HomeMy WebLinkAbout992009.tiff RESOLUTION
RE: APPROVE SUPPLEMENTAL ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CAMAS COLORADO, INC.
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 October 28, 1998, the Board approved a Site Specific
Development Plan and Third Amended Use by Special Review Permit #877, for Camas
Colorado, Inc., on the following described real estate, to-wit:
Parts of Sections 7 and 8, and parts of Sections 17
and 18, Township 2 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 Supplemental 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 Camas Colorado, Inc., 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 Supplemental 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 Camas Colorado, Inc., be, and hereby is,
approved.
Pt CGLr YILL S 992009
PL0468
IMPROVEMENTS AGREEMENT - CAMAS COLORADO, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of August, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
n WELD COUNTY, COLORADO
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992009
PL0468
SUPPLEMENTAL ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT
THIS SUPPLEMENTAL ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT is
entered into on June . , 1999 by and between the COUNTY OF WELD, STATE OF
COLORADO ("County") and CAMAS COLORADO, INC., an Indiana corporation ("CAMAS"):
Recitals
1. On June 3, 1992, the County, C & M Ready Mix Concrete Company Of Boulder, Inc.
("C & M") and Western Mobile, Inc. have previously entered into a Road Maintenance And
Improvements Agreement and a Long Term Road Maintenance and Improvements Agreement
("Original Agreements").
2. As the result of various business asset acquisitions and corporate mergers, CAMAS has
acquired the business and assets of C & M, including land use and mining permits known as
USR 877 (Distel Farm) and USR 1046 (Tull Farm) and is the successor in interest to C & M
under the Original Agreements.
3. The parties intend by this Supplemental Agreement to provide for additional road
maintenance and improvements in areas not provided for in the Original Agreements.
4. The parties do not intend by this Supplemental Agreement to alter, amend or otherwise
affect the rights and obligations of the parties under the Original Agreements.
Provisions
5. The parties acknowledge that CAMAS, at its expense, has satisfactorily repaired County
Road 20-1/2 from the Distel Plant haul road west to County Road (the "Distel/201/2 Section") by
excavating potholes and distorted areas of pavement, along with unsuitable subgrade materials,
and repaired such sections with four (4) inches of hot bituminous pavement and aggregate base
as required to replace unsuitable subgrade to the standards approved by the Weld County
Department Of Public Works, with all construction and materials in accordance with the
Colorado Department Of Transportation (formerly State Department Of Highways) Standard
Specifications For Road And Bridge Construction 1991 (as supplemented or revised by CDOT).
During construction, signage shall be posted in accordance with the Uniform Manual of Traffic
Control Devices.
6. The intersection of the Distel Plant haul road and County Road 20-1/2 shall be modified,
as depicted on Exhibit "A" hereto, as follows:
a. The presently existing forty-five (45) degree off-ramp lane shall be removed and
the presently existing configuration of the intersection shall be replaced
with a ninety (90) degree, two-way intersection having forty (40) foot
turning radii, per Ordinance 180, Appendix"B" (Commercial Access.)
b. An acceleration lane shall be installed.
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7. The work referred to in Section 6, above, shall be completed by the end of the 1999
construction season.
8. CAMAS shall pay one hundred percent (100%) of the expenses related to the road
repairs referred to in Section 6, above.
9. Upon the completion of the road improvements provided for in this Supplemental
Agreement, CAMAS shall be deemed to have complied with the road maintenance and
improvement obligations set forth in the permits referred to in Section 2, above.
10. CAMAS is required to share in reasonable future maintenance and improvements along
the Distel/20-1/2 Section when such maintenance is related to its hauling impacts.
11. The County shall, to the best of its ability within the restrictions of the law, require future
aggregate, asphalt and ready-mix concrete operators ("Operators") that use the Distel/20-1/2
Section to participate in the costs of repairing and maintaining the same.
12. Upon notification by the County, CAMAS and such other Operators as may use the
Distel/20-1/2 Section shall examine the Distel/20-1/2 Section and determine a plan for the
maintenance and improvements that are required.
13. Upon determining what maintenance and improvements are required. a separate
agreement shall be drawn detailing the work to be done and how the costs are to be
shared.
14. It is anticipated that CAMAS and other Operators using the Distel/20-1/2 Section will
perform the work and share in the equipment, labor and materials required. Any sharing done
between the Operators shall be in separate agreements.
15. If Weld County does not require Operators other than CAMAS who are using the
Distel/20-1/2 Section to share a reasonable portion of maintenance and improvements, the
County shall be responsible for that portion.
16. If CAMAS does not participate as outlined in this Agreement, (i) CAMAS shall be
deemed to have violated its permit, (ii) the County may hold a probable cause hearing pursuant
to the Administrative Manual to consider revocation of the CAMAS special review permit, and
(iii) the County, at its option, may take remedial measures within a reasonable amount of time.
IN WITNESS WHEREOF the parties have duly executed this Supplemental Agreement on the
date set forth above.
CAMAS COLORADO,ag.,(Z;
INC.
By:
Richard M. Mergers,
Vice President & Gen I Manager
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