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HomeMy WebLinkAboutC96-072 C.J.C. Properties LTD6�G U Z U 0 A M w a� 010 0 U .—i N a� ax co �+ W io U 0 CD -P rn � o oU �r a� C:) r+ un Cd tw 0 a LO 14 CD to Cd t $-4 00 cd LnEn ROA. AAINTENANCE AGREEMENT BE l EEN EAGLE COUNTY AND THE UTE CREEK PLANNED UNIT DEVELOPMENT C"96 TP51. This Agreement is made and entered into this 2a day of 1996, by C. J. C. PROPE TEES, LTD., a Colorad Lirm*teq Liability Co oration ("Owner") whose address is % 1�, Gr,°D OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO. WITNESSETH: WHEREAS, Owner owns real property more specifically described as The Ute Creek Planned Unit Development, recorded in Plat Book �, a 1 , at Paged (p , of the Eagle County, Colorado records (hereinafter referred to as the "Property"), which Property shall be developed primarily as a contractor's outside storage yard, along with other uses as described in the The Ute Creek Planned Unit Development Guide as approved by the Board of County Commissioners pursuant to Resolution No. 5 - 72 recorded in Book 669 at Page 891 Reception No. 565911 of the Eagle County Clerk and Recorder's Office. WHEREAS, access to the property is partially along a road (known as Eagle County Road No. 49) currently maintained and supervised by Eagle County. WHEREAS, it is the intent and desire of both parties to this agreement to cooperate in the future maintenance and repair of said road on a pro rata basis determined by actual use of the parties. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner and Eagle County hereby covenant and agree as follows: A. Gates The existing gate located on Road 49 near Highway 131 is to remain in place. It will be operated by separate locks; one under the complete control of Eagle County, which also allows Upper Eagle Valley Consolidated Sanitation District its use; and one controlled by authorized leasehold users of the storage facility. Eagle County and Ute Creek will each monitor use and be open for further discussions and operational adjustment if problems occur. 2. The existing gate near the landfill entrance will remain in place and continue to be controlled by Eagle County. Ute Creek will construct a gate to control access to its facility. A location will be selected by Ute Creek to be reviewed and approved by Eagle County and the Bureau of Land Management. It is suggested that it should be located near one of the gulches which will help to physically restrict uncontrolled access. �.l R WW C Di Road Improvements Ute Creek will be responsible for construction of a gravel road including dust control measures from Road 49 to its facility in accordance with plans approved by Eagle County in the P.U.D. process. 2. Projected traffic counts based on use, operation and phasing of the Ute Creek facility will be provided to Eagle County. Eagle County keeps records of all traffic related to use of the land fill. Upon joint analysis, a plan for future improvements will be developed with a subsequent cost Cn sharing arrangement based on attributable impacts. rn Road maintenance: Similar to the above listed cost sharing arrangement, an analysis of � attributable traffic will be jointly completed. This is to be based on the use pattern and phasing of Ute Creek, along with traffic presently using the land fill and projected future use. As a baseline figure, the 1995 average b number of vehicle movements per day was 150 (a vehicle movement can be counted in either direction along the road). 2. A program to monitor the use based on actual experience is key to thisCD agreement. Ute Creek will minimize traffic due both to its permitted uses o and lease agreements. It is anticipated that in the course of time a greater level of use will occur on both facilities. Therefore, actual traffic counts rn will be made, analyzed jointly and a cost sharing program revised as o necessary. It is suggested that a review and any necessary adjustments be made on a yearly basis. b 3. Eagle County will notify Ute Creek in advance of pending dust control � applications. Ute Creek will arrange for dust control treatment on the Lv portion of the road it uses solely - Electric Service 0 W 1. Ute Creek agrees to follow the standard cost sharing arrangement instituted by Holy Cross Electric Association to reimburse a pro rata share of the cost the County paid to extend the line. Ute Creek will be fully responsible for the cost of the further extension of the line. 2. The Bureau of Land Management has required that the line be placed along the proposed road to the Ute Creek Facility. 3. It is anticipated that if and when a major trash processing facility is constructed, three phase electrical power will be needed. Ute Creek would be responsible for such extension. The BLM has required that, at the time a three phase line is installed, the single phase line be removed and the three phase line be put in its place along the access road. IN WITNESS HEREOF, the parties hereto have executed this instrument on this date and year above first written. C. J. C. PROPERTIES, LTD BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO By: By: v G� Chris P. Jou s Chairman STATE OF COLORADO ) ss. COUNTY OF EAGLE ) This instrument was acknowledged before me this day of 1996, by Chris P. Jouflas. Witness my hand and official seal. My commission expires: My commission expires 11/21/98 w NotaryPublic 61 STATE OF COLORADO ) ss. COUNTY OF EAGLE ) This instrument was acknowledged b fore me this day of� 1996, by _ as Chairman =, of the Board of County Commissioners of Eagle County, Colorado. Witness my hand and official seal. My commission expires: f'o/t S q {v �� - - Notary Public s 587665 B-691 P-667 04/04/96 05:46P PG 3 OF 3