HomeMy WebLinkAbout20133443.tiffRESOLUTION
RE: APPROVE LEASE AGREEMENT FOR TEMPORARY STORAGE AND AUTHORIZE
CHAIR TO SIGN - TOWN OF GILCREST
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 Lease Agreement for Temporary
Storage 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 the Town of
Gilcrest, commencing December 10, 2013, and ending January 15, 2015, with further terms and
conditions being as stated in said lease agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease 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 Lease Agreement for Temporary Storage between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Public Works, and the Town of Gilcrest, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of December, A.D., 2013, nunc pro tunc December 10, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNOLORA DO
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ATTEST:
Weld County Clerk to the Board
BYf6/ '
APP
Deputy "' to the Board
D AS TO FORM:
oitnty Attorney
DEC 312013
Date of signature:
William F. Garcia, Chair
D.uglas =a.emacher, Pro em
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Freeman
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2013-3443
EG0068
MEMORANDUM
RECEIVED
DEC 1 9 2013
WELD NTY
COMM! SONERS
TO: Clerk to the Board DATE: December 11, 2013
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Consent Agenda
Lease Agreement with Town of Gilcrest to store 22 large concrete box culverts and lids for the
WCR 42/29A road re -alignment and bridge project deferred from Fall 2013 to the Fall of 2014.
Attached are two signed original Lease Agreements. Please return one to Public Works.
M Vrnncie\AGENDA memos\Agendanl keBedel l-1. docx
2013-3443
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Lease Agreement — Town of Gilcrest temporary storage site
DEPARTMENT: PUBLIC WORKS DATE: 12/2/13
PERSON REQUESTING: David Bauer, Mike Bedell, Stephanie Attics
Brief description of the problem/issue: As discussed in a worksession on November 4, construction of the
WCR 42/29A road re -alignment and bridge project has been deferred from Fall 2013 to the Fall 2014
construction season at the request of the Central Weld Water District. The project site is west of Gilcrest. That
project includes a large concrete box culvert ordered last Spring for delivery this fall under the assumption that
it would be installed now. With the delay in construction, the County is in need of a storage site for the
completed box culvert. The Town of Gilcrest has offered a storage site near to the project on town -owned
property. The attached lease agreement describes that site and its temporary use at no charge to the County.
The box culvert manufacturer has space at their facility but has requested that the County not store our box
culvert there for 12 months because they need the space to store other factory output.
What options exist for the Board: 1) Agree to use of the free Gilcrest site, sign the agreement
2) Direct Public works to find an alternative site.
Recommendation to the Board:
PW recommends that the County accept Gilcrest's kind offer, sign the agreement, and use their site to store the
box culvert until the WCR 42/29A site is ready for its installation.
Recommendation Work Session Comments
William F. Garcia, Chair tt,1a
Douglas Rademacher
Sean P. Conway It/
Mike Freeman tr'S
Barbara Kirkmeyer
LEASE AGREEMENT
iZ /
THIS AGREEMENT, made and entered into this / clay of December 2013 by and between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, located at 1150 "O" Street, Greeley, Colorado 80631, hereinafter referred to as "Lessee" and
the Board of Trustees on behalf of the Town of Gilcrest, Colorado, a Statutory Colorado Town with
offices located at 304 8`h Street, Gilcrest, Colorado, hereinafter referred to as the "Lessor".
WITNESSETH
WHEREAS, the Lessor owns the premises located on 11`h Avenue, Blocks 43 and 44 in Gilcrest,
Colorado, (hereinafter the "Property") and
WHEREAS, the Lessor desires to lease said property to Lessee for the purpose of storing Lessee's
concrete boxes and lids which will be installed at the intersection of Weld County Roads 42 and 29,
NOW, THEREFORE, In consideration of the mutual covenants contained herein, the parties hereto
agree as follows:
1. Lessee shall have access to the Property described above and agreed to by the Lessee,
between the hours of 7:30 a.m. and 7:30 p.m. Monday through Friday, and occasional
evenings. Lessee will provide to the Lessor a one (1) day advance notice in the event that
Lessee requires access to the Property at any other times.
