HomeMy WebLinkAbout20002292.tiff RESOLUTION
RE: APPROVE FIVE AGREEMENTS CONCERNING IMPROVEMENTS TO WELD
COUNTY ROAD 4 WITH VARIOUS PROPERTY OWNERS AND AUTHORIZE CHAIR
TO SIGN
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 five Agreements Concerning
Improvements to Weld County Road 4 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 following property owners, with terms and conditions being as stated in
said agreements:
1. Horst and Donna Mueller
2. Harley Crandall and Doris Fox
3. Michael Schweitzer
4. Melvin and Bernadine Dirksen
5. Kenneth Wolfgang
WHEREAS, after review, the Board deems it advisable to approve said agreement>,
copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the five Agreements Concerning Improvements to Weld County
Road 4 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 above
listed property owners be, and hereby are, approved
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements.
2000-2292
��w f� Z�f ti�,i c �,rt L E(30039
FIVE AGREEMENTS CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 4
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of September, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
/awe
ATTEST: ��!cE 71:: v4l(
L
Barbara J.yerkmeyer, hair
Weld County Clerk to th-t18 o1
-
i ►r M. J. Guile, Pro-Tem
BY: i/ i 1$. �_' .r / t
Deputy Clerk to the B�Rw)nr, �� � /� � t
GeergeZ. Baxter
\ � �� /
APPROVED AS FORM:
/ Dale K. Hall
bounty Attorney EXCUSED ---
Glenn Vaad
2000-2292
EG0039
61-it til#H.-"•1:7,
MEMORANDUM
ID
C TO: Clerk to the Board DATE: Septi/rnbcr ?Ot,
COLORADO FROM: Frank B. Hempen, Jr., ifi�/
Director of Public Works/County Engineer hi
SUBJECT: Request for Chair's Signature II
Please submit the enclosed five Agreements for the Chair's signature. The Board has already ,:pOiovs it:
Agreement concerning Improvements to WCR 4 with Mueller, Fo Schweitzer, Dirksei . Aid -yttlfga,
Enclosures
20 I)-.2,j. ,
(9190
AGREEMENT
CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 4
BETWEEN HORST MUELLER, DONNA M. MUELLER, AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this day of 2000,by and between
HORST MUELLER and DONNA M. MUELLER, wh `�address 3348 Weld County Road 4,
Erie, Colorado, 80516, hereinafter referred to as "OWNERS," and the County of Weld, a body
corporate and politic of the State of Colorado,by and through its Board of County Commissioners,
hereinafter referred to as "COUNTY."
BACKGROUND INFORMATION
A. OWNERS are the owners of the real property located at 3348 Weld County Road 4,
Erie, Colorado, 80516,with a legal description as set forth on Exhibit A,attached to
and incorporated herein, hereinafter referred to as "the Subject Property."
B. A borrow ditch runs along the portion of the Subject Property and is in or adjacent
to the right-of-way for Weld County Road 4, hereinafter referred to as the "Borrow
Ditch."
C. OWNERS wish to have installed a culvert to replace the Borrow Ditch, and
COUNTY is willing to install the culvert, pursuant to the terms and conditions as
hereinafter set forth.
D. The parties wish to set forth their agreement in writing.
NOW THEREFORE, in consideration of their mutual promises, as set forth in this Agreement, the
parties agree as follows:
1. The above recitals are incorporated into this Agreement.
2. OWNERS agree to pay a total of$016l1 cover the cost of the culvert pipe and
materials required for the culvert,which payment shall be due upon execution ofthis
Agreement.
3. COUNTY agrees to provide, at COUNTY expense, all labor and equipment, not
including the actual culvert pipe and materials, required to install the culvert
4. OWNERS shall install,at OWNERS' expense, grates on the ends of the culvert pipe
to protect the pipes from trash, debris, and foreign matter. OWNERS also agree to
install,at OWNERS' expense,concrete clean-outs every 100 feet,or where openings
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are left by the COUNTY installers, across the entire length of the culvert. All
concrete clean-outs shall be installed so that the top of each clean-out does not
exceed ground level in height. OWNERS shall ensure that the newly installed
culvert is joined to the appropriate existing culverts.
