HomeMy WebLinkAbout20011096.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR ROAD MAINTENANCE AND SNOW REMOVAL AND
AUTHORIZE CHAIR TO SIGN - CITY OF BROOMFIELD
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 Road Maintenance
and Snow Removal 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 City of Broomfield, commencing upon full execution of said agreement, and ending
November 15, 2001, with further 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 Road Maintenance and Snow Removal
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 City of
Broomfield 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 23rd day of April, A.D., 2001.
,, ` BOARD OF COUNTY COMMISSIONERS
��% WELD C TY, COLORADO
ATTEST: �A tA �� , decv
al�<_� J. Geile, Chair
Weld County Clerk to the :tar. %„,* �g
XCUSED
cGlenn Vaad, Pro-Tem
BY: o o. **. e
Deputy Clerk to the Board ��� i�•f -�
W' ' m H. Jerke
ROV AST t C ,
vid . Lo g
ounty Attorney $,r0‘.---
Robert D. asden
2001-1096
EG0041
AGREEMENT FOR ROAD MAINTENANCE AND SNOW REMOVAL
THIS AGREEMENT is made and entered into this 5{� day of , 2001,
by and between the County of Weld, a political subdivision of the State of Colorado, whose address
is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as"Weld County," and the City
of Broomfield, a municipal corporation of the State of Colorado, whose address is One DesCombes
Drive, Broomfield, Colorado 80020, hereinafter referred to as"Broomfield."
WITNESSETH:
WHEREAS, Agreements between Weld County and other governmental entities are
authorized and provided for by the provisions of Section 29-1-203, C.R.S. , and so provided for by
Section 2-3 of the Weld County Home Rule Charter, and
WHEREAS, Weld County maintains the roadways within the unincorporated portions of
Weld County by and through its Public Works Department, and
WHEREAS, Broomfield is responsible for maintaining streets and roadways within its city
boundaries, and
WHEREAS, Broomfield is in need of blading and snow removal for a portion of Weld
County Road ("WCR") 11, which is now located within Broomfield's boundaries, and
WHEREAS, Weld County is in need of snow removal on portions of WCR 6 and WCR 4,
and Johnson Lane and Lowell Lane within the Ranch Eggs Subdivision, and
WHEREAS, Weld County and Broomfield have in the past had and will have, subject to
appropriation, the resources in the future to perform said maintenance in accordance with the terms
and conditions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. WELD COUNTY AGREES: To grade roadway on a weekly basis and to remove
snow from that portion of WCR 11 between WCR 4 and WCR 8. Broomfield shall
remain responsible for any necessary gravel, road base, culvert and road sign
placement and/or replacement.
2. BROOMFIELD AGREES: To remove snow from that portion of WCR 6 from WCR
11 west approximately one and one-half(1.5) miles, that portion of WCR 4 east from
WCR 7 approximately one-half(.5) mile, that portion of 175th Ave from WCR 7 west
approximately one-half(.5) mile and Johnson Lane and Lowell Lane within the Ranch
Eggs Subdivision. Weld County shall remain responsible for all other road
Page 1 of 3 Pages
2.001-1096
maintenance including street repairs and road sign placement and/or replacement.
3. TERM: This Agreement shall be in effect from its date of signing to and until
November 15, 2001, at which time it may be renewed by letter annually for successive
one-year periods until such time as it is terminated as set forth in Section 4, below.
4. TERMINATION: Prior to the date of termination set forth in Section 3, above, this
Agreement may be terminated by either party upon providing to the other party
written notice of such termination at least 30 days prior to the projected date of
termination.
5. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written
consent of Weld County or Broomfield, whichever is the non-assigning party.
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 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.
7. 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 a provision to the extent this Agreement is then capable of execution
within the original intent of the parties hereto.
8. 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 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 deemed an incidental beneficiary only.
IN WITNESS WHEREOF, parties have hereunto set their hand and seals the date first
written above.
Page 2 of 3 Pages
written above.
ATTEST: �//) � � 6, �./ in%` COUNTY OF WELD, a political subdivision
/�TM� 7 of the STATE OF COLORADO
CLERK TO THE BOARDS .p `�
' p it T'.
BY: Leff" P^,'' I BY: 14)//e
Deputy Clerk *ft CM, M. J. Geile, Chairman (U°//a3/ i)
voi
ATTEST: CITY OF BROOMFIELD, a municipal
corporation of the STATE n� OF COLORADO
BY: Utz BY: ii. ,L yY I.
City erk William Berens, Mayor
APPROVED AS TO FORM:
BY:
Ci P. Lt-"J
Attorney
�E .0.440
`pp?OR4j4e, et;
•
k ' . SEAL : '`
Page 3 of 3 Pages
CityEE
of BrS oomfieldON IVE BROOMFIELD,CO 80020 (303)469-3301
RECEIVED
March 12, 2001
MAR 15 2001
Mr. Jeff Jerome wtw couruTY
Operations Division Manager PUBLIC WORKS DEPT
Weld County Public Works Department
1111 H. Street
P.O. Box 758
Greeley, CO 80632-0758
RE: Road Maintenance Agreement & Snow Removal
Dear. Mr. Jerome:
Please find enclosed the road maintenance and snow removal agreement as well
as a new map. We have made a few changes to the agreement that you sent
after the City Attorney had his review (mostly clarifications). Please review and if
you and the Chairman find it acceptable, contact me so we can obtain original
signatures for our City Council and Mayor's approval.
The City would like to personally thank you and your superior's for working with
us on this agreement. If you should have any questions or comments, please
contact me at once. My phone number is (303) 464-5637.
Sincerely,
uosce-47,p_
R. Wayne Ramey
Deputy Director of Public Works — Field Operations
Enc.
AO0/- /O96,
7\ Attachment 1
Qt VICINITY MAP
FEBRUARY 27, 2001
BROOMFIELD/WELD COUNTY AGREEMENT
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