HomeMy WebLinkAbout820278.tiff RESOLUTION
RE: APPROVE AGREEMENT TO RESCIND AND TERMINATE SANITARY LANDFILL
CONTRACT AND AUTHORIZATION FOR CHAIRMAN TO SIGN
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, Colorado Landfill, Inc. and Weld County, Colorado
entered into a contract on the 6th day of June, 1979, and
WHEREAS, Colorado Landfill, Inc. and Weld County, Colorado
now desire to rescind and terminate said contract, as stated in
the copy of the agreement attached hereto and incorporated herein
by reference, and
WHEREAS , the Board has studied said agreement and deems it
advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement to rescind
and terminate the contract between Colorado Landfill, Inc. and
Weld County, Colorado, entered into on the 6th day of June , 1979 ,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is , authorized to sign same.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
July, A.D. , 1982.
ATTEST: a , P BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
Weld County Clerk and Recorder 2Zi y ,. ,
and Clerk to the Board 7 T Marti hairman
Deputy Count - 'erk uck Carlson, Pro-Tem
APP,ROVED AS TO FORM: EXCUSED
Norman Carlson
L - Oc- -19 L /7/ Al, c C
County Attorney . Kirby
!J2ej /.�>>2J,-erCi
e K. Steinma k
DATE PRESENTED: July 12, 1982
PL0632
1_, r /ct ) 7 7 820278
AGREEMENT TO TERMINATE
SANITARY LANDFILL CONTRACT
THIS AGREEMENT is made and entered into this 7th day of
JULY , 1982 , by and between WELD COUNTY, COLORADO,
hereinafter referred to as "County, " and COLORADO LANDFILL, INC. ,
a Colorado corporation, hereinafter referred to as "Landfill. "
RECITALS :
The parties to this Agreement entered into a Sanitary Land-
fill Contract dated June 6 , 1979 , hereinafter referred to as
"Sanitary Landfill Contract, " which Sanitary Landfill Contract
has been amended by various written instruments.
The parties hereto believe that the purposes of the Sanitary
Landfill Contract have been fulfilled and that it would be in
their mutual interests to rescind and terminate the Sanitary
Landfill Contract effective upon the date of execution hereof .
NOW, THEREFORE, in consideration of the mutual promises ,
covenants and benefits to be derived, the parties hereto
mutually agree as follows:
1. The foregoing recitals are incorporated herein by
reference.
2 . The parties agree that upon execution hereof by both
parties , the Sanitary Landfill Contract shall be and is hereby
rescinded and terminated by mutual agreement of the parties,
and each party is hereby released of and from any and all future
obligations arising out of the Sanitary Landfill Contract.
3. The parties agree that the rescission of the Sanitary
Landfill Contract does not release either party from any obli-
gations imposed by all Federal, State, and County statutes,
regulations, and ordinances pertaining to the location and
operation of sanitary landfills within Weld County including,
but not limited to, Weld County Ordinance No. 53, Resource
Conservation and Recovery Act of 1976 (P . L. 94-580) , and the
Solid Waste Disposal Act, CRS 1973 , n30-20-101, as amended.
4 . Landfill agrees that it shall indemnify and hold harmless
Weld County and its employees from any liability whatsoever as a
result of any suit or legal action concerning the operation by
Landfill of its sites in Weld County prior to the date hereof.
IN WITNESS WHEREOF, the parties have executed this Agree-
ment the date and year first above written.
ATTEST: "
}�""uff 1 3tust BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and--gcorder
and Cl,.erk to the/Board BY:/Chairman
T- 21/4.�Z,r:
��
;'BY: r /14 /11A
L "Deputy County Clerk
APPROVED,7AS Tic/ FORM:
'v
Co//unty Attorney
APPRON/ED: /
. , (1/471,4 / � U �.
/C unty Fin e fficer
ATTEST: COLORADO LANDFILL, INC.
��,�CRycslc By: �`i,� �e}
Secretary President
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