5. OWNERS will be responsible at all times to keep the culvert pipe clean, and for the
maintenance of the culvert. If at any time the culvert, grates, or concrete clean-outs
have not properly been maintained, COUNTY shall have the right, brut not the
responsibility, to require that OWNERS clean the culvert, grates, or concrete clean-
outs, and, if OWNERS fail to clean the culvert, grates or concrete clean-outs within
a reasonable time, as specified by the COUNTY, not to be less than ten days,
COUNTY may then perform the required maintenance. The cost Ihr such
maintenance shall be a personal obligation of the OWNERS,and may become a lien
against the Subject Property until paid. COUNTY may pursue collection of such
obligation by any available legal remedy. Notwithstanding any of the terms or
conditions contained herein, COUNTY shall not be required to perform any
maintenance as set forth in this Agreement.
6. OWNERS warrant that OWNERS are authorized to enter into this Agreement
concerning the Subject Property, and there is no other party or entity who holds an
interest in the title to the Subject Property who is not named in this Agreement.
7. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth ';iercin,
and no oral representation, promise, or consideration different from the terms herein
contained shall be binding on either party hereto, or its agents or employees. This
Agreement embodies all agreements between the parties hereto and there arc no
promises, terms, conditions, or obligations referring to the subject matter NA hereof
other than as contained herein.
8. If any term or provision of this Agreement, or the 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 Agreement shall he
deemed valid and enforceable to the extent permitted by law.
9. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement.
10. Ii is expressly understood and agreed that the enforcement of the terms and
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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.
11. Except for the negligence of COUNTY, OWNERS shall indemnify and save
harmless COUNTY,its successors,assigns,employees,and agents from any damage
or loss sustained by them or any of them arising by reason of OWNERS' negligence
with respect to the installation or maintenance, or both, of the culvert on the Subject
Property.
12. Except for the negligence of COUNTY, OWNERS agree to protect COUNTY and
save and hold it harmless from any and all third party claims and damages that the
installation or maintenance, or both, of the culvert on the Subject Property may
directly or indirectly cause and hereby release COUNTY, its successors, assigns,
employees,and agents from any and all claims and damages of whatsoever character
to the Subject Property resulting from any act, either on the part of COUNTY or on
the part of any third party.
13. It is mutually agreed that the tenns and conditions of this Agreement shall extend to
and be binding upon the heirs, executors, administrators, successors, and assigns of
the respective parties hereto, and any subsequent title interest holder of the Subject
Property shall take such title interest subject to the terms and conditions of this
Agreement.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written.
O ' RS: j/9
#fidat>4 IN.A---- -
I orst Mueller .•'"-o1c a ',.,
SUBSCRIBED AND SWORN TO before me this jS day of July, 2000, iWrs`Y�1dbtfc.p. •- .
'y4,_u.
: • ?
ft o WITNESS my hand and ialiel.E. V'. .'..\,I
Not. Public
My Commission expires: I C 9 /O2--
Page 3 of 4
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784 /21 JA County C0 t ukamoto
3 of R 0.00 D 0.00 Weld
Donna M. Mueller .pba4e".4;'..4\
•.4
SUBSCRIBED AND SWORN TO before me this as day of July, 2000,by fir:
r :
a.. �� ..
Nota ublic -lsp�
My Commission Expires: . /09/0
BOARD OF COUNTY COMMISSIONERS
ATTEST. e g -04 OF WELD COUNTY, STATE OF
CLERK TO THE BOARD COLORADO
�!?
tec.
app �// Y)
BY: 2QiL/LGt/ ��i 1;�� ���UUUrrr ,f B GC
Deputy Clerk to they:, + a- 4 Barbara J. Kirkm er, Chaim
y l " it � (0905/2000)
m\wpitties\agreemntAwct4muell.agr ��-----.�
Page 4 of 4
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mac/ (
AGREEMENT
CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 4
BETWEEN HARLEY CRANDALL, DORIS J. FOX, AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this day o f__\,. ,2000,by and between
HARLEY CRANDALL and DORIS J. FOX, whose address is 331D8 Weld County Road 4, Erie,
Colorado, hereinafter referred to as "OWNERS," and the County of Weld, a body corporate and
politic of the State of Colorado, by and through its Board of County Commissioners, hereinafter
referred to as "COUNTY."
