HomeMy WebLinkAbout20090647RESOLUTION
RE: APPROVE RIGHT -OF -ENTRY AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
ROGGEN FARMER'S ELEVATOR ASSOCIATION
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 Right -of -Entry Agreement for
Environmental Assessment and Response 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 Roggen Farmer's Elevator Association, commencing upon full execution, with
further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said 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 Right -of -Entry Agreement 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 Roggen Farmer's Elevator Association, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of March, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD •GtsUN , COLORADO
ATTEST: J
Weld County Clerk to the
BY.
Deput Clerk to the Board
APPROVED A JO FORM:
/ 1,
County Attorney
Date of signature. 141i i I e`1
David E. Long
c� tc)cO c,C'E'i
2009-0647
EGQ060
041(3/07
•
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the 13 day of March, 2009, by and
between Roggen Farmer's Elevator Association, (hereinafter referred to as "Roggen Elevator")
with a mailing address of Y.O. Box 8, Roggen, Colorado 80652, and County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County Commissioners,
whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as "County."
RECITALS:
County intends to reconstruct, widen, relocate and realign Weld County Road 73, and to do
so. it is necessary that County deposit and store certain materials described as "asphalt millings"
near Weld County Road 73:
Roggen Elevators has agreed to permit County to deposit and store said materials on its
property, (which is being more particularly described and depicted in attached Exhibit A), subject to
the following terms and conditions.
AGREEMENT:
NOW, TIIEREFORE, it is mutually agreed by and between Roggen Elevator and County, as
follows:
Article I. DEFINITION OF COUNTY.
For purposes of this agreement, all references in this Agreement to the County shall include
the County's contractors, subcontractors, officers, agents and employees, and others acting under its
or their authority.
Article 2. RIGHT OF ENTRY GRANTED.
In consideration of the promises specified herein, Roggen Elevator hereby grants to County
the right, during the term of this Agreement and subject to each and all of the terms, provisions and
conditions herein contained, to enter upon and have ingress to and egress from the Roggen
Elevator's property described on Exhibit A, attached hereto and made a part hereof and as shown
on the attached prints. The right herein granted to County is limited to those portions of the Roggen
Elevator's property specifically described in Exhibit A.
Article 3. TERMS AND CONDITIONS.
A. Notice of Commencement of Work.
The County agrees to notify the Roggen Elevator Representative at least forty-eight (48)
hours in advance of County making its initial deposit of asphalt millings on the Roggen Elevator
property or of bringing any person or equipment onto the property.
11111111111111111111111111111 III 1111111 III 11111 IIII IIII
3615395 04/08/2009 12:45P Weld County, CO
1 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2009-0647
B. Limitation and Subordination of Rights Granted.
(i) The foregoing grant of right is subject and subordinate to the prior and continuing right
and obligation of the Roggen Elevator to use and maintain its entire facility at any time or times
without liability to the County or to any other party for compensation or damages.
(ii) The foregoing grant is also subject to all outstanding superior rights (including those in
favor of contractors and lessees of the Roggen Elevator's property, and others) and the right of the
Roggen Elevator to renew and extend the same.
C. No Interference With Roggen Elevator's Operation.
No work performed by County shall cause any interference with the constant, continuous
and uninterrupted use of the property and facilities of the Roggen Elevator, its lessees, Contractors,
or others, unless specifically permitted under this agreement. or specifically authorized in advance
by the Roggen Elevator Representative. Nothing shall be done or suffered to be done by the County
at any time that would in any manner impair the safety thereof
D. Permits.
It is not anticipated that the County shall be required to obtain any permits prior to
beginning any work, however, if it is required to do so, the County, at its sole expense, shall obtain
all necessary permits to perform any work contemplated by this agreement.
E. Compliance With Laws.
In the prosecution of the work covered by this agreement, the County shall comply with all
applicable federal, state and local laws, regulations and enactments affecting the work. The County
shall use only such methods as are consistent with safety, both as concerns the County, the County's
agents and employees, the officers, agents. employees and property of the Roggen Elevator and the
public in general. The County (without limiting the generality of the foregoing) shall comply with
all applicable state and federal occupational safety and health acts and regulations.
F. Safety Instructions.
Safety of personnel, property, elevator operations and the public is important in the
prosecution of the work pursuant to this agreement. As reinforcement and in furtherance of overall
safety measures to be observed by the County shall keep the job site free from safety and health
hazards and ensure that its employees are competent and adequately trained in all safety and health
aspects of the job.
I. Waiver of Breach.
The waiver by the Roggen Elevator of the breach of any condition, covenant or agreement
herein contained to be kept, observed and performed by the County shall in no way impair the right
of the Roggen Elevator to avail itself of any subsequent breach thereof.
