HomeMy WebLinkAbout952104.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR IMPROVEMENT AND MAINTENANCE OF WELD
COUNTY ROAD 34 WITH AMOCO PRODUCTION COMPANY AND AUTHORIZE
CHAIRMAN TO SIGN - USR #1038
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 March 23, 1994, the Board approved a Site Specific
Development Plan and Special Review Permit #1038 for a natural gas processing facility on the
following described real estate, to -wit:
Part of the SE% of Section 8, Township 3 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to Condition of Approval #5 of said Resolution, the Board has been
presented with an Agreement for Improvement and Maintenance of Weld County Road 34 between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Amoco Production Company, USR #1038, commencing October 9, 1995, with
further 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 Agreement for Improvement and Maintenance of Weld County Road 34
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Amoco Production Company, USR #1038, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement.
952104
PL0951
de: PL) Amoco jPLL3
IMPROVEMENTS AGREEMENT FOR WCR 34 - AMOCO PRODUCTION COMPANY/USR #1038
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of October, A.D., 1995.
ff' _ ,txpfity Clerk to the Board
\ ��f
�)
rti !3\#".1k.(/ 1_p00,
QQA
Deputy CleVf to the Board
APP //D AS TO FO
ounty Attor ey
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FxriisFn
Dale K. Hall, Chairman
George E. Baxter
c� C
cis f.
W. H. Webster
952104
PL0951
AR24611932 AND MAINTENANCE OF WCR 34
2460932 B-1516 P-1111 10/25/95 01:16P PG 1 OF 4 REC DOC
Weld County CO Clerk & Recorder 0.00
AGREEMENT FOR IMPROVEMENT
THIS AGREEMENT is made and entered into this 9th day of October
1995 by and between the Amoco Production Company, hereinafter referred to as
"Amoco", with local offices located at the Fort Lupton Operation Center, Wattenburg
Gas Plant, 1909 Powhaton Road, Aurora, Colorado, County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, Colorado,
hereinafter referred to as "County", with offices located at 915 Tenth Street, Greeley,
Colorado 80631.
WITNESSETH:
WHEREAS, portions of WCR 34 from Highway 85 and running east to the "West
Plant" gas processing facility, hereinafter referred to as "the Haul Route" (as shown on
Exhibit "A"), require additional improvement and maintenance in part as a result of the
operation of the West Plant, and
WHEREAS, County and Amoco now desire to enter into an agreement whereby
the improvements and maintenance issues referred to above are addressed to the
satisfaction of both parties.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. TERM.
The term of this Agreement shall be from the date first written above to
and until abandonment of USR 1038 or paving of the Haul Route, or
termination of operation of the West Plant, whichever occurs first.
IMPROVEMENTS AND MAINTENANCE TO WCR 34.
A. Amoco will supply a sufficient quantity of gravel to cover the Haul
Route with Class 6 A.B.C. road base of 4 inches deep, 24 feet
wide.
B. Weld County will prep and grade the Haul Route prior to the
delivery of the gravel and provide a motor grader on site to spread
the gravel as delivered. Graveling of the road shall be completed
no later than November 15, 1995.
Page 1 of 3
2460932 B-1516 P-1111 10/25/95 01:16P PG 2 OF 4
C. Amoco shall apply adequate dust control measures as reasonably
prescribed by Weld County Public Works in front of the existing
residences along the Haul Route.
D. Weld County shall be responsible for general maintenance of the
Haul Route, including grading and snow removal.
E. Amoco agrees to contribute towards ongoing maintenance and
improvements ten years from the date of graveling pursuant to this
agreement, provided the West Plant is still operating at that time, in
an amount agreed upon by the parties based upon a fair share of
the cost of inch of gravel according to the type and amount of
traffic generated by the West Plant.
3. 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.
4. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the 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 in this Agreement shall give or allow any claim or right of action
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 an incidental beneficiary only.
5. MODIFICATION AND BREACH.
This Agreement contains the entire agreement and understanding
between the parties to this Agreement and supersedes any other
agreements 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 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 and signed by the party claimed to have waived
Page 2 of 3
952104
2460932 B-1516 P-1111 10/25/95 01:16P PG 3 OF 4
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 or subsequent breach.
6. NO WARRANTY.
Neither County nor Amoco, by virtue of their entering into this Agreement
and upon their promises to perform the work described herein, make
warranties, either express or implied, that the improvement work and/or
maintenance of these roads meet standards other than those generally
required for counties and cities of the size and type similar to County.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this
9th day of October , 19 95 .
ATTEST:
ILO Mt
Ma,
mot-
l r �, deputy
Clerk to the
M:\WPFILES AGREEWMOCO.WI
AMOCO P$,ODUCTION COMPANY
By:
Asset Manager
COUNTY OF WELD, STATE OF
COLORADO, by and through the Board
of County Commissioners of Weld
County
,n
By '%L4 4_e/Az,z/;tn--
arbara J. Kirkme er ,1O/0 '95
Chairman Pro-tem
Page 3 of 3
952104
d 'f i V `
�, E
a l'
d \A _ � I
PHONE No.
O
F-
'C
EXHIBIT
3 I
c 1fr
o I I
E-i
�
Z
V�
O
ZrZ ,
Q
3-
n
0 f
L :' j/
•1 J
o �f
'T 9C3
i <I /•
J
ill , •; ��
7r. N�
n � l
•
I v-IIIp
r;\! I AA
2460932 B-1516 P-1111 10/25/95 01:16P PG 4 OF 4
RECORDERS"
THIS DOCU-.
TOBEINAD R
S .ANEir`. OR f71C J :IJG
FU ? OSES..
952194
Hello