HomeMy WebLinkAbout20081981.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF WELD COUNTY PROPERTY FOR STORAGE
AND AUTHORIZE CHAIR TO SIGN - HAMLIN ELECTRIC COMPANY
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 an Agreement for Use of Weld County
Property for 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 Buildings and Grounds,
and the Hamlin Electric Company, commencing upon full execution, and ending October 31, 2008,
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 Agreement for Use of Weld County Property for 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 Buildings and Grounds, and the Hamlin Electric Company,
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 July, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
1S6I 1 — Willi H. Jerke, Chair
Weld County Clerk to B cict. (�
1V i ..� \YV � p ✓-
1'1' `, Robertsd p. Maen, Pro-Tem
BY: l
Deputy Clerk to he Board
Will�ai� F. Garcia
APP AS TO A (�
David E. Long
my A to ney
/�/�� Douglas ademac r
Date of signature: Wig
/
2008-1981
f a,' AM. _y�� BG0012
AGREEMENT FOR USE OF WELD COUNTY PROPERTY
FOR STORAGE
THIS AGREEMENT,made and entered into this ion day of JULY , 2008,
by and between the County of Weld, State of Colorado,by and through the Board of County
Commissioners of the County of Weld,whose address is 915 Tenth Street, Greeley, Colorado
80631, hereinafter referred to as "County," and HAMLIN ELECTRIC COMPANY
whose address is 1204 F. BTRLTNCTON AVF, FORT ,MO$f ALc rO 20701
hereinafter referred
to as"Storage User."
WTTNESSETH:
WHEREAS, Storage User has contracted with Poudre Valley REA("REA") to perform
work necessary to repair and reconstruct REA's infrastructure in the Windsor area which was
damaged due to the tornado which occurred on May 22, 2008, and
WHEREAS, Storage User is in need of property on which it may store materials and
equipment temporarily during said repair and reconstruction, and
WHEREAS, County has property("County Property") at its Missile Site Park where such
temporary storage may take place, and
WHEREAS, County and Storage User hereby agree to such temporary storage by Storage
User on the County Property according to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the panics hereto agree as follows:
1. TERM: The term of this Agreement shall be from the date of signature hereunder until
the date such temporary storage is no longer necessary, in any event being no later than
OCTOBER 31 20013,
2. USE OF COUNTY PROPERTY: County hereby grants to Storage User the right to
temporarily store on the County Property materials and equipment necessary for the
reconstruction and repair of REA's infrastructure in the Windsor area. Such temporary
storage shall only in the areas designated by County, in its sole discretion, and in
accordance with the following rules:
a. To keep the County Property clean and neat..
b. To enter and exit County Property at the locations designated by County.
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2008-1981
c. To provide County with proof of the insurance required in paragraph 3,below.
d. To vacate County Property at the end of the term of this Agreement.
3. INSURANCE: Storage User agrees to provide to County insurance coverage in the
amount of$150,000 per person, $600,000 aggregate, which names "the County of Weld,
State of Colorado,by and through the Board of County Commissioners of the County of
Weld, its officers and employees," as insured or additional insured. Such insurance shall
only be for the storage of materials and equipment on County Property,pursuant to the
terms and conditions set forth herein.
4. TERMINATION: This Agreement may be terminated by either party hereto by
providing written notification to the other party at least thirty (30) days prior to the date
of such termination.
5. CLEAN UP: Storage User agrees to remove from the County Property any and all trash,
equipment, or items either generated by or used in the course of the parking for the Event.
Said removal shall be no later than ten (I 0) days following the Event.
6. COST/FUNDING: The use of the County Property as described herein shall be at no cost
to the Storage User. However,this agreement requires the Storage User to move, replace
and/or install between 5-8 power poles at the Missile Site Park. The locations and
appropriate permits will be made by the County. No portion of this Agreement shall
require County to fund any part of the work to repair and.reconstruct REA's
infrastructure.
7. NON-ASSIGNMENT: This Agreement shall not be assignable.
8. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the original
intent of the parties.
9. ENTIRE AGREEMENT/NO THIRD PARTY BENEFICIARY: This Agreement
contains the entire Agreement and understanding between the parties to this Agreement
and supersedes any other Agreements concerning the subject matter of this transaction,
whether oral or written, present or past. 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 contained 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 deemed an incidental
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beneficiary only.
10. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities of the parties or their officers or employees may
posses, nor shall any portion of this Agreement be deemed to have created a duty of care
but did not previously exist with respect to any person not a party to this Agreement.
11. HOLD HARMLESS: Except for the negligence of County, Storage User agrees to
protect County and save and hold it harmless from any and all third party claims and
damages that said temporary storage may directly or indirectly cause to the extent
attributable to the negligence of Storage User. Storage User hereby releases County, its
successors, assigns, employees, and agents from any and all claims and damages of
whatsoever character to property owned by Storage User resulting from any act, either on
the part of the County or on the part of any third party.
IT WITNESS WHEREOF, the parties have hereunto set their hands and seals this 16th
day of July A �J , 2008.
44 COUNTY OF WELD, STATE OF
_7 COLORADO, BY AND THROUGH THE
OF
OF COUNTY COMMISSIONERS
IS51 OF THE COUNTY OF WELD
ut 1 to the Board
pi k,44-, B
4 y
William H. Jerke , Chairman
JUL 1 6 2008
STORAGE USER
By:
Title: t..ys_
SUBSCRIBED AND SWORN to before me this day of ...
2008.
WITNESS my hand and official seal: hyuhliC
My commission expires:
; . // 4D//
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