HomeMy WebLinkAbout20021124.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PAVING A PORTION OF WELD COUNTY ROAD 24.5
AND AUTHORIZE CHAIR TO SIGN - ROGGEN FARMERS' ELEVATOR COMPANY
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 Paving a Portion of
Weld County Road 24.5 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 the Roggen Farmers' Elevator Company, 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 Agreement for Paving a Portion of Weld County Road 24.5
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 the Roggen
Farmers' Elevator Company 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 1st day of May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORA O
ATTEST: * �'
� �� 3' Tenn Vaad, Chair -
Weld County Clerk to the ig wiy . I
� ► CUSED DATE OF SIGNING AYE
a
,�aavid E. .ng, Pro-Tem
BY: G to n ��� '
Deputy Clerk to the Boar.� �-� �M15
. J. eile
RO D AS aC e _
illiaam H. Jerke V1
p
AftorathY W� Au_
Robert D. Masden
Date of signature: 5/43
CC ; P.3 R,'cc irkk }-ri
C 2002-1124
EG0046
AGREEMENT FOR THE PAVING OF A PORTION OF WCR 24%
THIS AGREEMENT is made and entered into this,719' day of Ciih„:/ ,2002,
by and between the County of Weld,a political subdivision of the State of Colorado,by and through
the Board of County Commissioners of Weld County,Colorado,hereinafter referred to as"County,"
with offices located at 915 Tenth Street, Greeley, Colorado 80631, and the Roggen Farmers'
Elevator Company, whose address is P.O. Box 8, Roggen, CO 80652, hereinafter referred to as
"Company."
WITNESSETH:
WHEREAS,Weld County Road("WCR")24'1,extending approximately 1,800 feet easterly
from WCR 73, is a gravel public right-of-way on County's secondary road system and currently
being maintained by County, and
WHEREAS,said stretch of WCR 24'1 leads to Company's elevator and is used by Company
and persons desiring to access said elevator, and
WHEREAS, Company desires to have said stretch of WCR 24'1 paved, and
WHEREAS, although County maintains said stretch of WCR 24'1,County does not intend
to pave the same without financial participation by Company as detailed in this Agreement, and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)O).
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM:
The term of this Agreement shall be from the date first written above to and until
such time as: a) the paving project is complete, and b) the cost plus interest, as
described in Paragraph 3, below, is paid by Company to County.
2. PAVING OF ROADWAY:
County shall pave WCR 24'1, extending approximately 1,800 feet easterly from
WCR 73. County shall be responsible for all project work, including the
administration, engineering, design, construction, inspection, and materials testing
thereof. County shall utilize, at its sole discretion, either Weld County Department
of Public Works personnel or contract personnel to perform the work. As incentive
for County to pave said stretch of WCR 24'1, Company agrees to pay County the
Page 1 of 3 Pages
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sum of$70,000 as detailed in Paragraph 3, below. Pavement will be 28 feet wide
with 2 foot aggregate shoulders. Pavement thickness will be in accordance with
AASHTO standards. Such paving work shall include intersection improvements at
WCRs 24 %2 and 73.
3. PAYMENT OF COSTS OF PAVING PROJECT:
County shall perform or contract for the performance of the paving project
contemplated herein upon the promise by Company to pay to County the sum of
$70,000. Company agrees that prior to the start of said work, it shall pay to County
the sum of$17,500.00. County intends to begin the paving work no later than June
1, 2002, and to complete the same no later than July 4, 2002. The remaining
$52,500.00 shall be paid by Company to County over the course of the next two
years, with interest thereon at 6% per annum. Thus, Company will owe to County
the sum of$19,640.77 on June 1,2003, June 1,2004,and June 1,2005. The parties
acknowledge that the total cost of said paving project will exceed $70,000, but
County agrees to pay any such costs exceeding $70,000.
4. SEVERABILITY.
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
6. MODIFICATION AND BREACH.
This Agreement contains the entire agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction,whether oral or written. No modification, amendment,novation,
renewal, or other alteration of or to this Agreement shall be deemed valid or of any
force or effect whatsoever, unless mutually agreed upon in writing by the
undersigned parties. No breach of any term,provision, or clause of this Agreement
Page 2 of 3 Pages
shall be deemed waived or excused,unless such waiver or consent shall be in writing
and signed by the party claimed to have waived or consented. Any consent by any
party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this ,?9 day of
Or/ , 2002.
COMPANY:
ROGGEN FARMERS' ELEVATOR
COMPANY
By: q. y.- f
Title: el-
SUBSCRIBED AND SWORN to before me this$ytalay of 4647/ , 2002.
WITNESS my hand and official seal.
49enyi
Notary Public
My commission expires: (7.2 V-`93
ATTEST: I) / I COUNTY OF WELD, STATE OF
77 COLORADO, by and through the Board of
��` County Commissioners of Weld County
�.p 1861 ir
'! iv l 12.41—A
Co' ifi co '.I�i i t, By:
Clerk to the Board 0 ? I Glenn Vaad, Chairman
T (C5/Cl0a)
Page 3 of 3 Pages
MEMORANDUM
414-;
TO: Clerk to the Board DATE: April 29, 2002
' FROM: Frank B. Hempen, Jr.
Director of Public Works/County Engineer
C SUBJECT: Agenda Item
COLORADO
Please place the following item on the Board's next agenda:
Agreement between Roggen Elevation Associations and Weld County to share in the cost
of improvements for WCR 24.5 from WCR 73 easterly 1,750 feet.
The appropriate documentation is attached.
Enclosures
pc: WCR 24.5 file
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