HomeMy WebLinkAbout790335.tiff RESOLUTION
RE: APPROVAL OF SUPPLEMENTAL AGREEMENT TO SANITARY LANDFILL CON-
TRACT AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME.
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 6th day of June, 1979 , the Board of County
Commissioners approved the Sanitary Landfill Contract between
Weld County, Colorado and Colorado Landfill, Inc. , and
WHEREAS, a Supplemental Agreement to said Sanitary Landfill
Contract has been prepared and presented to the Board of County
Commissioners which modifies the Sanitary Landfill Contract, and
WHEREAS, the Board of County Commissioners deems it advisable
to approve the Supplemental Agreement to the Sanitary Landfill
Contract and further to authorized the Chairman to sign the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Supplemental Agree-
ment to the Sanitary Landfill Contract be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of the
Board be, and hereby is, authorized to sign the same.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
July, A.D. , 1979 .
/� �• BOARD OF COUNTY COMMISSIONERS
ATTEST: (� n/ WELD COUNTY, COLORADO
/�
Weld County Clerk and Recorder �ye,)
?ntd Clerk to the Board Norman Carlson, Chairman
D puty County r$ •Ly i Dunbar
AP ED AS TO FOR:::" C am ,/ (Aye)
County Attorney � ,,,,,� >E•
fy_ o6; .e (Aye)
Leonard L. Roe
(ABSENT)
June K. Steinmark
DATE PRESENTED: JULY 25, 1979
PL0632
790335
SUPPLEMENTAL AGREEMENT
TO
SANITARY LANDFILL CONTRACT
SUPPLEMENTAL AGREEMENT, made and entered into this 25th
day of _ July , 1979, by and between WELD COUNTY COLORADO,
hereinafter referred to as "County" and COLORADO LANDFILL, INC. ,
a Colorado corporation, hereinafter referred to as "Landfill" .
WHEREAS, a certain Agreement entitled Sanitary Landfill
Contract, was entered into between the parties hereof on the
6th day of June, 1979 , under which "Landfill" is to operate and
maintain various solid waste landfill, dump and disposal facili-
ties throughout Weld County, Colorado, and
WHEREAS, it has come to the attention of the parties that
in order for "Landfill" to obtain appropriate financing for the
improvements required at certain landfill sites, and in order
finance "Landfill" operation it is necessary that the
Agreement entered into between "County" and "Landfill" on the
6th day of June, 1979 be modified.
NOW, THEREFORE, that Agreement dated the 6th day of June,
1979 and entered into between Weld County, Colorado and Colorado
Landfill, Inc. , shall be, and hereby is, modified, altered and
changed in the following respects only:
By eliminating and striking out from said Agreement the
word "seven (7) " in the paragraph on page 1, immediately under
"RECITALS" and inserting in its place the word "twenty (20) " so
that such paragraph shall read as follows :
RECITALS
"The parties to this Agreement hereby agree that "Landfill"
shall operate and maintain various solid waste landfill, dump
and disposal facilities throughout Weld County, Colorado, and
it is further agreed that there will be only one (1) operator
certified to operate dumps and landfills in said County and
further that "Landfill" will operate these dumps and landfills
in Weld County, Colorado, beginning on the 1st day of June, 1979,
and extending for a period of twenty (20) consecutive years under
the following terms and conditions, to-wit: "
Also by eliminating and striking out from said Agreement
in paragraph 24 on page 8 the word "seven (7) " and inserting in
its place the word "twenty (20) " and in that same paragraph 24 ,
eliminating and striking the word "1986" and inserting in its
place the word "1999" so that such paragraph shall state as fol-
lows:
"(24) For and in consideration of the covenants and con-
ditions of this Agreement, "County" will assign to Colorado
Landfill, Inc. existing contracts with Weld Landfill, Inc. ,
subject to the approval of Weld Landfill, Inc. , excluding the
Erie landfill site and designation. Immediately thereafter,
the existing contract between "County" and Weld Landfill, Inc. ,
will be terminated and this new contract entered into between
"County" and "Landfill" . The term of this new Agreement shall
commence June 1, 1979, and be in effect for a period of twenty
(20) consecutive years terminating on June 1, 1999. It is the
determination of "County" that such a long-term contract is
reasonable and necessary due to the substantial investment by
"Landfill" , especially as related to the construction of
transfer sites. "
Also by eliminating and striking out in paragraph 27 on page 9 of
said Agreement the word "$100, 000. 00" and inserting in its place
"$150, 000. 00" and further by striking out the word " $300, 000. 00"
and inserting in its place the word "$400, 000. 00" so that such
paragraph shall state as follows:
"Landfill" shall furnish the "County" a certificate evi-
dencing that it has and in force liability insurance with the
following minimum amounts : $150, 000. 00 liability per person,
$4000, 000. 00 per accident, and $25, 000. 00 property damage, for
the period of this Agreement. In addition, to insure perfor-
mance of this contract, "Landfill" shall give a License of
Performance Bond or mutually acceptable letter of credit in
the amount of Fifty Thousand Dollars ($50, 000. 00) guaranteeing
that "Landfill" will meet the requirements of this Agreement.
It is agreed that the liability insurance requirements can be
reviewed annaually at the same time the rate structure is
reviewed. "
IN WITNESS WHEREOF, the parties hereto have hereunto executed
this Supplemental Agreement and have hereunto set their hands and
seals the day and year first above written.
ATTEST: tA. 24uniit;v BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County dlerk and Recorder
and Clerk to the Board �-tom, -�a-8 ,
Chairman
14 ci/
Deputy
AP ROV AS TO FORM: l COLORADO LANDFILL, INC.
nit— 7,----- - / BY: C, a' le% ee9
County Attorney Presidailt
�/ 7 .-'" /
APPR �ED: ATTEST:/ . ,,,c4
/ Secretary
C y in c fficer
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