HomeMy WebLinkAbout20072636 RESOLUTION
RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR CR 47
AND AUTHORIZE CHAIR TO SIGN -JOHN JOHNSON-JF CATTLE
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 Road Maintenance and Improvements
Agreement for County Road 47 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 John Johnson-JF Cattle, with 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 Road Maintenance and Improvements Agreement for County Road 47
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 John
Johnson-JF Cattle 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 20th day of August, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
���` WE OUNTY, COLORADO
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2007-2636
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MAR-14-2007 WED 12:27 PM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 01
COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this ` day of l . , 2007, by and
between the COUNTY of WELD, STATE OF COLORADO, hereinafter c Iled County" and John
Johnson — JF Cattle (2AmUSR-1282) hereinafter called JOHNSON, and
WHEREAS, Johnson has been granted a Weld County site specific development and a special
review permit for a livestock feeding operation in Section 1, Township 6 North, Range 65 West of the
6th P.M.
WHEREAS, the USR generates an increase in vehicle traffic, and
WHEREAS, the existing County roads that serve the USR will require increased maintenance
and improvement due to the increase in vehicle traffic, and
WHEREAS,the County and Johnson have reviewed maintenance and improvements proposals
put forth by Johnson, and both parties agree that such maintenance and improvements will enhance
the accessibility and safety of the roads that serve said USR.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the County and Johnson agree as follows:
1. Term: The term of this agreement shall be from the date first written above to and until
Weld County Road 47 is paved.
2. Location: The county roads that serve said USR are WCR 74 and WCR 47.
3. Improvement and Maintenance to WCR 47:
A. The County shall be responsible for general maintenance, including grading and
snow removal,
B. Johnson shall apply dust suppression chemicals(magnesium chloride or calcium
chloride) on said road as determined by the Public Works Department Motor
Grader Supervisor, twice a year or more often as needed. Apply dust
suppressant chemical on WCR 47 adjacent to the USR.
4. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that
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 actions
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
beneficiary only.
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3505332 09/19/2007 03:14P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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MAR-14-2007 WED 12:28 PM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 02
Page 2
5. Indemnification: To the extent authorized by law, Johnson agrees to indemnify, save,
defend, and hold harmless County from any and all liability incurred as a result of acts,
omissions, or failures to act by Johnson in her performance of the duties set forth in this
Agreement on those portions of said roads described in this Agreement. The term
liability includes, but is not limited to, any and all claims, damages, and court awards,
including costs, expenses, and attorneys' fees, incurred as a result of any act or
omission by Johnson and its employees.
6. Modifications and Breach: 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.
No modifications, amendment, novation, renewal, or other alteration of or to this
Agreement shall be deemed valid or any force or effect whatsoever, unless mutually
agreed upon in writing by the undersigned parties. No breach of any term, provision, or
clause of this Agreement shall be deemed, waived, or excused, unless such waiver or
consent shall be in writing or signed by the party claimed to have waived or consented.
Any consent by any party hereto, or waiver of, a breach by any other party, whether
expressed or implied, shall not constitute a consent to, waiver of, or excuse for any
different or subsequent breach.
7. Non-Assignment: This Agreement shall riot be assignable without prior written consent
of County or Johnson, whichever is the non-assigning party.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and
year first above written.
ATTEST: .: ", E`.-+ARD OF COUNTY COMMISSIONERS
,ateil
D COUNTY, COLORADO
Weld County Clerk to the Boa .:3 0'I 1861 et
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•By: `, 4A1 a.,I / i• .�►..V
% �, 1 David E. Long, Chai AUG 2 0 2007
De uty C'�Jrk to the`B: .. I --,,y
JOHN JOHNSO
By: ~ By:
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3505332 09/19/2007 03:14P W o nty, C
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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MEMORANDUM
Wilk TO: Clerk to the Board DATE: August 15, 2007
FROM: Donald Carroll, Engineering Administrator 000LORADO
SUBJECT: Agenda Item
Please submit this enclosed item for the Board's next agenda:
Road Maintenance and Improvements Agreement with John Johnson — JF Cattle,
2ndAmUSR-1282
The appropriate documentation is attached.
Enclosures
pc: Chris Gathman, Planning Services
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2007-2636
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