The URL can be used to link to this page

Home My WebLink AboutC06-265 TIPPING FEE AGREEMENT BETWEEN B&B EXCA V A TING INC. AND EAGLE COUNTY, COLORADO THIS AGREEMENT is made and entered into the 29th day of August, 2006, nunc pro tunc August 1, 2006 by and between Eagle County, a body politic and corporate of the State of Colorado acting by and through its Board of County Commissioners (the "County") and B&B Excavating Inc., a Colorado corporation ("B&B"). RECITALS WHEREAS, the County is the owner of certain property located in the West Half (W Y2) of the Northeast Quarter (NE 1,4) and the Southeast Quarter (SE 14) of the Northwest Quarter (NW 14) of Section 5, Township 5 South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado (the "Property") which property contains significant areas that require fill; and WHEREAS, B&B's restoration efforts officially expire on July 31,2006; and WHEREAS, B&B has agreed to negotiate a one-year extension of the restoration project with the Mine Land Reclamation Board; and WHEREAS, the County and B&B agree that reclamation of the Property is essential to restore and enhance the conservation values and that said reclamation shall be accomplished in a manner that is not inconsistent with enhancement of the Conservation Easement, by no later than July 31,2007; and WHEREAS, soil importation to the gravel pit continues as a part of B&B' s site restoration responsibilities and over the course of the next year, soil will continue to be imported and placed by B&B to provide topography, features and improvements (access road, trails, parking area), as directed by the County via an approved site plan; and WHEREAS, B&B will charge a tipping fee for all the soil that will be imported from the various construction sites located within Eagle County; and WHEREAS, B&B desires to pay the County a portion of the tipping fees; and WHEREAS, the parties desire to have this agreement ("Tipping Fee Agreement") be effective as of August 1,2006. NOW THEREFORE, it is mutually understood and agreed by and between the parties as follows: r i 1. Payments. (a) Tipping Fee. The portion of any tipping fee for all imported soil, dirt and fill material imported to the property shall be made to the County at a price of $1.25 (one dollar and twenty-five cents) per ton. B&B shall keep accurate records of all soil, dirt, and fill material imported to the Property and shall furnish the County with an accounting of soil, dirt and fill material imported to the Property on a monthly basis. (b) Payment of Tipping Fee. On or before the 15th day of each month, B&B shall pay the County for all soil, dirt and fill material imported to the Property during the previous month. 2. Term. (a) Unless sooner terminated as provided for herein, this Tipping Fee Agreement shall be for a term of one year beginning on the first day of August 1, 2006, and ending on the 31st day of July, 2007. (b) Either party, with or without cause, may terminate this Tipping Fee upon giving thirty days prior written notice of such termination to the other party. 3. Coordination of Activities. The parties hereto agree that they shall cooperate in the location of any roads and other improvements on the Property so as to avoid hindrance of or interference with the convenient use of the subject Property or with operations covered by the Tipping Fee Agreement and for operations of the County not related to this Tipping Fee Agreement. 4. Independent Contractor. (a) With respect to the provision of this Agreement hereunder, B&B acknowledges that B&B is an independent contractor providing soil, dirt, and fill material to the Property. Nothing in this Agreement shall be deemed to make B&B an agent, employee, partner or representative of County. (b) B&B shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of the Board of County Commissioners. (c) At all times during the term of this Agreement, B&B shall maintain the following insurance: Tvoe of Insurance Professional Liability !workers' Compensation Covera!!e Limits $1,000,000 minimum Statutory limits All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. B&B shall deliver certificates of required insurance to the County within fifteen (15) calendar days of execution of this Agreement by the Board of County Commissioners. 5. Indemnification. To the extent permitted by law, B&B shall indemnify, defend and hold the County harmless from and against any and all claims arising from B&B' s use of the Property or from the conduct of any activity, program or thing that may be permitted or suffered by B&B in or about the Property, except that neither B&B, the Board of County Commissioners, its agents, its employees or assigns will be liable under this paragraph for any claims, loss, damage, cost, charge or expense arising out of any negligent act by the County or any of its officers, agents or employees during the performance of this Agreement. The parties agree that nothing contained herein waives or is intended to waive any protections that may be applicable to the County under the Governmental Immunity Act, ~24-1O-101 et. seq., C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws. 6. General Provisions: (a) Any notices provided for herein shall be in writing and shall be delivered in person or mailed by certified or registered mail, return receipt requested, postage pre- paid, to the party for whom intended at the address set forth below: Eagle County Attorney's Office Eagle County Building Post Office Box 850 Eagle, Colorado 81631 B&B Excavating Company Jason Burkey (b) All the covenants, conditions, and provisions in this Tipping Fee Agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. (c) This Tipping Fee Agreement shall be construed under the laws of the State of Colorado. Venue is Eagle, Colorado. Any covenant, condition, or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Tipping Fee Agreement, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the County or B&B in their respective rights and obligations contained in the valid covenants, conditions, or provisions of this Tipping Fee Agreement. (d) All amendments to this Tipping Fee Agreement must be made in writing by mutual agreement of the parties, and no oral amendments shall be of any force or effect whatsoever. (e) The clause headings appearing in this Tipping Fee Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they appertain. (f) This Tipping Fee Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not contained herein are hereby withdrawn and annulled. IN WITNESS WHEREOF, the parties hereto have executed this Tipping Fee Agreement this 29th day of August, 2006 nunc pro tunc August 1,2006. ATT~~ /:~ By:~ . Teak J. Simonton, lerk to the Board of County Commissioners " ~~ ;~vTL. COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COU Y MISSIONERS , -- ATTEST: STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) ~I The foregoing instrument was acknowledged before me this 3/ day AtJtlJsr ,2006, by t4v,;;w /4CK , as (",DO of B & B Excavating, Inc. My commission expires: ~/2t/D7 Witness my hand and official seal. My Commission &pires 05I2BI2JJ07 G:\WM\Tipping Fee Agreement BB.doc