ .
• z testing and design procedures to be performed immediately prior to
0 w paving. Credit for existing base course will be applied toward the
EA depth of new base course. A four foot aggregate shoulder will be
constructed,
w
N 6. The Operator will furnish the necessary hot bituminous pavement, base
material, equipment, and labor to construct the improvements.
o z
N < 7. The County will reimburse the Operator for the cost of the AC-10
liquid asphalt required to manufacture the het bituminous pavement.
ci
a8 , The County will inspect and replace any culverts that are in a
deteriorated condition prior to paving.
re
in r
"° 9. 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.
10. The County will provide testing and inspection for the construction.
11. The County will, to the best of its ability within the restrictions
of the law, require future gravel operators that use the haul routes
described in Paragraph 1 above, to participate in Road Maintenance
and Improvements Agreements as outlined herein.
12. The Operator and present and future gravel operators are required to
share in reasonable future maintenance and improvements when such
maintenance is related to their hauling impacts,
13. 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.
FEE-11-92 TUE 9: 05 WELL COUNTY ENGINEERING FAX NO, 303 356 4000 4779 P. 04
Road Maintenance and Improvements Agreement
o U Page 3
o
en 0 14, Upon determining what maintenance and improvements are required, a
U separate agreement shall be drawn detailing the work to be done and
o the costs to be shared.
I-1
o
0 3 15, When requested by the County, the Operator shall provide information
o W as to the amount of materials, in tons, removed from the pit over a
ca
specified period of time, When combined with information provided
p by other operators, the proportionate amount of materials removed by
o w each operator will be used to determine each operator's share in
e, o; maintenance and improvements. No costs for maintenance and
^: ,a improvements associated with traffic not generated by the gravel
r operators will be assessed to the gravel operators.
W
N a 16. It is anticipated that the Operator or future and present gravel
m U operators will perform the work and share in the equipment, labor,
M z and materials required. Any sharing done between the gravel
o
w operators shall be by separate agreements.
ri E
ri cn
x 17. The burden on currently permitted gravel operations will not be
w increased as a result of future gravel operations,
COW
o z 18. No portion of this agreement shall be deemed to constitute a waiver
en z of any immunities the parties or their officers or employees may
cN 4 possess, nor shall any provision of this agreement be construed to
a create any duty, standard of care, or rights in favor of any third
u
w parties with respect to any obligation created by this agreement.
a
d 19. If the Operator does not participate as outlined in this agreement,
en r- it will constitute a violation of the Operator's land use permit
ri .-c granted by the County. The County shall have the right to take
c... remedial measures, within a reasonable amount of time, against the
Operator for non-participation,
IN WITNESS WHEREOF, the parties hereto have duly executed the agreement
the day and year first-above written.
IDAHO CREEK RESOURCES BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By: Li its; /
William E. Kobobeli) �--
BY: 1 (4'4C 1) 16-6 .� Y• tt� /airman ��
8
eorge 1£ ed Chairman
Margaret Kobobel
ATTESTIfl� ,1ZiGGC
Weld Coun✓✓✓ty Clerk to the Board
By J / �1�/7
Deputy Clerk to the Boa€d--�
FEB-11-92 TUE 9: 05 WELL COUNTY ENGINEERING FAX NO. 303 356 4000 4779 P. 05
STATE OF COLORADO )
ss.
o o COUNTY OF )
p The foregoing instrument was acknowledged before me by William E. Kobobel
and Margaret Kobobel this \ate day of , 1992.
o W
o C▪ 4 No ota`ry Pub c
j
ao My commission expires: ��`l (t',, j R
U i f�
cr. a• ca
C4
Na
rn U
z
o H
� W HI HI E
CO
a
CO
N W
CO W
oz
Mz
N Kg
O
P4
W
a
to
Cr) 1/40
W
Hello