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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item — Approve Assignment of Improvements Agreement for:
Hall -Irwin Aggregates, LLC — USR-1316
DEPARTMENT: Public Works DATE: 5/3/2018
PERSON REQUESTING: Evan Pinkham
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Brief description of the issue:
The Department of Public Works received a request from Hall -Irwin Aggregates, LLC, requesting that the Board
of County Commissioners consider approving the assignment of Improvements Agreement for the gravel mining
operation (USR-1316).
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -
mentioned signed original document and observed the following:
All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy
Regarding Collateral For Improvements", are found to be acceptable.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed onthe next available agenda as part of the Regular. Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements for USR-1316, and that this item be placed on the next regularly scheduled BOCC
I tearing, as part of the Consent Agenda.
Approve
Recommendation
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Schedule as Regular
BOCC Hearing Item Other/Comments:
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2018-1569
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CONSENT TO ASSIGNMENT OF LONG TERM ROAD MAINTENANCE AGREEMENT
BURNCO Colorado, LLC -- LaPoudre Sand and Gravel Mine (USR-1316)
THIS CONSENT TO ASSIGNM NJ of Lon Te m Road Maintenance Agreement
("Consent") is entered into this day of 2018 between the
County of Weld, a body corporate and politic of the ate of Colorado, by and through
its Board of County Commissioners, 1150 "O" Street, Greeley, Colorado 80631
(hereafter, "County"); Hall -Irwin Corporation, 301 Centennial Drive, Milliken,
Colorado 80543 (hereafter "Assignor"); and Bestway Concrete Company, n/k/a
BURNCO Colorado, LLC, 301 Centennial Drive, Milliken, Colorado 80543 ("Assignee"),
and is based upon the following facts:
WITNESSETH:
WHEREAS, Assignor and County are parties to the Long Term Road Maintenance
and Improvements Agreement dated August 16th, 2001 relating to the LaPoudre Sand
and Gravel Mine (USR-1316) (the "Agreement"); and
WHEREAS, since February 17, 2017 (the "Transfer Date"), the Project described
in the Agreement has been owned and operated by Assignee, including the
reclamation permit issued by the State of Colorado Division of Reclamation Mining and
Safety ("DRMS"); and
WHEREAS, Assignee has performed the obligations of Assignor since the
Transfer Date and has agreed to assume full responsibility for the obligations of the
Assignor under the Agreement; and
WHEREAS, the parties desire to transfer Assignor's duties and obligations to
Assignee and to release Assignor from the Agreement.
NOW THEREFORE, in consideration of the above facts and the mutual promises
set forth below, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Assignor hereby assigns to Assignee all of Assignor's right, title and interest in
and to the Agreement, and delegates to Assignor all of Assignor's duties and obligations under
the Agreement, effective as of the Transfer Date.
2. Assignee hereby accepts assignment of Assignor's rights under the Agreement
and agrees to assume, perform and discharge all of Assignor's duties and obligations under
the Agreement, effective as of the Transfer Date.
3. County hereby consents to the assignment and delegation of the Assignor's
rights and obligations under the Agreement to Assignee, and agrees to substitute Assignee for
Assignor as the Applicant and responsible party under the Agreement as of the Transfer Date.
4400396 Pages: 1 of 2
05/18/2018 02:59 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO 1
VIII MI,PIllh:LiNliA III 020 /t / b '
IN WITNESS WHEREOF this Agreement has been executed by the parties as of
the date first written above.
HALL-IRWIN CORPORATION
Attest: dailiddv jel.0;e1
WELD COUNTY CLERK TO THE BOARD
By:
Deputy Clk to the Bo
By:
Name: Bret Hall
Title: Vice -President
BURNCO COLORADO, LLC, f/k/a BESTWAY
CONCRETE COMPANY
By: * [.(iku
Name: Cliff Hahne
Title: President
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By:
Name: Steve Moreno
Title: Chair
2
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Carly Koppes, Clerk and Recorder, Weld County, CO
'.'irh 1 II
MAY 142rjS
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RESOLUTION
RE: APPROVE LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - HALL-IRWIN CORPORATION
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 Department of Public Works,
and Hall -Irwin Corporation, 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 Department of Public Works, and Hall -Irwin
Corporation 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 5th day of September, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CO V Y, COLORADO
ATTEST:
Weld County Clerk to th
BY:
Deputy Clerk to the
APPROVE D AS T
ty • orn
Date of signature:
Fe; p(.O , NG& LkUJ )
eile, Ch 'r
Glenn V
Willi
. Jerke
David E. Long
9
F SI
EXCUSED DATE O ING
Robert D. Masden
(AYE)
2001-2503
EG0041
Wake
COUNTY OF WELD, STATE OF COLORADO
216
LONG TERM ROAD MAINTENANCE
AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this /to day of e,S� ,
and between the Count of Weld, State of Colorado, hereinafter called " ount and
2001, by yy ,
Hall -Irwin Corporation), hereinafter called "Hall -Irwin."
