HomeMy WebLinkAbout962331.tiff RESOLUTION
RE: APPROVE ROAD PAVEMENT AGREEMENT WITH SANIFILL OF COLORADO, INC.,
DBA USA WASTE SERVICES, AND AUTHORIZE CHAIR 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, by Resolution dated July 22, 1991, a Site Specific Development Plan,
Special Review Permit#925, and Certificate of Designation for an environmental recycling and
solid waste disposal site and facility in the A (Agricultural) Zone District on the following
described real estate, to-wit:
The W1/2 of Section 28, Township 1 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 a Road Pavement Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Sanifill of
Colorado, Inc., dba USA Waste Services, 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 Pavement Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Sanifill of Colorado, Inc., dba USA Waste Services, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
962331
IL) I&5c4;Sa,ai'1/CND e PL0841
ROAD PAVEMENT AGREEMENT - SANIFILL OF COLORADO, INC., DBA USA WASTE
SERVICES (USR#925/ERD)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of December, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO.
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ATTEST: ')Cl Ll�t rout :
-:� s�ti'i �� Barbara J. Kirkmeyer Ciair uWeld C. .�r o �j
orge4. Baxter, Pro-T mBY:
D-.0 f Cie*tothe,'Bo CL
BSI ' Dale K. Hall
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APP I- , � �j�9p ✓"�'��)-�' """
i Constance L. Harbert
ounty Attor //� y l
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W. H. st r
962331
PL0841
Yis ROAD PAVEMENT AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered into this day of
°L--liTher, 1996, by and between Sanifill of Colorado, Inc. (d/b/a USA Waste Services), a
Delaware corporation licensed to do business in the State of Colorado ("USA Waste"), and the
Board of County Commissioners of Weld County, Colorado ("Board") hereinafter jointly referred
to as the ("Parties").
RECITALS
WHEREAS, Environmental Recycling and Disposal Company ("ERD") was granted by
the Board a Certificate of Designation ("CD"), a Site Specific Development Plan and a Use By
Special Review Permit ("USR-925") authorizing ERD to open and operate a solid waste disposal
site and facility ("Facility") located in Weld County, Colorado; and
WHEREAS, USA Waste is the successor in interest to ERD; and
WHEREAS, pursuant to ¶ 1 of USR-925, ERD was responsible for complying with the
terms of the Ranch Eggs Neighborhood Association Agreement signed on July 11, 1991 between
the Ranch Eggs Neighborhood Association, Inc. and Mid-America Waste Systems, Inc.; and
WHEREAS, pursuant to ¶ 8 of the Ranch Eggs Neighborhood Association Agreement,
Mid-America Waste Systems, Inc., or its successor, was obligated to pave the following streets
and roads within Weld County:
- 175th Avenue for 2,178 feet west from Weld County Road #7;
- Weld County Road #4 for 2,620 feet east from Weld County Road #7;
- Johnson Lane for 2,620 feet east from Weld County Road #7; and
- Lowell Lane for 2,290 feet east from Weld County Road #7; and
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Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
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WHEREAS, in order to pave the above listed streets and roads, certain improvements
including regrading and drainage improvements will need to be completed prior to the said
paving; and
WHEREAS, Weld County has agreed to make the necessary improvements at its own
expense prior to the paving of the above listed streets and roads; and
WHEREAS, the Ranch Eggs Neighborhood Association agrees with these revised
arrangements.
AGREEMENT
NOW,THEREFORE, in satisfaction of the requirements of USR-925 and the Ranch Eggs
Neighborhood Association Agreement, it is agreed by and between the Parties as follows:
1. Road Improvements. Weld County agrees to pave the above listed streets and
roads and complete any other necessary improvements, including but not limited to regrading and
drainage, during the 1997 construction season.
2. Accounting of Costs. Weld County agrees to provide USA Waste with an
accurate, certified accounting of the costs associated with paving each road or street with
approximately four inches of sub-grade and four inches of asphalt for an estimated 24 foot road
width.
3. Reimbursement. USA Waste agrees to reimburse Weld County up to an amount
of $180,000 to cover only the costs of paving the above listed streets or roads with four inches
of sub-grade and four inches of asphalt for an estimated 24 foot road width. In no event, will
USA Waste reimburse Weld County for an amount in excess of $180,000 or reimburse Weld
County for other road improvements not attributable to the actual paving of said roads.
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4. Escrow. By April 1, 1997, USA Waste shall place, in an interest-bearing escrow
account to be held by an escrow agent mutually selected by the parties (the "Escrow Agent"),the
sum of $180,000.00. These funds shall be held and disbursed by the Escrow Agent pursuant to
the following conditions:
(1) Escrow Agent shall disburse funds, up to $180.000.00, to the Board within five
(5) business days after the date the Escrow Agent has received written notice from USA Waste
stating that the roads have been paved pursuant to this Agreement. Said notice shall contain a
copy of the accounting of costs provided to USA Waste pursuant to Paragraph # 2 of this
Agreement.
(2) USA Waste agrees to provide such written notice to Escrow Agent within five (5)
business days after receipt from the Board regarding completion of pavement of the roads and
the accounting of costs as set forth in this Agreement.
(3) On the date of delivery of the notice to the Escrow Agent, the escrow shall
terminate and any remaining funds not paid to the Board shall be returned to USA Waste.
