HomeMy WebLinkAbout920510.tiff AR2292435
RESOLUTION
RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND LONG TERM ROAD
MAINTENANCE AND IMPROVEMENTS AGREEMENT WITH WESTERN MOBILE, INC. , AND C &
M READY MIX CONCRETE COMPANY OF BOULDER, INC. , 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, the Board has been presented with a Road Maintenance and
Improvements Agreement and a Long Term Road Maintenance and Improvements
Agreement between County of Weld, State of Colorado, and Western Mobile, Inc. ,
and C & M Ready Mix Concrete Company of Boulder, Inc. , with the terms and
conditions being as stated in said agreements, and
WHEREAS, after review, the Board deems it advisable to approve said
agreements, copies of which are 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 and Improvements Agreement and the
Long Term Road Maintenance and Improvements Agreement between County of Weld,
State of Colorado, and Western Mobile, Inc. , and C & M Ready Mix Concrete Company
of Boulder, Inc. , be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 15th day of June, A.D. , 1992.
/t>vr A ��% BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board
GeJ rge Ken dy, Chair du
BY:� ptl 7%�,rl,:-,-;r 4/y> ,.�-// L A �C' � '��
`*De ,'Qltrk to the Board\ Constance L. Harbert, Pro-Tem
API) Alletj,70RM: g 1<- j
L C. W. Kirb /
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County Atto ey Go . c
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/ F 0455 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO,CO, CO 920510
F( aD31 r c� ' t, C 1,t1E l I r-A4; /J1( I i1 t ) G S '4
COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 3_ day of ZtU tJ x, 1912, by
and between the County of Weld, State of Colorado, hereinafter called "County" and
Western Mobile Inc., hereinafter called "WMI" and C & M Ready Mix Concrete Company
of Boulder, Inc., hereinafter called "C & M,"
WHEREAS, WMI and C & M have acquired land use permits from Weld County
for gravel pits in the area of Rinn, Colorado, and
WHEREAS, WMI and C & M have entered into Road Maintenance and
Improvements Agreements with Weld County to repair and overlay County roads impacted
by heavy truck traffic generated from WMI and C & M's mining and plant operation and,
WHEREAS, the County has inventoried the County roads in the Rinn area and
found repairs are necessary.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, the County, WMI, and C & M mutually agree as follows:
1. The County roads to be repaired are Weld County Road 20.5 between Weld
County Road 7 and the entrance to C & M's gravel pit, and Weld County
Road 7 from Weld County Road 20.5 south to state Highway 52.
2. Repair will consist of 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. 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. The addition of lime
to the hot bituminous pavement will not be required.
4. WMI will furnish the necessary hot bituminous pavement, equipment, and
labor to repair damaged areas.
5. The County will reimburse WMI for the cost of the AC-10 liquid asphalt
required to manufacture the hot bituminous pavement.
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F 0456 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO r s
r . ;
6. C & M will share the expense for repairs with WMI as determined by a
separate agreement.
7. Because of the instability of the existing roadbed, overlaying will not be done
at this time. WMI and C& M will be responsible for patching until such time
as the roadbed is stabilized and other improvements such as paving fabrics
and overlays can be considered.
IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the
day and year first-above written.
WESTERN MOBILE INC. C & M READY MIX CONCRETE
COMPANY OF BOULDER, INC.