BACKGROUND INFORMATION
A. OWNERS are the owners of the real property located at 3398 Weld County Road 4,
Erie, Colorado, with a legal description as set forth on Exhibit A, attached to and
incorporated herein, hereinafter referred to as "the Subject Property."
B. A borrow ditch runs along the portion of the Subject Property and is in or adjacent
to the right-of-way for Weld County Road 4, hereinafter referred to as the "Borrow
Ditch."
C. OWNERS wish to have installed a culvert to rplace the Borrow Ditch, and
COUNTY is willing to install the culvert, pursuant to the terms and conditions as
hereinafter set forth.
D. The parties wish to set forth their agreement in writing.
NOW THEREFORE, in consideration of their mutual promises, as set forth in this Agreement, the
parties agree as follows:
I. The above recitals are incorporated into this Agreement.
2. OWNERS agree to pay a total of$ 71..cover the cost of the culvert pipe and
materials required for the culvert,which payment shall be due upon execution of this
Agreement.
3. COUNTY agrees to provide, at COUNTY expense, all labor and equipment, not
including the actual culvert pipe and materials, required to install the culvert.
4. OWNERS shall install, at OWNERS' expense, grates on the ends of the culvert pipe
to protect the pipes from trash, debris, and foreign matter. OWNERS also agree to
install,at OWNERS' expense,concrete clean-outs every 100 feet,or where openings
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IIII
2798891 10/09/2000 11:55A JA Suki Tsukamoto
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are left by the COUNTY installers, across the entire length of the culvert All
concrete clean-outs shall be installed so that the top of each clean-out does not
exceed ground level in height. OWNERS shall ensure that the newly installed
culvert is joined to the appropriate existing culverts.
5. OWNERS will be responsible at all times to keep the culvert pipe clean, and for the
maintenance of the culvert. If at any time the culvert, grates, or concrete c lean-outs
have not properly been maintained, COUNTY shall have the right, but not the
responsibility,to require that OWNERS clean the culvert, grates, or concrete clean-
outs, and, if OWNERS fail to clean the culvert, grates or concrete clean-outs within
a reasonable time, as specified by the COUNTY. not to be less than len days,
COUNTY may then perform the required maintenance. The cost for such
maintenance shall be a personal obligation of the OWNERS, and may become a 1 en
against the Subject Property until paid. COUNTY may pursue collection of such
obligation by any available legal remedy. Notwithstanding any of the terms or
conditions contained herein, COUNTY shall not be required to perform any
maintenance as set forth in this Agreement.
6. OWNERS warrant that OWNERS are authorized to enter into this Agreement
concerning the Subject Property, and there is no other party or entity who holds an
interest in the title to the Subject Property who is not named in this Agreement.
7. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein,
and no oral representation,promise, or consideration different from the terms herein
contained shall be binding on either party hereto, or its agents or employees This
Agreement embodies all agreements between the parties hereto and there arc no
promises, terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
8. If any term or provision of this Agreement, or the 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 Agreement shall be
deemed valid and enforceable to the extent permitted by law.
9. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement.
10. It is expressly understood and agreed that the enforcement of the terms and
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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.
11. Except for the negligence of COUNTY, OWNERS shall indemnify and save
harmless COUNTY,its successors,assigns,employees,and agents from any damage
or loss sustained by them or any of them arising by reason of OWNERS' negligence
with respect to the installation or maintenance,or both, of the culvert on the Subject
Property.
12. Except for the negligence of COUNTY, OWNERS agree to protect COUNTY and
save and hold it harmless from any and all third party claims and damages that the
installation or maintenance, or both, of the culvert on the Subject Property may
directly or indirectly cause and hereby release COUNTY, its successors, assigns,
employees,and agents from any and all claims and damages of whatsoever character
to the Subject Property resulting from any act, either on the part of COUNTY or on
the part of any third party.
13. It is mutually agreed that the terms and conditions of this Agreement shall extend to
and be binding upon the heirs, executors, administrators, successors, and assigns of
the respective parties hereto, and any subsequent title interest holder of the Subject
Property shall take such title interest subject to the terms and conditions of this
Agreement.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written.
S ,...
o ti .K • 4 Hr OWN S:I C1ARYrk6/940-- S/S'77
n Harley eras?
