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Home My WebLink About20082132.tiff RESOLUTION RE: APPROVE AGREEMENT FOR RIGHT-OF-ENTRY FOR ENVIRONMENTAL ASSESSMENT AND RESPONSE AND AUTHORIZE CHAIR TO SIGN - NORTH WIND, INC. 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 Right-of-Entry for Environmental Assessment and Response between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County, and North Wind, Inc., 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 Agreement for Right-of-Entry for Environmental Assessment and Response between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and North Wind, Inc., 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 6th day of August, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 4114/14/ 1861 1 , Willi H. Jerke, Chair Weld County Clerk to t B � VI? / - �•�n , •,• " v Robert D. Masden, Pro-Tem BY: /l�ii .ii' ►��« _si:�7%�j ti Deputy Cler o the Board C William F. Garcia APP � Ong ( David E. Long �j ounty ttorney Dougla Radema her Date of signature: kki) 2008-2132 BG0012) Corporate Headquarters North Wind 1425 Higham Street Idaho Falls,ID 83402 07/30/08 D E C f`' sile AUG 0 4 2000 ✓ NW-2008-477 Weld County Attorney WELD COUNTY ATTORNEY'S OFFICE Attn: Stephanie Arries 915 Tenth Street, P.O. Box 758 Greeley, Colorado 80632 SUBJECT: Right of Entry Agreement for Environmental Assessment and Response between Weld County and North Wind, Inc. Dear Ms. Arries: Please find enclosed a copy of the subject agreement signed and sealed by North Wind, Inc. Please sign and return a copy of the executed agreement for our files. This agreement grants North Wind, Inc. a right-of-entry onto the former Atlas Missile Site 12 located in Windsor County, Colorado to conduct Environmental Assessment and Response under contract W9128F-04-D-0017 with the U.S. Army Corps of Engineers, Omaha District. The agreement specifies the terms and conditions that North Wind will adhere to during the conduct of activities related to the contract at the Atlas site. Please contact me at (208) 557-7858 or email (jrothermel a,northwind-inc.com) with any questions, comments or concerns. I look forward to working with Weld County personnel in the execution of this project. Sincerely Joe Rothermel Project Manager Enclosure - Right of Entry Agreement for Environmental Assessment and Response between Weld County and North Wind, Inc. CC: Peggy Hinman-NW Rusty Gilbert—NW Dana Swift -NW Jeffery Skog—USACE Omaha District North Wind, Inc. • P.O. Box 51174 • Idaho Falls, ID 83405 Phone 208.528.8718 • Fax 208.528.8714 • www.northwind-inc.com 2008-2132 Corporate Headquarters NorthNorthJ$1. / 1425 Higham Street n I,((// Idaho Fa05, ID 83402 Right-Of-Entry for Environmental Assessment and Response Project: Environmental Remediation Services former Atlas Missile Site 12 Windsor, Co Address: 10611 Spur 257, Greeley, Colorado 80631 The undersigned, herein called the "Owner", in consideration for the mutual benefits of the work described below, hereby grants North Wind, Inc, hereinafter called the North Wind, Inc. a right-of- entry upon the following terms and conditions: 1. The Owner hereby grants North Wind an assignable right to enter in, on, over and across the land at the address described above, for the period not to exceed Five(5)Years,beginning with the date of the signing of this instrument, and terminating with the earlier of the completion of the remediation or the filing of a notice of termination in the local land records by the representative of the North Wind in charge of the Atlas Missile Site 12. Upon notice to the Owner thirty(30)days prior to the termination of this agreement,this right-of-entry may be renewed for up to Five(5) additional one year periods as agreed to by the parties. This right-of-entry will be for the use by North Wind, its representatives, agents, and contractors, and assigns, as a work area for the environmental investigation and response including: • The right to store, move and remove equipment and supplies; • Erect and remove temporary structures on the land; • Investigate and collect samples; (excavate and remove, pollutants, hazardous substances, and containerized waste); • Construct, operate, maintain, alter,repair, and remove groundwater monitoring wells, groundwater purification and injection systems, appurtenances thereto, and other devices for the monitoring and treatment of contamination in soil, air, and