HomeMy WebLinkAbout981420.tiff RESOLUTION
RE: APPROVE ROAD IMPROVEMENTS AGREEMENT - FRONT RANGE FEEDLOTS,
LLC, 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, on the 23rd day of July, 1997, the Board of County Commissioners did
approve the application of Horton Cattle Companies, P.O. Box 517, Eaton, Colorado 80615, for
a Site Specific Development Plan and Special Review Permit#1152 for an expansion of a
livestock confinement operation (50,000 head feedlot and 12 accessory dwelling units) in the
A (Agricultural) Zone District
WHEREAS, the Board has been presented with a Road Improvements Agreement,
pursuant to Condition of Approval #2.L of said Special Review Permit, between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Public Works Department, and Front Range Feedlots, LLC, formerly Horton
Cattle Companies, 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 Public Works Department, and Front Range Feedlots, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
981420
• ,4ip/. GA PL0709
ROAD IMPROVEMENTS AGREEMENT- FRONT RANGE FEEDLOTS, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of August, A.D., 1998.
• BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: %Loy
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s G Constance L. Harbert, Chair
Weld County Clerk to e r � � �� 7 4 it {p]� ��
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W. H. ebster,Pro-Te"
BY:
Deputy Clerk to t rr.(J % /' fff
George . Baxter
A O D AS FORM: EXCUSED DATE OF SIGNING (AYE)
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/Barbara J. Kirkmeyer Q
981420
PL0709
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COUNTY OF WELD, STATE OF COLORADO
ROAD IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 12th day of August 1998,
by and between the COUNTY of WELD, STATE OF COLORADO, hereinafter called "County" and
FRONT RANGE FEEDLOTS, LLC, hereinafter called Front Range", and
WHEREAS, Front Range has been granted a Use by Special Review to expand a feedlot
operation on 335 acres located in the E 1/2 of Section 18, Township 3 North, Range 64 West of the
6th Principal Meridian, and
WHEREAS, the feedlot expansion will generate an increase in heavy traffic, and
WHEREAS, the existing County road 34 that serves the feedlot will require increased
maintenance and improvement due in part to the heavy feedlot truck traffic, and
WHEREAS, the County and Front Range have reviewed maintenance and improvement
proposals put forth by Front Range, and both parties agree that such improvement will enhance the
accessibility and safety of the road that serves said feedlot.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the County and Front Range agree as follows:
1. The county road which serves said feedlot is Weld County Road 34 between Weld
County Roads 49 and 51.
2. Front Range agrees to pay 22% of the cost of paving road 34 between county roads 49
and 51 not to exceed $33,000.
3. Front Range agrees to pay its share of the paving in three equal installments, not to
exceed $11,000 per year. The first payment will be paid upon completion of the paving,
with the final two installments due annually thereafter.
4. County will schedule paving and use its best efforts to complete paving during the 1998
construction season.
5. In order to maintain safe two-way traffic, Front Range will reduce the number of access
points along road 34 and make necessary changes to remaining access points to ensure
safety and visibility.
6. All construction and materials will be in accordance with the State Department of
Highways, Division of Highways, State of Colorado, 1991 Standard Specifications for
Road and Bridge Construction. During Construction, signage shall be posted in
accordance with the Uniform Manual on Traffic Control Devices.
1 11111111111 111111 11111 1II1 1111111 11111 III 11111 IIII IIII
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7. 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.
8. Severability: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of Execution within the
original intent of the parties hereto.
9. Modification and Breach: This Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes any other
agreement concerning the subject matter of this transaction, whether oral or
written. No modification, amendment, novation, renewal, or other alteration
of or to this Agreement shall be deemed valid or of any force of 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 and
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 express or
implied, shall not constitute a consent to, waiver of, or excuse for any other
different subsequent breach.
10. Binding: This agreement shall be binding on the heirs, successors, and assigns
of the parties. Failure to comply with the terms of this agreement on the part of Front
Range Feedlots, LLC may be grounds to revoke.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this 12th day of
August , 1998.
FRONT RANGE FEEDLOTS, LLC COUNTY OF WELD, STATE OF
COLORADO, by and through the
Board of County Commissioners of
Weld County
BY: BY: .ice. " _ �':����•s<:_ - _, �..�
Consta a L. :r i 2
` �,
ATTEST:
111111 VIII 111111 VIII IIII 1111111 VIII III 11111 Inn WELD COUNTY CLERK TO E
2634806 08/20/1998 02:47P Weld County CO
2 of 2 R 0.00 D 0.00 JA Sukl Tsukamoto BY:
DEPUTY CLERK TO THE BO'�o
Kit t: `�' m r
MEMORANDUM- . 2,
TO: Clerk to the Board DATE: August 7, 1998
COLORADO
FROM: Frank B. Hempen, Jr
Director of Public rk /County Engineer
SUBJECT: Agenda Item
Please place the following item on the Board's August 12, 1998, agenda:
Road Improvement Agreement between Weld County and Front Range Feedlots, LLC.
The appropriate documentation is attached.
board.mem
re t: ‘-'"*.N.N MEMORANDUM
lin TO: Board of County Commissioners DATE: August 7, 1998
II FROM: Frank B. Hempen, Jr.
ODirector of Public Works/County Engineer
• SUBJECT: Approval of Road Improvement Agreement with Front
COLORADO Range Feedlots (WCR 34 between 49 and 51)
Attached is an agreement with Front Range Feedlots (formerly Horton Cattle Companies) to
participate in an improvement project for WCR 34 between WCR 49 and WCR 51. This agreement
is the result of a development review and subsequent requirement to improve WCR 34 to an
asphaltic concrete driving surface.
As a part of the negotiations, it was recognized that Front Range Feedlots was not the sole
contributor to traffic on the roadway. Based on the ratio of their contribution of traffic on the
roadway, an agreement was reached to require them to pay 22% of the cost of the improvement.
In addition to the ratio of cost participation, it was agreed to cap their participation at S33,000.00 and
allow up to three years to reimburse the County for the work.
The balance of the project expenditures are budgeted in the Public Works 1998 Budget.
In conjunction with the paving project, the Board approved a stabilization project for WCR 34
between WCR 51 and WCR 53. The 1998 Budget includes sufficient funding for this project.
The department is prepared to complete both projects in 1998.
Action Required: Approval of the improvement agreement with Front Range Feedlots, TLC for
WC R 34 and authorization for the Chair to sign the agreement.
cc: WCR 34 file
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