HomeMy WebLinkAbout800428.tiff RESOLUTION
RE: APPROVAL OF CONTRACT BETWEEN WELD COUNTY, COLORADO AND THE
HUMANE SOCIETY OF WELD COUNTY, INC. AND AUTHORIZATION FOR
CHAIRMAN TO SIGN THE SAME.
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, a contract between Weld County, Colorado and the
Humane Society of Weld County, Inc. concerning the construction
of an animal shelter has been presented to the Board of County
Commissioners of Weld County, Colorado, and
WHEREAS, the sum of $100, 000 . 00 has been granted to the
Humane Society by the Board of County Commissioners for said
construction of the animal shelter, and
WHEREAS , the Board has studied said contract 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 contract between
Weld County, Colorado and the Humane Society of Weld County, Inc.
concerning the construction of an animal shelter be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of
the Board be, and hereby is, authorized to sign said contract.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 12th day of
March, A.D. , 1980 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: 'hid [&- * WELD COUNTY, COLORADO
ura
Weld County Clerk and Recorder C' /i/ic/V
and. Clerk to the 'pa C. W. Kirby, Chairman
N
By: /t nizzAde. of /
Deputy Coun erk Leonard L. Roe, Pro-Tem
APP D AS TO FORM:
a Norman Carlson
County Attorney er „ , il�„���_
Ly Dunbar
J e K. Stertinne
o
inmark
000428
fja,ry/ ^ DATE PRESENTED : MARCH 12 , 1980
CONTRACT
THIS AGREEMENT made and entered into this 4!-— day of
March, 1980, in consideration of the mutual covenants contained
herein, by and between the WELD COUNTY BOARD OF COUNTY COMMIS-
SIONERS, hereinafter referred to as "Board" and the HUMANE
SOCIETY OF WELD COUNTY, INC. , hereinafter referred to as "Humane
Society" .
WITNESSETH:
1. Purpose. The purpose of this Contract is to set forth
the mutual rights and obligations of the parties hereto
in the construction and ownership of the Humane Society
Animal Shelter to be built on 3. 476 acres of land do-
nated by the Board to the Humane Society and located
in part of the Southeast Quarter of Section 1, Town-
ship 5 North, Range 65 West of the 6th P.M. , Weld
County, Colorado on a line North and West of the Ogilvy
Ditch as the same is now constructed.
2. Appropriation. The Board hereby grants to the Humane
Society the sum of ONE HUNDRED THOUSAND DOLLARS
($100, 000. 00) , for constructing the above described
animal shelter, and the Humane Society, in consideration
of the grant of said ONE HUNDRED THOUSAND DOLLARS,
agrees to be bound by the conditions contained herein.
3. Animal Shelter Purposes Only. The ONE HUNDRED THOUSAND
DOLLAR grant by the Board to the Humane Society shall
be used for the sole purpose of constructing the above
described animal shelter.
4. Progress Payments. The Board shall make payment of
said ONE HUNDRED THOUSAND DOLLARS ($100 , 000 . 00) to the
Humane Society in installments as construction of the
animal shelter progresses. Upon presentation by the
Humane Society of invoices from the architect or builder
for progress payments as provided in contracts for the
services of said architect or builder, the Board shall
pay to the Humane Society that portion of the entire
invoice which represents the ratio of said ONE HUNDRED
THOUSAND DOLLARS to the total contract cost of said
animal shelter, minus ten percent (10%) of the amount
paid. Said ten percent (10%) retention amount shall
be paid upon completion of said animal shelter, issu-
ance of certification of occupancy, and acceptance of
the facility by the Humane Society.
5. Equity of Weld County. The Humane Society agrees to
retain on its financial statement the contribution
by the Board of ONE HUNDRED THOUSAND DOLLARS to the
equity which the Humane Society has in said animal
shelter, and it is further agreed that should said
building ever cease to be used for animal shelter
purposes, the equity represented by said ONE HUNDRED
THOUSAND DOLLARS shall revert to the County of Weld.
6. Right to Mortgage. It is expressly understood that
the Humane Society shall have the right to mortgage
said animal shelter without the consent of the Board.
7. Alterations. It is expressly understood that the
Humane Society shall have the right to make alterations
in said structure without the consent of the Board.
8. No Implied Liability. There shall be no liability of
the County of Weld expressed or implied for the negli-
gent acts of the Humane Society or its employees by
virtue of the Board' s grant to the Humane Society.
9. No Liability Beyond This Agreement. The Board expressly
declares that there shall be no obligation upon the
Board to any party, for indemnity or otherwise, beyond
the express terms of this Contract.
10. Sale of Animal Shelter. It is expressly understood
by the Humane Society that the Humane Society may not
sell said animal shelter without the concurrence in
said sale by the Board.
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11 . Builders Risk Insurance. The Humane Society agrees to
purchase Builders Risk Protection during the construc-
tion of said animal shelter.
12 . Humane Society Responsible for Construction Management
And Maintenance. The Humane Society shall be totally
responsible for the construction management and main-
tenance of said animal shelter.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By :
,
Chairman
/
HUMANE SOCIETY
By :
Presid nt
By:
Sec
State of Colorado )
ss.
County of Weld
The foregoing instrument was subscribed and sworn to before
me this 3C01.‘ day of April , 1980, by ,
, and
WITNESS my hand and official seal.
My commission ; expires : ‘k - i- 63
Notary lib v
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