water; • Perform any other such work which may be necessary and incident to North Wind's use for the investigation and response on said lands. This agreement is subject to the existing easements for public roads and highways, public utilities, railroads and pipelines; reserving, however, to the landowner(s), their heirs, executors, administrators, successors, and assigns, all such right, title, interest, and privilege as may be used and enjoyed without interfering with or abridging the rights and right-of-entry hereby acquired. In addition, this agreement is subject to the terms of the "Deed Without Warranty", dated June 14, 1972, under which Owner took title, as that instrument required Owner to maintain the described premises for public purposes, and heretofor, the property has been maintained as a public park. Finally, this agreement is subject to the terms of the North Wind Technical Proposal for remediation of Former Atlas Missile Site 12, dated August 28, 2007. 2. North Wind agrees to use the existing public roads to gain access.to the land described in Paragraph 5 of this right-of-entry for the purpose of performing the environmental work described in Paragraph 1 above. 111111111111111111 IIII 11111111111111111 1111111111111111E 174 • Idaho Falls, ID 83405 3574394 08/26/2008 12:28P Weld County, CO 1.8714 • www.northwind-inc.corn 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,r206.5''O1/..3a Page 2 July 30,2008 3. All tools, equipment, and other property taken upon or placed upon the land by North Wind shall remain property of North Wind and may be removed by North Wind at any time within thirty(30)days after the expiration of this permit of right-of-entry. 4. If any action of North Wind employees or agents in the exercise of this right-of-entry results in damage to the real property,North Wind will, in the sole discretion of the Owner, either repair such damage or make an appropriate settlement with the Owner. In no event shall such a repair or settlement exceed the fair market value ofthe fee title to the real property at the time immediately preceding such damage. The parties agree that the measure of damages will be established through the use of a walk through which will be conducted by a representative of the Owner and a representative of North Wind. At that Walk through, photographs will be taken ofthe site and will be provide the standard by which the need for repair and/or reproduction of the site will be measured. 5. The land affected by this right-of-entry is located in Weld County, State of Colorado And is described as follows: A tract of land in the NW ''A of Section 2, Township 5 North, Range 67 West, 6th P.M., Weld County, Colorado, being more particularly described as following: Commencing at the South Quarter Corner of said Section 2;thence South 89°08'24" East along the South line of said Section 2 for a distance of 233.32 feet; thence North 1°20' East 1877.35 feet; North 27 '15' West 620 feet; North 11°45' West 230.18 feet to the intersection with the South line of said NW A, said point of intersection being the point of beginning of said tract; South 88°57'15" East along the South line of said NW '/o for a distance of 41.79 feet; North 00°15'33" West along the East line of said NW '/o for a distance of 46.43 feet;North 11°15' West 209.66 feet;** North 00°57'33" West 149 feet;North 88°57'15" West 100 feet; South 00°15'33" East 1000 feet to the intersection with the South line of said NW '/, thence South 88°57'15" East along said South line to the point of beginning, containing 19.50 acres, more or less, together with improvements and appurtenances thereon, subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. WITNESS MY HAND AND SEAL this 30 day of , 200 e . North Wind By)610 05 < NO /III w in e f G _ ji Ss' £AID SFEELElic _ So T tr� i Mt;Pub f11. of Idaho �' 11111111111111111111111111111111111111111111111111111 MY COMMISSIONExP . , amC 3574394 08/26/2008 12:28P Weld County, CO July 29,2009 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder sev°sar�°n°TLzvN `.` 3 " Page 3 July 30,2008 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 'illit, , Chair, William H. Jerke 1861 N) Weld County CI t• g` ' AUG 0 6 2008 , r Deputy Cler o the Boari /' OV .r3 AS ORm. ounty Attorney 111111 11111 111111 IIII 111111111111 HE III 11111 1111 11 3574394 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ac0cf-- c9/3a Hello