HomeMy WebLinkAbout20042188.tiff RESOLUTION
RE: APPROVE INDEMNITY AND HOLD HARMLESS AGREEMENT FOR USE OF WELD
COUNTY GRAVEL PIT AND AUTHORIZE CHAIR TO SIGN - POUDRE VALLEY
RURAL ELECTRIC ASSOCIATION, INC.
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 Indemnity and Hold Harmless
Agreement for Use of Weld County Gravel Pit, between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and Poudre Valley Rural
Electric Association, Inc., with terms and conditions being as stated in said indemnity
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said indemnity
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 Indemnity and Hold Harmless Agreement for Use of Weld
County Gravel Pit, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Poudre Valley Rural Electric Association, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said indemnity agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of July, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
EL WELD COUNTY, COLORADO
kia%Oa: EXCUSED
86t
t 11-9Robert D. Masden, Chair
e�fd-Qgu rk to the Board
William H J rke, Pro-Tem
nyt
Deputy Clerk to the Board _
M. . r eilej
APPR AS TO F
David E. Long
n Attorne
EXCUSED
Glenn Vaad
Date of signature: 4pclo9
// 2004-2188
EG0050
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INDEMNITY AND HOLD HARMLESS AGREEMENT
FOR USE OF WELD COUNTY GRAVEL PIT
Agreement is made on this 28day of July, 2004, in the County of Weld, State of Colorado.
The parties to this agreement are in the County of Weld, by and through the Board of County
Commissioners of the County of Weld,hereinafter referred to as"County,"and Poudre Valley Rural
Electric Association, Inc., their agents, assignees and employees, hereinafter referred to as
"Indemnitor".
In consideration for County's agreement with Indemnitor,the County shall allow Indemnitor
use of the County's property known as the "Pierce Gravel Pit" for blasting safety training. The
Pierce Gravel Pit is located at the intersection of Weld County Roads 94 and 37.
Section I
Uses Limited
County and Indemnitor agree that the uses for blasting safety training shall be limited so there
will be no compromise or degradation to the property or County's operations therein,and no danger
posed to County's employees or agents.
Section II
Scope of Idenmnity
Indemnitor agrees to indemnify against liability and to save harmless,to the extent allowed
by law, County from any liability or damages County may suffer as a result of claims, demands,
costs,or judgements instituted by Indemnitor,its agents,employees,invitees,or anyperson claiming
through them, or by any third party, against County arising out of Indemnitors', its agents' or
employees' operation or use of the Pierce Gravel Pit for blasting safety training or arising from any
accident,injury or damage,however caused,including the acts and omissions of third parties,to any
person or persons, or to the property of any person, or corporation occurring during the term of this
agreement in relation to use of the aforementioned Pierce Gravel Pit by the Indemnitor.
Indemnitor further agrees to hold harmless and defend County, by counsel reasonably
satisfactory to the County,against all claims and demands arising out of Indemnitors operations and
use of the Pierce Gravel Pit, no matter whether such claims are made informally, in arbitration or
mediation proceedings, or in court proceedings.
Section III
Period Covered
This indemnity will extend from the date of this Agreement to and until the date Indemnitor
last uses the Pierce Gravel Pit for blasting safety training.
1
Section IV
Expenses, Attorney's Fees, and Costs
Should it become necessary for purposes of resisting, adjusting, or compromising any
claim(s) or demand(s) arising out of the subject matter with respect to which indemnification is
provided by this Agreement, or for purposes of enforcing this Agreement, for County to incur any
expenses, or become obligated to pay any attorney's fees or court costs, Indemnitor agrees to
reimburse County for such expenses, attorney's fees, or costs within a reasonable time,in no event
to exceed 30 days, after receiving written notice from County of incurring of such expenses,
attorney's fees, or costs.
Section V
Notice of Claim Against County
County agrees to give Indemnitor notice within thirty(30)days of any claim(s)made against
County on the obligations indemnified against.
Section VI
Miscellaneous
This Agreement is governed by the laws of the State of Colorado. Any and all legal action
necessary to enforce the contract will be held in Weld County, Colorado, and the contract will be
interpreted according to the laws of Colorado.
Section VII
Severability
If any term or provision of this Agreement, or application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provisions, to a person or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term and
provision of this contract shall be deemed valid and enforceable to the extent permitted by law.
h NED this 28th day
of
July, 2004.
ay/ J
COUNTY OF WELD a political subdivision
-?) of the STATE OF COLORADO:
f.
By By
Deputy Cler to the B William H. Jerke, Chair Pro-Tem
Board of County Commissioners of the
County of Weld
2
POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION, INC.
3
Poudre R
POUDRE VALLEY RURAL Valley EA
ELECTRIC ASSOCIATION, INC.
7649 REA PARKWAY•P.O. BOX 272550 FORT COLLINS •(970) 226-1234
FORT COLLINS, COLORADO 80527-2550 FAX NO. •(970) 226-2123
1-800-432-1012
July 27, 2004
C -z
D de
JULy92
ArrELD UNTY
NEY S OFFICE
Weld County Attorney' s Office
915 Tenth Street
P.O. Box 758
Greeley, Co 80632
Attn: Bruce T. Barker, Weld County Attorney
FAX: (970) 352-0242
Subject : Idemnity and Hold Harmless Agreement
Dear Mr. Barker:
Attached is the signed Indemnity and Hold Harmless
Agreement for approval and signature by the Board of County
Commissioners of Weld County.
Thank you for your attention and quick turn around of this
document .
Please return a signed copy to me at the following FAX
number: 970-282-6483
Sincere ,
im Stanton
Operations Manager
AN EQUAL OPPORTUNITY EMPLOYER Your Touchstone Energy® Partner �(,'ir)i
WELD COUNTY ATTORNEY'S OFFICE
(it
915 TENTH SOXEET
P.O. BOX 758
GREELEY, CO 80632
ID WEBSITE: www.co.weld.co.us
C. PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO July 27, 2004
Tim Stanton
Operations Manager
Poudre Valley REA
7649 REA Parkway
P.O. Box 272550
Fort Collins, CO 80527-2550
FAX: (970) 282-6483
Re: Indemnity and Hold Harmless Agreement
Dear Mr. Stanton:
Don Warden, Director of Finance and Administration for Weld County, asked me to produce an
Indemnity and Hold Harmless Agreement for your review. It is enclosed. Please review the
Agreement and let me know if you have any questions. I may be reached at (970) 356-4000, ext.
4390. If the Agreement is acceptable, please see that the appropriate person signs and send it to
me for approval and signature by the Board of County Commissioners of Weld County.
Sinc y,
aarrke�
eld County Attorney
Enc.
pc: Don Warden
Bill Spalding
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