HomeMy WebLinkAbout20052187.tiff RESOLUTION
RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WCR 18
AND AUTHORIZE CHAIR TO SIGN - ANN STONEBRAKER
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 Weld County Road 18 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 Ann Stonebraker, 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 ImprovementsAgreementfor Weld County Road
18 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 Ann
Stonebraker 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 3rd day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
11 ELa WELD COUNTY, COLORADO
1861 " + William H. rke, Chair
{to erk to the Board
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'42)�, ',.7 "v`y M. J. eilejog
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Deputy Clerk to the Board
Da . E. Lon
AP O DASTOF
Robe D. Mas e
ounty Attorney Gy 2,. .?/_ ___
Glenn Vaad
Date of signature: _ "! 6--
2005-2187
n EG0052
f 6 MEMORANDUM
WIDC TO: Clerk to the Board DATE: July 27, 2005
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COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Please submit this item for the Board's next agenda.
Road Maintenance and Improvements Agreement for Dust Suppression
with Ann M. Stonebraker
The appropriate documentation is attached.
Enclosures r._7
pc: Donald Carroll, Engineering Administrator F. Y " .
ril
Keith Meyer, Engineering Manager Ti
Peter Schei, Senior Engineer Development Supervisor
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2005-2187
6 �
COUNTY OF WELD,STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this /2 day of 2005,by and between the
COUNTY of WELD STATE of, hereinafter called"COUNTY"and Ann M. Stonebtaker,hereinafter called
"STONEBRAKER".
WHEREAS, STONEBRAKER has been granted a Weld County Amended Use by Special Review
(AMUSR- 1416) for an Equipment Staging&and Storage Facility in the NE 1/4 of Section 28,Township 2
North,Range 64 West of the 6th P.M.
WHEREAS,the AMUSR generates an increase in vehicle traffic, and
WHEREAS, the existing County roads that serve the AMUSR will require increased maintenance and
improvement due to the increase in vehicle traffic and
WHEREAS,the COUNTY and STONEBRAKER have reviewed maintenance and improvements
proposals put forth by STONEBRAKER and both parties agree that such maintenance and improvements will
enhance the accessibility and safety of the roads that serve said AMUSR
NOW THEREFORE,in consideration of the mutual covenants and conditions hereinafter set forth,the
COUNTY and STONEBRAKER agree as follows:
1. Term:The term of this Agreement shall be from the date first written above to and until Weld
County Road 18 is paved.
2. Jr-ration: The county road that serves said AMUSR is WCR 18.
3. Improvement and Maintenance to WCR 18:
A. The COUNTY shall be responsible for general maintenance, including grading and
snow removal. The COUNTY shall be responsible for the preparation of the road base
prior to the application of the dust suppressant chemicals described in 3B herein.
B. STONEBRAKER shall apply dust suppression chemicals(magnesium chloride or
calcium chloride)on said road as determined by the Public Works Department at 26536
WCR 18 twice a year or as needed,applying for approximately 300 linear feet in front of
the existing home along WCR 18. The first application will be after issuance of the
certificate of occupancy.
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.
5. Indemnification: To the extend authorized by law, STONEBRAKER 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 STONEBRAKER in performance of the duties set forth in this
Agreement on those portions of said roads described in this Agreement. The term liability
IIIIII VIII VIII VIII IIIIII III IIIII'll III VIII IIII IIII
3314206 08/18/2005 11:01A Weld County, CO
1 of 2 R 0.00- 0 0.00 Steve Moreno Clerk& Recorder - d OOS —°VP9
Road Maintenance and Improvements Agreement
AMUSR- 1416
Page 2
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 STONEBRAKER
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 arty 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 not be assignable without prior written consent of
COUNTY or STONEBRAKER whichever is the non-assigning party.
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement the day and year first
above written_ )
Al LEST: J��""""7 4" 40, � lCaC``
` BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board 1 ea `i WELD COUNTY, COLORADO
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BY: La ,y �I( %fli gy
Deputy lerk to the Board Si'( AV 1 -, William II. Serke, Chair AUG 0 3 2005
ANN M. STONEBRAKER
By:
Ann M. Stonebraker
111111 BO 1111111111111111 11111111 III 11111
2 1of 2420 R 0.00 0 0.00 11:01R Weld County, CO
Steve Moreno Clerk& Recorder
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