WHEREAS, Hall -Irwin has received approval of Use by Special Review Permit #1316
(the "USR Permit")from the Weld County Commissioners for gravel mining and plant
operations, located in the NE 1 /4NW 1 /4 and NW 1 /4NE 1 /4 of Section 19, Township 6 North,
Range 67 West of the 6`h P.M., Weld County, Colorado (the "LaPoudre Sand and Gravel Mine"),
and
WHEREAS, the Weld County Commissioners conditioned approval of the USR Permit
on having an improvements agreement for Weld County Road 13 in place at all times.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, County and Hall -Irwin mutually agree as follows:
1 . Hall -Irwin agrees to provide a maintenance plan as provided in this Agreement on the
following described road: From the entrance of the LaPoudre Sand and Gravel Mine on
Weld County Road ("WCR") 13 to the south edge of the intersection of Colorado State
Highway 392 (the "Maintained Road").
2 . Hall -Irwin agrees to excavate, repair, or patch any damage on the Maintained Road that
has been created by heavy truck hauling from the LaPoudre Sand and Gravel Mine as
reasonably determined by the Weld County Director of Public Works or his designee.
There will be an annual inspection in the spring of the roadways to determine actual
conditions and what work is to be performed that summer if any repairs are needed.
3. At any time when the LaPoudre Sand and Gravel Mine is operational and when road
damage to the Maintained Road has increased beyond the point that repair or patching
can reasonably restore the road, Hall -Irwin will cooperate with County in the
reconstruction of those parts of the Maintained Road.
4. When reconstruction is required, Hall -Irwin shall pay a proportional share of the cost to
reconstruct the Maintained Road. The proportional cost shall be shared based on the
number of trucks from the LaPoudre Sand and Gravel Mine divided by the total number
of vehicles utilizing the Maintained Road over a period of at least three months. The
County and Hall -Irwin shall provide any traffic studies made by them in making such
determination.
5. The County will provide testing and inspection for the construction.
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6. The County will reimburse Hall -Irwin for the cost of the AC -10 liquid asphalt required to
manufacture the hot bituminous pavement.
7. Prior to execution of this Agreement, Weld County and Hall -Irwin will inspect
Maintained Road to insure that Hall -Irwin will not be responsible for damage previously
incurred.
S. This Agreement may not be assigned in whole or in part by either party hereto without
the written consent of the other party. Such consent will not to be unreasonably withheld,
conditioned, or delayed.
9. If any clause or provision of this Agreement is illegal, invalid, or unenforceable, then it is
the intention of the parties that the remainder of this Agreement shall not be affected.
10. Should Hall -Irwin sell its operation, cease operating, file bankruptcy, or in any way
release ownership or responsibility of the permitted property, this Agreement, as set forth
herein, shall be terminated. If the aforementioned release should occur, Hall -Irwin shall
give a minimum notice of ninety (90) days to the County before the date of termination.
If the aforementioned release should occur, the County shall have the option of
immediately terminating this Agreement. Notwithstanding the terms of this paragraph,
the requirements of USR-1316 shall not be waived by the terms of this paragraph and the
failure to have a maintenance Agreement in effect may be grounds to revoke USR-1316.
11. All construction and materials controls for a project will be in accordance with the
current Standard Specification for Road and Bridge Construction, as supplemented or
revised, provided by the Colorado Department of Transportation. During construction
signage shall be posted in accordance with the most current Uniform Manual on Traffic
Control Devices.
12. 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 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
deemed an incidental beneficiary only.
13. By entering into this Agreement, the parties do not intend, either expressly or implicitly,
to create a joint venture or partnership. Except, as provided herein, neither party shall
have the right or authority to act for, or on behalf of, or to enter into any obligations
which are binding on the other party to this Agreement.
14. All notices to be given under this Agreement shall be in writing and delivered in person,
or mailed by certified or registered U. S. Mail, or sent by a nationally recognized
overnight delivery service, to the party to receive such notice at the following addresses:
C:\WINDOWS\TEMP\Agaernent.BL.6-22-0] .doc
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F
Weld County Board of Commissioners (County)
PO Box 758
Greeley, CO 80632
Hall -Irwin Corporation
3026 4th Avenue, PO Box 2150
Henderson, CO 80632
(Hall -Irwin)
All notices shall be effective upon receipt by the party to receive such notices, or
by the third day following deposit of said notice in U. S. Mail, or the first day following deposit
of acknowledgement of refusal of delivery of said notice.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day
and year first above written.
Attest:
Attest:
Weld County Clerk to
By
Deputy Clerk to th
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Hall -Irwin Corporatio
By
Bret Hall, Its Vice President
BOARD OF CO
Y COMMISSIONERS
WELD COUNTY . ` OLORADO
By _
J Gei e, Chair (09/05/2001)
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