(4) In the event pavement of the roads is not completed by a date that is 365 calendar
days after the execution of this Agreement, then promptly thereafter, but in any event not later
than five (5) business days thereafter, the Escrow Agent, upon notice from USA Waste, shall
disburse the funds, plus accrued interest, to USA Waste and the escrow shall terminate.
(5) While the funds are escrowed, any interest shall accrue to USA Waste, and USA
Waste shall receive all interest upon termination of the escrow.
(6) USA Waste shall pay all costs and expenses, including the fees of the Escrow
Agent, incurred in connection with the escrow.
The Agreement by USA Waste to provide written confirmation regarding pavement of the
roads shall be specifically enforceable by the Board.
5. Assignment. All covenants and agreements contained in this Agreement by or on
behalf of any of the Parties hereto will bind and inure to the benefit of the respective successors
and the assigns of the Parties hereto whether so expressed or not. Upon transfer of the Facility
by USA Waste and following approval of such transfer, USA Waste shall be released from any
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further liability hereunder and the Transferee shall be required to comply with all outstanding
obligations which remain unfulfilled by USA Waste.
6. Severability. Whenever possible, each provision of this Agreement will be
interpreted in such a manner as to be effective and valid under applicable law, but if any
provision under this agreement is held to prohibited by, or invalid under, applicable law, such
provision will be ineffective only to the extent that it is prohibited or invalid and the remaining
provisions of this Agreement shall remain in full force and effect.
7. Governing Law. All questions concerning the construction, validity and
interpretation of this Agreement will be governed by the statutes, rules and regulations of the
laws of the State of Colorado.
8. Entire Agreement: Amendments. This Agreement constitutes the entire agreement
of the Parties hereto. No change, alteration, amendment, modification or waiver of any term or
provision hereof shall be valid unless the same is set forth in writing and signed by the Parties.
9. No Waiver. No waiver by the Parties to this Agreement of any covenant, term,
condition, or agreement contained herein shall be deemed or construed as a waiver of any other
covenant,term, condition, or agreement, nor shall a waiver of any breach be deemed to constitute
a waiver of any subsequent breach, whether of the same or of a different provision of this
Agreement.
10. Notices. All notices, demands or other communications to be given or delivered
under or by reasons of the provisions of this Agreement will be in writing and will be deemed
to have been given when (a) delivered personally or by courier, with a signed proof of receipt
or (b) placed in the U.S. mail by means of certified or registered mail, return receipt requested
and postage prepaid, to the recipient. Such notices, demands and other communications shall be
sent to each Party at the addresses indicated below:
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If to the Operator: USA Waste of Colorado, Inc.
4600 S. Ulster Street, Suite 700
Denver, Colorado 80237
If to the Board: Board of County Commissioners
Weld County
P. O. Box
Greeley, Colorado 80632
or to such other address or to the attention of such other persons as the Pales have specified by
prior written notice.
IN WITNESS WHEREOF, USA Waste and the Board have executed this Agreement as
of the date and year first written above.
SANIFILL OF COLORADO, INC.
(d/b/a USA Waste Services)
ATTEST: Title: / ViceA
d�'esC�e�T
,17/1
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY
n ���
/( 1 7 s
test . � �y.,3La Tit e:: BARBARA S. KIR ER,, C AIR
(12/30/96)
'Or.
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962331
OLD 10:00 Ill: I"tL NO: #235 PU1
[Ranch Eggs Neighborhood Association]
November 20, 1996
David M. Hall
District Manager
Sanif ll of Colorado, Inc.
d/b/a USA Waste Services
4600 South Ulster Street, Suite 700
Denver, Colorado 80237
Dear David:
The Ranch Eggs Neighborhood Association has had the opportunity to meet and vote on
the amendment to the pavement schedule set forth under paragraph 8 of the Neighborhood
Agreement. We have voted to approve the new schedule. It is our understanding that Weld
County or someone at their direction will complete pavement of the roads by the end of 1997.
Thank you for your assistance with this matter.
Sincerely,
RANCH EGGS NEIGHBORHOOD
ASSOCIATION, a Colorado corporation
4r2. ii I.v2 r1 - 7 4;>
Dorthy Shamyesident
962331
BURNS, FICA & WILL, P.C.
ATTORNEYS AT LAW
ONE DTC, PENTHOUSE THREE
5251 DTC PARKWAY
ENGLEWOOD, COLORADO SOIII
TELEPHONE (303) 796-2626
JEFFREY L. HUNTER FACSIMILE (303) 796-2777
December 13, 1996
L Gl rJJ
'
Lee D. Morrison, Esq. 1� f I
Assistant Weld County Attorney \ DEC 1 6 1996 'I L
915 10th Street L5 U
P. O. Box 1948 v'�-ELD COUNTY
Greeley, Colorado 80632 ATTORNEY'S OFFICE
Re: Road Pavement Agreement
Dear Lee:
Enclosed please fmd two executed copies of the Road Pavement Agreement between
Sanifill of Colorado, Inc. and the Board of County Commissioners of Weld County. I am also
enclosing a copy of the letter we received from the Ranch Eggs Neighborhood Association
approving the new pavement schedule under the Neighborhood Association Agreement. After
the Board has an opportunity to review and execute the Agreement, I would ask that you please
return one of the originals to me.
Thank you for your time and assistance in this matter. It has been greatly appreciated.
Sincerely,
BURNS, FIGGAWILL, P.C.
Jeffrey L. Hunter
JLH/wlr
Enclosures
cc: David M. Hall (no ends.)
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