Bya By: 7 2 vt kit
TitleMft J4CBtCF CEnttRAL 5k1zy1CtS Title: t/ d d tsr/ZA776AW /S
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
By: �[� �/� } l�C
Deputy Clerk to the Board George Kenne y, Chairman /7klo'
MMM:AM
May 20, 1992
(c:\wp51\lease\weldcty.imp)
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F 0457 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO """""-^
COUNTY OF WELD, STATE OF COLORADO
LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 3 day of To n)& , 195_1
by and between the County of Weld, State of Colorado, hereinafter called "County" and
Western Mobile Inc., hereinafter called "WMI" and C & M Ready Mix Concrete Company
of Boulder, Inc., hereinafter called "C & M,"
WHEREAS, WMI, C & M, and other gravel operators have acquired land use
permits from the County for gravel mining and plant operations in the area of Rinn,
Colorado, and
WHEREAS, it is anticipated there will be additional land use permits granted by the
County in the future, and
WHEREAS, gravel mining and plant operations are anticipated to continue in the
area of Rinn, Colorado, well into the future, and
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
WHEREAS, present and future gravel operators are required to enter into Road
Maintenance and Improvements Agreements with the County to mitigate the impact created
by heavy truck traffic, and
WHEREAS, haul routes overlap between different gravel operators and the existing
haul routes are difficult and impractical to manage, and
WHEREAS, the maintenance and improvements required will vary over time and
provisions should be made to address future requirements, and
WHEREAS, the County, WMI, and C & M agree it would be advantageous to set
forth an agreement that would provide a basis for future Road Maintenance and
Improvements Agreements.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, the County, WMI, and C & M mutually agree as follows:
1. The County roads considered in this agreement are haul routes that were
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F 0458 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
established by land use permits previously granted by the County and are as
follows: Weld County Road 7 between Colorado State Highway 119 and
Colorado State Highway 52; Weld County Road 20.5 between Weld County
Road 7 and the entrance to C & M's gravel mine, which is a distance of
approximately 7,700 feet; Weld County Road 18 between Weld County Roads
7 and 5; and Weld County Road 5 between Weld County Road 18 to County
Road 7.
2. WMI and C&M are restricted to hauling on the road identified in Paragraph
1 above. Previous haul route restrictions shall not apply and the
establishment of the new haul routes does not constitute a substantial change
from the restrictions contained in land use permits previously granted by the
County, provided WMI and C & M are not in breach of this Agreement.
3. 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.
4. WMI, C & M, or future gravel operators are required to share in reasonable
future maintenance and improvements when such maintenance is related to
their hauling impacts.
5. 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.
6. Upon determining what maintenance and improvements are required, a
separate agreement shall be drawn detailing the work to be done and how the
costs are to be shared.
7. It is anticipated WMI, C & M, or future gravel operators will perform the
work and share in the equipment, labor, and materials required. Any sharing
done between the gravel operators shall be in separate agreements.
8. If Weld County does not require a future gravel operator to share a
reasonable portion of maintenance and improvements, the County will be
responsible for that portion.
9. If a gravel operator does not participate as outlined in this Agreement, it will
constitute a violation of the operator's land use permits granted by the
County. the County will take remedial measures, within a reasonable amount
of time, against an operator that does not participate.
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F 0459 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ""
IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the
day and year first-above written.
WESTERN MOBILE INC. C & M READY MIX CONCRETE
(Q� COMPANY OF BOULDER, INC.
By:{wtaitiu.,,,,� Pi.X�.Ml t intrr By: / Y�Yl�ivt c1 zinc
Title MhthCEil*C /1k4561UVitES Title: Z/. 7 dA//z477an/S
A1'1'hST: : 444P BOARD OF COUNTY COMMISSIONERS
/ys ` WELD COUNTY, COLORADO
Weld County Clerk to fle''Board ByDeputy Clerk�to the Board — _ yGeorge Kenn y, Chairman
MMM:AM
June 3,1992
(c:\wp51\lease\weldcty.ng)
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F 0460 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
MEMORAnDU
WilkTo Cleric ro the Board Date 92
COLORADO From nrew crhalringa County Fng'neer ,4\4
Subject:Agnnda Item
Please add the following to the Board's agenda:
"Road maintenance and improvements agreements with Western Mobile Inc. ,
and C & M Ready Mix Concrete Company. "
Appropriate documents are attached.
DS/gb:ctbagree.gjb
Attachments
920110
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