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RESOLUTION
RE: APPROVAL OF ROAD IMPROVEMENTS AGREEMENT WITH FARMERS -
EXTENSION DITCH COMPANY AND AUTHORIZATION FOR CHAIRMAN TO
SIGN 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, the Board of County Commissioners has been pre-
sented a road improvements agreement between Weld County and
the Farmers Extension Ditch Company, and
WHEREAS, the terms and conditions of said agreement are
as stated in the agreement, a copy being attached hereto and
incorporated herein by reference, and
WHEREAS , the Board has studied said agreement and deems it
advisable to approve said agreement.
NOW, THEREFORE , BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the road improvements
agreement between Weld County and Farmers Extension Ditch
--
Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 8th day of
October, A.D. , 1984 .
//// 7 ��� �� BOARD OF COUNTY COMMISSIONERS
ATTEST: 07l IoviA 2{I.vw.4eto-J WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE
T"
and Clerk to the-Board Norman Carlson, Chairman
B4cn.,,i:nJ /
�D puty County Clerk J- Uline to nson, Pro-Tem
APPROVED AS TO FORM: 44,
Gene R.(Brantne&
G e r
County Attorney u k Carl n
�. rn:
J n T. Martin
Jib) . (d,y-sp a - ad
19R,1-1524
COUNTY OF WELD, STATE OF COLORADO
ROAD IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 8th day of October
1984, by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called
"County" and -alHN-T-Y— FARMERS EXTENSION DITCH CO. , hereinafter called "Owner",
and
WHEREAS, the Owner intends to make improvements to an irrigation canal
in the vicinity of Weld County Road 38 in Section 35, Township 4 North, Range
68 West of the Sixth Principal Meridian, and
WHEREAS, the existing canal lies partly within Weld County right-of-way
and has caused a curve in the roadway to exist, and
WHEREAS, the proposed improvements would relocate the canal and allow
for road straightening, and
WHEREAS, the County and the Owner acknowledge-that the road straightening
would enhance the safety of the road.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, the County and Owner mutually agree as follows :
1. The Owner will contract the work to be done including all labor,
material and equipment to complete the project.
2. The estimated cost of tree removal , road straightening and other
roadway related work is not expected to exceed $10,000.
3. The County will reimburse the Owner for the road straightening
related work based on unit prices bid-and actual quantities completed
upon inspection and acceptance by the County.
4. The County reserves the right to review and accept or reject bids
received prior to prosecution of the contract.
5. The Owner will complete the work in two phases . The first phase
will include removal of 13 trees and 3 tree stumps which are within
County right-of-way at a cost of $1,680. Phase II will include the
canal and road straightening improvements .
6. Phase I may commence upon execution of this agreement.
7. Phase II will commence as soon as possible following completion of
Phase I . Phase II construction is expected to continue into 1985.
8. The $1,680 Phase I Weld County cost will be reimbursed to the
Owner only upon commencement of Phase II construction work.
1
•
9. The Owner will be solely responsible for all costs related
to canal improvements including but not limited to culverts ,
removal of existing structures, surveying, construction signing,
road closure barricades, utility relocations and contract
administration costs . Culverts within the County right—of—way
will be paid for by the County.
10. The Owner will notify the County at least 24 hours in advance
of construction work and road closures .
11. Indemnitor, the Owner, hereby agrees to indemnify Indemnitee,
the County of Weld, from any and all liability, loss , or damage,
Indemnitee may suffer as a result of claims, demands , costs or
judgments against it arising out of the work above described,
whether the liability, loss, or damage is caused by, arises out
of, the negligience of Indemnitee or its officers, agents
employees, or otherwise, except for the liability, loss , or
damage arising from intentional torts or the gross negligence
of Indemnitee or its employees while acting within the course
of their employment.
IN WITNESS WHEREOF, the parties hereto have duly executed the agreement,
the day and year first above written.
C-041N-=1- FARMERS EXTENSION DITCH CO. BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
B Y: Cs+-t _
Norman Carlson,`S Jairman
TITLE: (ri a ATTEST0,.51•4-etkuteAanv.
ADDRESS: / q 5 ct &u c.IP. /7 Weld County"Clerk "and"Recorder
and Clerk to- the Board
8ofi y
B
Deputy
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