HomeMy WebLinkAbout20123606.tiff RESOLUTION
RE: APPROVE STANDARD FORM FOR AGREEMENT TO GRANT TEMPORARY RIGHT OF
ENTRY AND AUTHORIZE THE CHAIR TO SIGN DOCUMENTS CONSISTANT WITH SAID
FORM
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 the form of an Agreement to Grant
Temporary Right of Entry between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and various providers, with further terms and conditions
being as stated in said form, and
WHEREAS, after review the Board deems it advisable to approve the form of said
agreement, a copy of which is attached hereto and incorporated herein by reference, and to
delegate standing authority to the Chair of the Board of County Commissioners to execute individual
agreements between Weld County and various providers.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the form of the Agreement to Grant Temporary Right of Entry between the
County of Weld, State of Colorado, and various providers be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair of the Board of County
Commissioners of Weld County, Colorado, be, and hereby is, authorized to sign any agreements
consistent with the form of said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of December, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
D. \ . ';":1171.7.N.
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��ATTEST: ♦�4 ) ��\In
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Weld County Clerk to the Bo.17 seirepo
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%:,�itZ`� `r am Garcia, Pro Tetra
BY: L i L tee I �_ /
Deputy the oard ''' r • -4•7 i UGu /U.,- LA-,�//c 4 EA —
% ...-r air Kirk yer / C /
AP ED RM: Wi �C'�
David . Long
U t ttorney
Dougla Radema her
Date of signature Die 2 0 2012
cc ls ' i 1 2012-3606
O_..C-' (._ /,)-- LE0209
AGREEMENT TO GRANT TEMPORARY RIGHT OF ENTRY
THIS AGREEMENT for a Temporary Right of Entry is entered into this day of
, 201 , between , whose address is
, "Grantee", and the County of
Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150"O" Street Greeley, Colorado 80631, ("Grantor").
WHEREAS, Grantee seeks conduct a (seismograph) survey, including the right to ingress
and egress for such purpose, of property owned by Grantor,and
WHEREAS, Grantor agrees that it is the owner of the property which Grantee seek to survey
and thereby has the authority to grant a temporary right of entry,and
WHEREAS, Grantor believes that said (seismograph) survey would be beneficial and
appropriate.
NOW,THEREFORE,the parties herein agree as follows:
Grantor's Responsibilities:
1. Grantor hereby grants to the Grantee, its contractors,and agents,a Temporary Right of
Entry in order to conduct a (seismograph) survey on and across Grantor's property. By the grant of
this Temporary Right of Entry Grantee, its contractors, and agents are permitted, during the period of
the survey, unlimited access in and to and across the land described in Exhibit A, a copy of which is
attached hereto and made a part hereof by this reference.
2 Grantor hereby grants Grantee an irrevocable and assignable right to enter in, on, over
and across the land at the location described above, for the period not to exceed six (6)months,
beginning with the date of the signing of this instrument,and terminating upon the completion of the
(seismograph)survey.
Grantee's Responsibilities:
1. Grantee agrees to conduct its (seismographic) activities in accordance with standard
industry practices and in a careful and prudent manner.
2. Grantee agrees to indemnify and hold Grantor harmless from all liability and claims
that may result from the(seismographic) survey activities in which it will be engaged pursuant to this
Temporary Right of Entry.
3. Grantee acknowledges that this Temporary Right of Entry may involve existing public
rights-of-way and easements for public roads and highways, public utilities and pipelines, and that
such public uses may not be disturbed without the prior consent of Grantor.
4. Grantee shall pay Grantor a fee for this Temporary Right of Entry in the amount of
Dollars ($_.00) per acre, for the acres subject to this Agreement, for a total amount of
Hundred and /100 Dollars($ .J.
Miscellaneous Provisions:
1. All tools, equipment, and other property taken upon or placed upon the land by
Grantee shall be removed by Grantee on or before the expiration of this Temporary Right of Entry
2. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
4. Grantee shall perform its duties hereunder as an independent contractor and not as an
employee of Grantor. Grantee shall be solely responsible for its acts and those of its agents and
employees for all acts performed pursuant to this Agreement. Neither Grantee nor any agent or
employee of Grantee shall be deemed to be an agent or employee of Weld County. Grantee and its
employees and agents are not entitled to unemployment insurance or workers' compensation benefits
through Weld County and Weld County shall not pay for or otherwise provide such coverage for
Grantee or any of its agents or employees. Unemployment insurance benefits will be available to
Grantee and its employees and agents only if such coverage is made available by Grantee or a third
party. Grantee shall pay when due all applicable employment taxes and income taxes and local head
taxes(if applicable) incurred pursuant to this Agreement. Grantee shall not have authorization,express
or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set
forth in this Agreement. Grantee shall have the following responsibilities with regard to workers'
compensation and unemployment compensation insurance matters: (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law
and(b)provide proof thereof when requested to do so by Weld County.
5. Grantee 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.
6. 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.
7. The signatories to this Agreement aver that to their knowledge, no employee of
Grantor has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement. Grantee has no interest and shall not acquire any interest direct or
indirect, which would in any manner or degree with the performance of Grantee's services and
Grantee shall not employ any person having such known interests. During the term of this Agreement,
Grantee shall not engage in any in any business or personal activities or practices or maintain any
relationships which actually conflict with or in any way appear to conflict with the full performance of
its obligations under this Agreement. Failure by Grantee to ensure compliance with this provision may
result, in Weld County's sole discretion, in immediate termination of this Agreement.
8. 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.
9. In the event of a dispute between Grantor and Grantee, concerning this Agreement,the
parties agree that Grantor shall not be liable to or responsible for the payment of attorney fees and/or
legal costs incurred by or on behalf of Grantee.
GRANTOR:
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
Weld County Clerk to the Board
BY: BY:
Deputy Clerk to the Board ,Chair
GRANTEE:
Company Name, Inc.
By:
Title:
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