HomeMy WebLinkAbout800682.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AND BEST WAY PAVING,
INC. CONCERNING RENTAL OF TRAILER AND AUTHORIZATION FOR CHAIR-
MAN 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, an agreement between Weld County and Best Way Paving,
Inc. concerning the rental of a Weld County trailer has been pre-
sented to the Board of County Commissioners of Weld County, Colo-
rado for approval, and
WHEREAS, the term of said agreement shall be for a maximum of
two (2) months, commencing August 6 , 1980 and the rental rate shall
be $250. 00 per month, and
WHEREAS, the Board of County Commissioners has studied said
agreement and deems it advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of Weld County, Colorado that the agreement between Weld
County and Best Way Paving, Inc. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of the
Board of County Commissioners is hereby authorized to sign said
agreement.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 6th day of
August, A.D. , 1980.
t'Yl1j / :-.1-„ -{- - BOARD OF COUNTY COMMISSIONERS
ATTEST: �f1 nn YP,Wit/� tp, rcI WELD COUNTY, COLORADO
Weld County Clerk and Recorder (t 122/1c/tl
and Clerk to the Bo rd C . W. Kirby, chairman
BY i/\k( tick { ,L 1C(if.A )C)—ti. ! +tc, 4 k-
,, , z<
/ Deputy Coun�y Jerk eonard L. Roe, Pro-Tem
APPROVED AS TO FORM:
Norman Carlson
County Attorney
L Dunbar
e K. Stei mark
/
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ra DATE PRESENTED : AUGUST 6 , 1980
LEASE
THIS AGREEMENT, made and entered into this F` day of August,
1980, by and between the COUNTY OF WELD, STATE OF COLORADO, herein-
after referred to as "Lessor" and BEST WAY PAVING, INC. , hereinafter
referred to as "Lessee" ,
WITNESSETH:
That for and in consideration of the rental herein agreed to
be paid by Lessee to Lessor and the covenants and agreements herein
agreed to be kept and performed, Lessor hereby leases to Lessee, for
the term hereafter designated, one four-wheel trailer with identifi-
cation #6405088 together with a 5, 500 gallon asphalt tank which is
mounted thereon.
SECTION I. TERM
The term of this lease shall be for a maximum period of two (2)
months, commencing August 6 , 1980, and at the end of said maximum
two (2) month term, the Lessor shall be entitled to immediate
possession of said trailer and tank.
SECTION II. RENTAL
The rental to be paid by Lessee to Lessor shall be the sum of
TWO HUNDRED FIFTY DOLLARS ($250. 00) per month. Possession by the
Lessee of said trailer and tank for any portion of any month shall
entitle the Lessor to the full payment for that month. Said monthly
rental payment shall be payable in advance, the first payment being
due upon the execution of this lease, and the second payment being
due on or before September 6, 1980. Said payment shall be made to
the County of Weld, State of Colorado at the Weld County Centennial
Center, 915 10th Street, Greeley, Colorado 80631 .
SECTION III. TRANSPORTATION
Lessee agrees that the subject trailer will not be operated
on any public roads and that any transportation of said trailer
and tank by the Lessee will be accomplished by the use of a lowboy
or other transport vehicle. The parties hereto further agree that
should the Lessee require transporation of said trailer other than
as stated above, said transportation shall be provided by the
Lessor. If the lessee requires transportation of said trailer and
tank by the Lessor, the Lessee shall reimburse the Lessor for the
actual costs of said transportation. Mileage shall be calculated
to include mileage of the towing vehicle from the Weld County Shops
in Greeley, Colorado to the site where said trailer is placed in
tow and shall include all mileage of said towing vehicle while
said trailer is in tow as well as mileage required to return to
the Weld County Shops in Greeley, Colorado.
SECTION IV. DELIVERY OF TRAILER - RETURN
Said trailer shall be delivered to the Lessee at the Weld
County Shops in Ault, Colorado. Said trailer shall be returned
by the Lessee at the conclusion of this lease to said County Shops
in Ault, Colorado. At the option of the Lessee, the Lessor will
transport said trailer from Ault to the Lessee ' s office in
Greeley, Colorado for the sum of $46. 00, said amount to be paid
to the Lessor at the time of execution of this lease. Should
the Lessee fail to make delivery of said trailer to the County
Shops in Ault, Colorado at the conclusion of this lease, the
Lessee shall be liable for the costs of returning said vehicle
to said shops.
SECTION V. MAINTENANCE OF TRAILER - NORMAL WEAR AND TEAR
The parties hereto agree that said trailer and tank shall be
returned to the Lessor upon the expiration of this agreement in
the same condition as it is delivered to the Lessee excepting
normal wear and tear. The cost of repair for any damage beyond
normal wear and tear shall be reimbursed by the Lessee to the
Lessor at the conclusion of this agreement.
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SECTION VI. RIGHT OF INSPECTION
Lessor reserves and retains for its officers, employees and
authorized representatives the full right to inspect said trailer
and tank during the term of this agreement.
SECTION VII . INDEMNIFICATION
Lessee covenants and agrees that it will indemnify and save
harmless Lessor from all demands , claims , costs, causes of action
or judgments and from all expenses that may be incurred in investi-
gating or resisting the same, arising from or growing out of any
act or negligence of Lessee, its contractors, agents , employees ,
invitees , servants , sublessees, successors or assigns in connec-
tion with its lease of said trailer and tank.
SECTION VIII. NON-ASSIGNMENT
Lessee shall not assign any of its rights to this lease agree-
ment, in whole or in part, without the prior written consent of
Lessor.
SECTION IX. DEFAULT
Should Lessee fail, refuse or neglect to pay any rent as pro-
vided herein or should Lessee breach any of the terms and condi-
tions of this lease agreement, Lessor shall become entitled to
immediate possession of said trailer and tank upon giving Lessee
notice of such breach in writing pursuant to Colorado law.
DATED this C' day of August, 1980.
/ BOARD OF COUNTY COMMISSIONERS
ATTEST: 1i&'• l-twv,!'=� 'nL'•tfr=3c' WELD COUNTY, COLORADO
Weld County Clerk and Recorder By: A )/ LL (
and Clerk to theiB rd C. W. Kirby, Chairman kr Deputy County Clerk 7'
( LESSEE:
BEST WAY PAVING , INC.
/I
/
By: 1, /7 ( / %,( '�.
Carl V. Hill
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