11111111111111111111111111111III1111111III111111111IIII
3615395 04/08/2009 12:45P Weld County, CO
2 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
J. Assignment —Subcontracting.
The County shall not assign, sublet or subcontract this agreement, or any interest therein,
without the written consent of the Roggen Elevator and any attempt to so assign, sublet or
subcontract without the written consent of the Roggen Elevator shall be void. If the Roggen
Elevator gives the County permission to subcontract all or any portion of the work herein described,
the County is and shall remain responsible for all work of subcontractors and all work of
subcontractors shall be governed by the terms of this agreement.
Article 4. ALL EXPENSES PAID BY COUNTY.
The County shall bear any and all costs and expenses associated with any work performed
by the County. All work performed by the County on the Roggen Elevator's property shall be
performed in a manner satisfactory to the respective local General Manager of the Roggen Elevator
or his authorized representative (hereinafter the Roggen Elevator Representative). County shall be
responsible for costs associated with the resurfacing of the property utilized by County with the
asphalt millings it deposits and stores on the property.
Article 5. TERM.
The right of entry herein granted to County shall commence on March 16, 2009. and shall
continue until June 1, 2009. County agrees to notify the Roggen Elevator Representative in writing
when it has completed its Work on Roggen Elevator property.
Article 6. CERTIFICATE OF INSURANCE
A. Insurance Endorsement.
Before commencing any work, the County shall provide Roggen Elevator with a Certificate
issued by County's insurance carrier providing the insurance coverage described below in a policy
which contains the following type of endorsement:
"Roggen Farmer's Elevator Association" is named as an additional insured with respect to
all liabilities arising out of County's performance of any work on the property of the Roggen
Elevator."
B. Notice to Broker/Agent.
County warrants that its insurance agent(s)/broker(s) has been instructed to provide the
endorsement as required herein.
C. Insurance Requirements.
The following insurance shall be kept in force during the life of this Agreement:
111111IIIIIl111111liii! 111111 III 1111111 III 11111 1111 II
3615395 04/08/2009 12:45P Weld County, Co
3 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
(i) Commercial General Liability Insurance, including Contractual Liability
coverage providing bodily injury, including death, personal injury and property damage
coverage with a combined single limit of no less than $1,000,000 per occurrence with an
annual aggregate and on a per project/per location basis, limit of at least $2,000,000.
(ii) Automobile Liability Insurance providing bodily injury and property damage
with a combined single limit of at least $1.000,000 each occurrence or claim.
(iii) Statutory Workers' Compensation Insurance as required by law in the state in
which work is to be performed and Employer's Liability Insurance with limits of $1,000,000
for bodily injury by accident and for bodily injury by disease.
D. Proof of Insurance.
County shall furnish to Roggen Elevator proof of insurance evidencing the required
coverage and endorsement(s). The insurance company(ies) issuing such policy(ies) shall notify
Roggen Elevator in writing of any material alteration including any change in the retroactive date
in any "claims -made" policies or substantial reduction of aggregate limits, if such limits apply, or
cancellation thereof at least thirty (30) days prior thereto.
Article 7. ENFORCEABILITY; CHOICE OF LAW: CHOICE OF FORUM.
This Agreement shall be governed, construed, and enforced in accordance with the laws of
the State of Colorado. Litigation arising out of or connected with this agreement may be instituted
and maintained in the courts of Weld County, Colorado, and the parties consent to jurisdiction over
their person and over the subject matter of any such litigation, in those courts, and once sent to
service of process issued by such courts.
Article 8. MISCELLANEOUS PROVISIONS.
A. Entire Agreement.
This writing constitutes the entire Agreement between the parties hereto with respect to the
subject matter herein, and shall be binding upon said parties, their officers, employees, agents and
assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives,
successors and assigns of said parties.
B. Governmental Immunity.
No portion of this Agreement shall be deemed to constitute a waiver of any immunities the
parties or their officers or employees may possess, nor shall any portion of this Agreement be
deemed to have created a duty of care which did not previously exist with respect to any person not
a party to this Agreement.
111 Ell 11111 1311 11111 111111 111 111 11111 11/III 1
3615395 04/08/2009 12:45P Weld County, CO
4 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
C. No Third Party Beneficiary.
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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
duplicate as the date first herein written.
Roggen Farmer's Elevato As iciation
Devoe,
C ief Executive Officer and General Manager
Board of County Commissioners of Weld
County, State of Colorado
County Clerk to the
By; By:
Deputy lerk to the 'i rn William F. Garcia, Chairman
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111IIIIIIIIIIIIIIIII
MAR 1 6 2009
1909- ce V7
3615395 04/08/2009 12:45P Weld County, CO
5 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
I 111111 11111 HMI IIIII111111III1111111III11111Ellin
3615395 04/08/2009 12:45P Weld County, CO
6 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Hello