HomeMy WebLinkAbout20200772.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PAYMENT OF OVERDUE SURCHARGES AND
INTEREST AND AUTHORIZE CHAIR TO SIGN - CH2E COLORADO, LLC
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 an Agreement for Payment of Overdue
Surcharges and Interest between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Departments of Planning
Services and Public Health and Environment, and CH2E Colorado, LLC, commencing upon full
execution of signatures, and ending June 30, 2020, 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 Payment of Overdue Surcharges and Interest
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Departments of Planning Services and Public
Health and Environment, and CH2E Colorado, 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of March, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dactAav •.aCl1D%‘,k,
Weld County Clerk to the Board
my Attorney
Date of signature: o3/I' /2-0
Mike Freeman, Chair
Kevin D. Ross
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2020-0772
PL0456
AGREEMENT
FOR PAYMENT OF OVERDUE SURCHARGES AND INTEREST
THIS AGREEMENT ("Agreement") is made and entered into this day of
2020, by and between CH2E Colorado LLC, a limited liability company of the State of Colorado,
whose address is 12311 WCR 41, Hudson, CO 80642, hereinafter referred to as "CH2E," and the
County of Weld, State of Colorado, by and through the Board of County Commissioners of the
County of Weld, Colorado whose address is P.O. Box 758, 1150 "0" Street, Greeley, Colorado
80632, hereinafter referred to as "Weld County."
WITNESSETH:
WHEREAS, at present, CH2E operates a Tire Mono -fill and Tire Recycling Facility in Weld
County, Colorado pursuant to state statute for a solid waste disposal site, Certificate for Designation,
and the use by special review permit 7MUSR16-89-842 obtained by Weld County, and
WHEREAS, Weld County seeks to collect overdue surcharges pursuant to Article 16,
Section 16-11 of the Home Rule Charter for the County of Weld, and Chapter 5, Article III of the
Weld County Code, and
WHEREAS, CH2E agrees that it has not paid the surcharges required by the Weld County
Charter and Code and is subject to the 1.5% simple interest per month on the late payment amount,
and
WHEREAS, CH2E and Weld County agree to enter into this agreement in order to maintain
a non -litigious relationship as long as CH2E makes payments pursuant to this Agreement.
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
such time as the total payment for overdue surcharges and interest described is completed,
but no later than June 30, 2020.
2. ACKNOWLEDGEMENT: CH2E agrees that it owes Weld County $73,138.86 in overdue
surcharges and interest as of December 31, 2019.
3. DESCRIPTION OF PAYMENT PLAN: Completion of the all overdue surcharges and
interest will be on or about June 30, 2020. CH2E must stay current on all monthly payments
for surcharges and interest due in addition to its regular monthly payment obligations.
4. PAYMENT BY CH2E: CH2E agrees to the following payment plan:
Page 1 of 3
a77�
Date Payment
3/9/2020"$9,113.88
4/1/2020 $3,600.00
5/1/2020 $3,600.00
6/1/2020 $3,600.00
All overdue surcharges
6/30/2020;
and inetest paid in full
5. DEFAULT: A default shall include any missed monthly payment of overdue surcharges and
interest as set forth in this Agreement. A default shall also include any new missed
surcharge payments that CH2E is obligated to pay monthly as of the signing of this
agreement. If CH2E defaults or breaches this Agreement, Weld County shall seek a
judgment for the total amount owed.
6. ENTIRE AGREEMENT: This writing constitutes the entire Agreement between the parties
hereto with respect to the subject matter herein, and shall be binding upon said parties, their
officers, employees, agents and assigns and shall inure to the benefit of the respective
survivors, heirs, personal representatives, successors ands assigns of said parties.
7. 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 the 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 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: 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,
notation, 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.
10. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties'
representatives at the addresses set forth below:
CH2E:
Jamie Kostura, COO
CH2E Colorado LLC
12311 Weld County Road 41
Hudson, CO 80641
Page 2 of 3
WELD COUNTY:
Ben Frissell, Co -Director
Environmental Health Services
1555 N. 17th Avenue
Greeley, CO 80632
Phone: +1 610-762-9065 Phone: 970-400-2220
11. NO WAIVER OF GOVERNMENTAL IMMUNITY: No term or condition of this
Agreement shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
12. BREACH: If any legal action or other proceeding of any kind is brought for the enforcement
of this Agreement or because of a default or misrepresentation by CH2E, Weld County shall
be entitled to recover all fees and other costs incurred in such action or proceeding, in
addition to any other relief to which Weld County may be entitled. No breach of any term,
provision, or clause of this Agreement shall be deemed waived or excused, unless such
waiver or consent is 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 or
subsequent breach.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of
the day and
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year
ffirrst he` reinabovewritten.
ATTEST: JCIl ;ti BOARD OF COUNTY COMMISSIONERS
WELD OUNTY Clerk to the Board WELD COUNTY, COLORADO
B
CH2E COLORADO LLC
By:
Robert Zecher, CEO
Page 3 of 3
Mike Freeman, Chair
MAR 0 4 2020
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