HomeMy WebLinkAbout991601.tiff RESOLUTION
RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - ENVIRO-CYCLE, LLC
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 #991201, dated May 19, 1999, the Board of Weld County
Commissioners approved a Site Specific Development Plan and Use by Special Review Permit
#1198, for Enviro-Cycle, LLC, on the following described real estate, to-wit:
The N'/ NW'% of Section 32, Township 4 North,
Range 65 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 a 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 E:nviro-Cycle, LLC, 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 Maintenance and Improvements Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Enviro-Cycle, LLC, be, and hereby is, approved.
P�. �nvirp - CyCiG , 'PO 991601
PL1259
IMPROVEMENTS AGREEMENT - ENVIRO-CYCLE, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of July, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
///
D COUNTY, RADO
D!K. HaII, haø
drarrn Board a1
Barbar J. Kirkmeyer,/Pro-Tem
BY.
a= yv �e Boar__ 4
Georg xter
APPROVED TO FORM:
M. J Geile
Co ty Attorney
Glenn Vaal
991601
PL1259
COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this / Q day of 1999, by and
between the COUNTY of WELD, STATE OF COLORADO,hereinafter called" unty"and Enviro-Cycle,
LLC, hereinafter called "Enviro-Cycle," and
WHEREAS, Enviro-Cycle has been granted a Weld County Use by Special Review Permit for an
oil and gas support and service facility (brine water disposal) operation on 8 acres, portions of the N2
NW4 of Section 32, Township 4 North, Range 65 West of the 6th Principal Meridian, and
WHEREAS, the brine water disposal will generate an increase in vehicle traffic, and
WHEREAS, the existing County roads that serve the brine water disposal will require increased
maintenance and improvement due to the increase in vehicle traffic, and
WHEREAS, the County and Enviro-Cycle have reviewed maintenance and improvements
proposals put forth by Enviro-Cycle, and both parties agree that such maintenance and improvements will
enhance the accessibility and safety of the roads that serve said brine water disposal.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the County and Enviro-cycle agree as follows:
1. The County roads which serve said brine water disposal are Weld County Road (WCR)
40 between WCR 39 and the main entrance, approximately 500 feet east (haul route).
2. The additional upgrading and paving through the main entrance from approximately 500
feet. This paving will be four inches thick or full depth asphalt and 24 feet wide with six
inches of aggregate base course with four-foot gravel shoulders.
3. Enviro-Cycle agrees to excavate and patch any damage on WCR 40 that has been created
by heavy hauling from brine water disposal as determined by Weld County Public Works
Department.
4. At any time in the future, when WCR 40 damage has increased beyond the point that
patching can reasonably restore the road, Enviro-Cycle will cooperate with County in the
reconstruction of those parts of said road.
5. When reconstruction is required, the details of such reconstruction and the amount of
asphalt and aggregate base course required will be determined by sampling and testing
of the existing road by the Weld County Public Works Department.
6. When reconstruction is required, Enviro-Cycle will supply and pay the cost of the hot
bituminous pavement, aggregate base course, equipment, and labor for reconstruction..
7. When reconstruction is required,County will reimburse Enviro-Cycle for the cost of AC-10
liquid asphalt for the manufacture of hot bituminous pavement.
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Road Maintenance and Improvements Agreement
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8. 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.
9. The term of this Agreement is from the date of entering as aforementioned, and shall run
continuously until Enviro-Cycle ceases its operation of said brine water disposal.
10. County shall be responsible for payment of costs due in future fiscal years gnly if funds rrr
are appropriated and are otherwise available for the services and functions which are rtit
described herein.
11. No Third Party Beneficiary Enforcement: 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.
12. Indemnification: To the extent authorized by law, Enviro-cycle 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 Enviro-Cycle in his performance of the duties set forth in
this Agreement on those portions of WCR 40 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 Enviro-Cycle and it employees.
13. No modifications, amendment, novation, renewal, or other alteration of or to this
Agreement shall be deemed valid or any force or effect 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.
14. Non-Assignment: This Agreement shall not be assignable without prior written consent
of County or Enviro-Cycle,whichever is the non-assigning party.
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Road Maintenance and Improvements Agreement
page 3
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and year
first above wri n.
ATTEST: ��- L<) BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the C 0,rd J " ,
1861 1O \;:� '1
to '/n / BY: I
e,�'�,� L Dale IC Hall, Ch 'r /(17-i'a
Deputy County Clerk � l41
ENVIRO-CYCLE, LLC
MIKE CERVI
I /'\
BY: �� ilL' - Cri:51
TITLE: tags MNr[Ai J 6
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MEMORANDUM.__`
C. TO: Clerk to the Board DATE: July 14, 1999
COLORADO FROM: Frank B. Hempen, Jr:,,—; (`oLll
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the following item for the Board's next agenda.
Road Maintenance and Improvements Agreement between Weld County and Enviro-Cycle, LLC.
The appropriate documentation is attached.
Enclosures
pc: WCR 40 file
991601
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