HomeMy WebLinkAbout980525.tiff RESOLUTION
RE: APPROVE ROAD IMPROVEMENTS AGREEMENT AND AUTHORIZE CHAIR TO
SIGN -WILLIAM KOBOBEL
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 Improvements Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and William and
Margaret Kobobel, dba Idaho Creek Gravel Company, 7909 Weld County Road 5, Longmont,
Colorado 80501, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Road Improvements Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, and William and Margaret Kobobel, dba Idaho Creek
Gravel Company, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of March, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 1,� ��, �,�/������LLLLr,,,,► � Z`l �i' s
err Constance L. Harrt, Chair
Weld County.Gl , '_',', • d /ty7tce, W. H. er, T
BY:
Deputy Cl%fi1h r,,., -` ;r
orge VBaxter
D AST RM:
Dale K. all
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Barbara J. Kirkmeyerz
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COUNTYOF WELD, STATE OF COLORADO � wpm
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LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS maw
AGREEMENT 0 w�
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THIS AGREEMENT, made and entered into this day of , 1998, �—
by and between the County of Weld, State of Colorado, hereinafter called "County" and William E. II omm
and Margaret Kobobel UBA Idaho Creek Gravel Company, hereinafter called "Operator". v c
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WHEREAS, the Operator and other gravel operators have acquired land use permits from ;I Mm—
the County for gravel mining and plant operations in the area of Rinn, Colorado, and
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WHEREAS, it is anticipated there will be additional land use permits granted by the CountyImo
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 by other businesses using heavy
trucks, such as trash haulers and farmers, 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 and the Operator agree it would be advantageous to set forth an
equitable agreement that would provide a basis for future Road Maintenance and Improvements
Agreements between all parties concerned,
NOW, THEREFORE, in consideration of the mutual covenants and conditions 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 5
between Weld County Road 18 and the mine entrance.
Page 1 of 4
„N- 2. The Operator is restricted to hauling on the roads identified in Paragraph 1 above.
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3. The Operator will be responsible for controlling dust on the unpaved portion of the
IS IS haul route when necessitated by hauling from the permit area. The Operator is
oa a responsible for using materials and methods not inconsistent with any federal, state,
0 011 m= or local laws, rules or regulations pertaining to hazardous materials, health, or
o environmental protection.
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0 —— 4. The Operator will maintain the unpaved portion of the haul route by grading to keep
wIIME the surface reasonably smooth when necessitated by hauling from the permit area.
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� 5. The County will complete paving Weld County Road 5 between Weld County
S Road 18 and the mine entrance by July 1, 1998, provided the initial partial payment
ate is made pursuant to Paragraph 7 herein. The panning will consist of three inches
x0— of hot bituminous asphalt, 24 feet wide with a 6” Class 6 aggregate base course.
cA two-foot aggregate shoulder will be constructed.
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o 6. The Operator will furnish and haul the necessary base material.
7. The County will place the base material, and haul and place the hot bituminous
pavement.
The County will purchase the hot bituminous pavement through its 1998 Bid
process. The Operator will reimburse the County in two equal payments due on
June 15, 1998, and on October 15, 1998.
8. The County will inspect and replace any culverts that are in a deteriorated condition
prior to paving.
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 or 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.
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14. Upon determining what maintenance and improvements are required, a separate
w a— agreement shall be drawn detailing the work to be done and the costs to be shared.
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15. When requested by the County, the Operator shall provide information as to the
a � amount of materials, in tons, removed from the pit over a specified period of time.
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mu,MIIM When combined with information provided by other operators, the proportionate
mm� amount of materials removed by each operator will be used to determine each
o operator's share in maintenance and improvements. No costs for maintenance and
a_ improvements associated with traffic not generated by the gravel operators will be
m assessed to the gravel operators.
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16. It is anticipated that the Operator or future and present gravel operators will perform
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x the work and share in the equipment, labor, and materials required. Any sharing
_ done between the gravel operators shall be by separate agreements.
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r°C — 17. The burden on currently permitted gravel operations will not be increased as a result
o wI of future gravel operations.
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18. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
min_ provision of this Agreement be construed to create any duty, standard of care, or
rights in favor of any third parties with respect to any obligation created by this
Agreement.
19. If the Operator does not participate as outlined in this Agreement, it will constitute
a violation of the Operator's land use permit granted by the County. The County
shall have the right to take remedial measures, within a reasonable amount of time,
against the Operator for non-participation.
Page 3 of 4
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"mom IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day
pp= and year first-above written.
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a-6=-. WHEREFORE, parties have hereunto set their hands and seals the date and year first
--EN= written above.
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F o William E. Kobobel
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m Mar ret Kobobel
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld Cou t r
ZC By: Constance L. Harbert, Chair Ca 91
Deputy Cler rd
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