HomeMy WebLinkAbout961859.tiff RESOLUTION
RE: APPROVE LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT WITH WESTERN MOBILE NORTHERN 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, the Board has been presented with a Long Term Road Maintenance and
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 Weld County Public Works
Department, and Western Mobile Northern, 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 Long Term Road Maintenance and 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 Weld County Public Works Department, and
Western Mobile Northern 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 16th day of October, A.D., 1996.
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BOARD OF COUNTY COMMISSIONERS
EL
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Barbara,J. Kirkmeyer,,k
Clerk to the Board
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���, / LLB. Baxter, Pfo ems
►��eputy Clerk the Board
Dale K. Hall
APP D AST M:
Constance L. Harbert
C unty Attor ey . b* /L/ /
W. H.�IVebster
961859
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COUNTY OF WELD, STATE OF COLORADO
LONG TERM ROAD MAINTENANCE/"AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of £7 ph n---, 1996,by and
between the County of Weld, State of Colorado, hereinafter called "County" and Western Mobile
Northern, hereinafter called "Operator".
WHEREAS,the Operator and other gravel operators have acquired land use permits from the County
for gravel mining and plant operations in the area west of Greeley, Colorado along 35th Avenue, and
WHEREAS, gravel mining and plant operations are anticipated to continue in this area will into the
future, and
WHEREAS,the County roads in the area of 35th Avenue will be impacted by heavy truck traffic
generated from gravel mining and plant operations and by other businesses using heavy trucks, 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 is 35th Avenue, from "F" Street to
"O" Street. This County road is referred to hereinafter as 35th Avenue.
2. The Operator may use 35th Avenue, as haul routes to and from its gravel mining
operations as described in the plat filed as required by USR#247 2nd Amendment.
3. In order to prevent degradation of the 35th Avenue road edge at the access drive,the
Operator will install paved acceleration and deceleration lanes as shown on the
extraction plan map of USR#247 2nd Amendment.
4. The County will,to the best of its ability within the restrictions of the law, require
future gravel operators who use the haul routes described in Paragraph 1., above,to
participate in Road Maintenance and Improvements Agreements similar to this
Agreement.
5. The Operator and present and future gravel operators are required to share in the cost
of reasonable future maintenance and improvements when such maintenance is related
to their hauling impacts.
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Weld County CO SA Suitt Tsukamoto Clerk & Recorder 0.00
6. 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.
7. Upon determining what maintenance and improvements are required, a separate
agreement shall be drawn detailing the work to be done and the costs to be shared.
8. When requested by the County, the Operator shall provide information as to the
amount of materials, in tons, removed from the pit over a specified period of time. The
Weld County Public Works Department shall provide information on the amount of
materials, in tons, it has hauled on the road in question. The County shall estimate the
amount of non-gravel materials, in tons, shipped over the road in question for the same
period of time. When combined with information provided by other operators (as set
forth in Paragraph 5.), the proportionate amount of materials removed by each operator
will be used to determine each operator's share in maintenance and improvements. No
costs for maintenance and improvements associated with traffic not generated by the
gravel operators will be assessed to the gravel operators.
9. It is anticipated that the Operator and future or present gravel operators will perform
the work and share in the equipment, labor, and materials required for the maintenance
and improvements necessary for 35th Avenue. Any sharing done between the gravel
operators shall be by separate agreements.
10. 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
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.
11. Structural damage repairs to the bridge at the Cache La Poudre River and 35th
Avenue are exempted from this Road Maintenance and Improvements Agreement.
12. As in similar maintenance agreements, Weld County will pay (reimburse) for the
liquid asphalt cement used in the work.
13. If the operator does not participate as outlined in this Agreement, it will constitute a
violation the conditions of USR#247 2nd Amendment, and shall subject Operator to
revocation of said USR.
14. This Agreement is not assignable by county to any other entity and will be null and
void for those sections of 35th Avenue that become annexed to the City of Greeley.
This Agreement may be assigned by Operator only upon written consent of County.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day
and year first-above written.
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LD COUNTY,COLORADO
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2516211 B-1572 P-386 10/18/96 02:05P PG 2 OF 4
WESTERN MOBILE NORTHERN
By: ;
STATE OF COLORADO )
COUNTY OF WELD
The foregoing instrument was acknowledged before me by Greg Lindsay
this &'9 day of ,Y19"tJ,M it � , 1996.
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Notary ' . ••
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My commission expires:
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2516211 B-1572 P-386 10/18/96 02:05P PG 3 OF 4
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2516211 B-1572 P-386 10/18/96 02:05P PG 4 OF 4
mEmoRAnDum
To Clerk to the Board Date October 11, 1996
COLORADO
From Don Carroll, Project Coordinator kg&
Subject:
Agenda Item
Please place the following item on the Board's Wednesday's agenda:
Long Term Road Maintenance and Improvements Agreement with Western Mobile
Northern on the 35th Avenue facility.
The appropriate documentation is attached
cc: 35th Ave. file
board.mem
961859
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