HomeMy WebLinkAbout982493.tiff RESOLUTION
RE: APPROVE AMENDED ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT -
WESTERN MOBILE, INC.
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 November 4, 1998, a Site Specific Development Plan
and Special Review Permit#1199, for Western Mobile, Inc., on the following described real
estate, to-wit:
Part of Section 4, Township 2 North, Range 68, and
part of Section 9, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval in said Resolution, the Board has
been presented with an Amended Road Maintenance and Improvements Agreement between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Western Mobile, Inc., with terms and conditions being as stated in said
agreement, 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 Amended Road Maintenance and Improvements Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Western Mobile, Inc., be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 1yK�7 " _ EXCUSED
�D (,,,9 ,,, Constance L. Harbert, Chair
Weld County Clerk to the o F , n� ,�'
p W. 7c1 r, Pro-
BY: �211�`a�J
Deputy Clerk to the "a c rfr
eorge . Baxter
R AS • FORM:
Dale K. Hall
minty • .rney EXCUSED
Barbara J. Kirkmeyer
982493
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Will C CLERK
TO THE BC,°:,9
COLORADO
TO: Clerk to the Board DATE: December 21, 1998
FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please place the following item on the Board's next agenda
Amended Road Maintenance and Improvements Agreement with Western
Mobile, Inc. (Hamm Gravel Pit).
The appropriate documentation is attached.
Enclosures
pc: Western Mobile Inc. File
WCR7
Hamm Gravel Pit
Soy/
COUNTY OF WELD, STATE OF COLORADO
AMENDED ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
This AGREEMENT,made and entered into the 23rd day of December 1998,by and between
the COUNTY of WELD, STATE of COLORADO,hereinafter called "County" and WESTERN
MOBILE,INC. (HAMM GRAVEL PIT),hereinafter called "WMI" and
WHEREAS, WMI has been granted a Weld County Use by Special Review Mining Permit for an
open-cut sand and gravel operation on portions of the East 1/2 (E1/2) of Section 4 and the North 1/2
(N1/2)of the Northeast Quarter(NE 1/4) of Section 9 all located in Township 2 North, Range 68 West of
the 6th Principal Meridian and
WHEREAS, the existing County road that serves the gravel pit may require increased maintenance
and improvement due to heavy truck traffic, and
WHEREAS, the County and WMI agree that such maintenance and improvements will enhance the
accessibility and safety of the road that serves said gravel pit.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth,
the County and WMI agree as follows:
1. The County road that serves said gravel pit is Weld County Road (WCR) 7 between the
Hamm Pit entrance and Colorado State Highway 119.
2. WMI agrees to excavate and patch any damage to that section of WCR 7 between the
Hamm Pit entrance and Colorado State Highway 119 created by heavy truck hauling from
the Hamm Gravel Pit, as determined by Weld County Public Works Department.
3. At any time in the future, when damage to that section of WCR 7 between the Hamm Pit
entrance and Colorado State Highway 119 has increased beyond the point that patching can
reasonably restore the road, WMI will cooperate with County in the reconstruction of those
parts of said road.
4. When reconstruction is required, the details of such reconstruction and the amount of
aggregate base course required will be determined by sampling and testing of the existing
road by the Weld County Public Works Department.
5. When reconstruction is required,WMI will supply and pay the cost of the hot bituminous
pavement, aggregate base course, equipment,and labor for construction.
6. When reconstruction is required, County will reimburse WMI the cost of AC-10 liquid
asphalt for the manufacture of hot bituminous pavement.
7. All construction and materials controls for a project will be in accordance with the 1991
Standard Specifications for Road and Bridge Construction, and modified by the December
1, 1996, Supplemental Specifications, as provided by the Colorado Department of
Transportation. During Construction, signage shall be posted in accordance with the
Uniform Manual on Traffic Control Devices.
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Amended Road Maintenance and Improvements Agreement
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8. The term of this Agreement is from the date of entering as an aforementioned, and shall
run continuously until WMI ceases its operation of said gravel pit.
9. County shall be responsible for payment of costs due in future fiscal years only if funds are
appropriated and are otherwise available for the services and functions that are described
herein.
10. No Third Party Beneficiary Enforcements: It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement shall be strictly reserved to the undersigned parties, and nothing
contained in this Agreement shall give or allow any claim or right of actions whatsoever by
any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be deemed an incidental beneficiary only.
11. Indemnification:To the extent authorized by law, WMI agrees to indemnify, save, defend,
and hold harmless County from any and all liability incurred as a result of acts, omissions,
or failures to act by WMI in its performance of the duties set forth in this Agreement on
those portions of WCR 7 described in this Agreement The term liability includes, but is
not limited to,any and all claims, damages,and court awards, including costs, expenses,
and attorneys'fees,incurred as a result of any act or omission by WMI and its employees.
12. Modifications and Breach:This Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No modifications,
amendment, novation,renewal, or other alteration of or to this Agreement shall be deemed
valid or any force or effects whatsoever,unless mutually agreed upon in writing by the
undersigned parties. No breach of any term, provision, or clause of this Agreement shall be
deemed, waived or excused,unless such waiver or consent shall be in writing or signed by
the party claimed to have waived or consented. Any consent by any party hereto,or waiver
of, a breach by any other party, whether expressed or implied, shall not constitute a consent
to waiver of, or excuse for any different or subsequent breach.
13. Non-Assignment:This Agreement shall not be assignable without prior written consent of
County or WMI, whichever is the non-assigning party.
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IN WITNESS THEREOF, the parties hereto have duly executed the Agreement the day and year first
above writte
A1"1hST: RD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
Weld County Cler s ` __
BY: ice% e�iF%;. .L;�� BY: gPirZ—fr.;;;,,,-,---X9/4.-Ae"--7
Deputy County Constance L. Herbert, Chair(12/23/98)
WES RN MOBILE, INC. I:���--/
BY: C,t) ,,('-
TITLE: 4s St U & Pt it-e.. R. .
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