2. The term of this Agreement shall be begin December 10, 2013 and continue through and
until January 15, 2015, although the parties acknowledge that Lessee may require the use of
the Property for a shorter period of time.
3. Lessee will have the right to store twenty-two (22) concrete boxes and lids on the Property
during the term of this lease.
4. Lessee shall not be responsible for any payment to Lessor under the terms of this Agreement,
however, upon Lessee's vacation of the Property Lessee agrees to disc the Property and to
grade the access to the Property.
5. Lessee shall provide general maintenance to the Property, including weed control.
6. Lessee agrees to keep the Property in as good repair as it was found upon being occupied by
the Lessee and agrees to pay for all damage caused by the Lessee not considered to be
ordinary wear and tear.
7. Lessee agrees to maintain liability insurance on the leased Property and on the materials
stored on the Property and shall provide Lessor with proof of insurance certificate upon
request.
8. Lessor will not be held liable for any loss of or damage to Lessee's stored materials.
opoiS-.eye
9. Miscellaneous:
a. Lessor agrees that it is an independent contractor and that its officers, employees, and
clients do not become employees of Lessee (Weld County), and therefore are not
entitled to any employee benefits as employees of the Lessee, as a result of the
execution of this Agreement.
b. The Weld County Board of Commissioners, its officers and employees shall not be
held liable for injuries or damages caused by any negligent acts or omissions of the
Lessor, its employees, volunteers, or agents while performing this Agreement.
Lessor, its officers and employees, shall not be held liable for injuries or damages
caused by any negligent acts or omissions of Weld County, or its employees, or
agents while performing functions as described in this Agreement. Lessor shall
provide adequate liability and worker's compensation insurance for all of its
employees, and agents engaged in the performance of this Agreement, as required by
the Colorado Worker's Compensation Act. Likewise, Lessee shall provide adequate
liability and workers' compensation insurance for its employees and agents who are
engaged in the performance of this Agreement.
c. No officer, member, or employee of Lessor or Lessee, including the members of their
governing bodies shall have any pecuniary interest, direct or indirect, in the approved
Agreement or the proceeds thereof
d. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess.
e. 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 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 an incidental beneficiary only.
£ No portion of this Agreement shall deemed to created an obligation on the part of the
County of Weld, State of Colorado, to expend funds not otherwise appropriated in
any succeeding year.
g.
If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is
for any reason held or decided to be unconstitutional, such decision shall not affect
the validity of the remaining portions. The parties hereto declare that they would
have entered into this Agreement and each and every section, subsection, paragraph,
sentence, clause, and phrase thereof irrespective of the fact that any one or more
sections, subsections, paragraph, sentences, clauses, or phrases might be declared to
be unconstitutional or invalid.
h. Lessor and Lessee shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation,
laws applicable to discrimination and unfair employment practices.
Colorado law, and rules and regulations established pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of this Agreement. Any provision
included or incorporated herein by reference which conflicts with said laws, rules
and/or regulations shall be null and void. The 19th Judicial District Court in Greeley,
Colorado shall have exclusive jurisdiction over the resolution of any dispute arising
out of this Agreement
J.
ATTEST:
ATTEST:
In the event of a dispute between Lessor and Lessee concerning this Agreement, the
parties agree that neither shall be liable to or responsible for the payment of attorney
fees and/or legal costs incurred by or on behalf of the other.
Weld County Clerk to the B j and
By: r 12it
Deputy Clerk to
LESSOR: Town of Gilcrest, Colorado
J
itle: Mayor,
own of Gilcrest, Colorado
LESSEE: County of Weld, State of Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
7 -
William F. Garcia, Chair
DEC 1 6 2013
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