(9RISR>: ND SWORN TO before me this .2S_day of July, 2000, by Harley ( khuell.
eircv
WITNESS my hand and official seal.
41,d-aAL.ary Public
My Commission expires: 1/09/02_
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Doris J. Fox
,'5 e ',
o ItpB ND SWORN TO before me this a2,5 day of July, 2000, by Doris J. fox
a,., RY .
W
N
^ ` N` o f N Public.
rr
1viiigtinffi Ybn Expires: .2/G 9/GL
BOARD OF COUNTY COMMISSIONERS
ATTEST: /°� ���'1/�; ♦ OF WELD COUNTY, STATE OF
CLERK TO THE BOARD 1 VILA� , COLORADO
B5 :_i '. ri'o.'^ 7� _ /; B d /( �,
Deputy Clerk to th '�' Barbara J. Kirkm er, Chair a
�P U v (09/23/2000)
1
nr.vwpfiles\agrecmntAwcr4 agr - �, 1�
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F9-.73
AGREEMENT
CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 4
BETWEEN MICHAEL F. SCHWEITZER, AND
WELD COUNTY, COLORADO 'TicTHIS AGREEMENT is made this,) ( day of , 2000, by and
between MICHAEL F. SCHWEITZER, whose address is 3298 WelntyRoad 4, Erie,
Colorado, hereinafter referred to as "OWNER," and the County of Weld, a body corporate and
politic of the State of Colorado,by and through its Board of County Commissioners,hereinafter
referred to as "COUNTY."
BACKGROUND INFORMATION
A. OWNER is the owner of the real property located at 3298 Weld County Road 4,
Erie, Colorado, with a legal description as set forth on Exhibit A, attached to and
incorporated herein, hereinafter referred to as "the Subject Property."
B. A borrow ditch runs along the portion of the Subject Property and is in or adjacent
to the right-of-way for Weld County Road 4, hereinafter referred to as the
"Borrow Ditch."
C. OWNER wishes to have installed a culvert to replace the Borrow Ditch, and
COUNTY is willing to install the culvert, pursuant to the terms and conditions as
hereinafter set forth.
D. The parties wish to set forth their agreement in writing.
NOW THEREFORE, in consideration of their mutual promises, as set forth in this Agreement,
the parties agree as follows:
1. The above recitals are incorporated into this Agreement.
OWNER agrees to pay a total of 77,t6`Cover the cost of the culvert pipe and
materials required for the culvert, which payment shall be due upon execution of
this Agreement.
3. COUNTY agrees to provide, at COUNTY expense, all labor and equipment, not
including the actual culvert pipe and materials, required to install the culvert.
4. OWNER shall install, at OWNER'S expense, grates on the ends of the culvert
pipe to protect the pipes from trash, debris, and foreign matter. OWNER also
agrees to install, at OWNER'S expense, concrete clean-outs every 100 feet. or
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where openings are left by the COUNTY installers, across the entire length of the
culvert. All concrete clean-outs shall be installed so that the top of each clean-out
does not exceed ground level in height. OWNER shall ensure that the newt`
installed culvert is joined to the appropriate existing culverts.
5. OWNER will be responsible at all times to keep the culvert pipe clean, and for
the maintenance of the culvert. If at any time the culvert, grates, or concrete
clean-outs have not properly been maintained, COI TNTY shall have the right, but
not the responsibility, to require that OWNER clean the culvert, grates, or
concrete clean-outs, and, if OWNER fails to clean the culvert, grates or concrete
clean-outs within a reasonable time, as specified by the COUNTY,not to he less
than ten days, COUNTY may then perform the required maintenance. The cost for
such maintenance shall be a personal obligation of the OWNER, and may become
a lien against the Subject Property until paid. COUNTY may pursue collection of
such obligation by any available legal remedy. Notwithstanding any of the terms
or conditions contained herein, COUNTY shall not be required to perform any
maintenance as set forth in this Agreement.
6. OWNER warrants that OWNER is authorized to enter into this Agreement
concerning the Subject Property, and there is no other party or entity who holds an
interest in the title to the Subject Property who is not named in this Agreement.
7. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party hereto, or its agents or
employees. This Agreement embodies all agreements between the parties hereto
and there are no promises, terms, conditions, or obligations referring to the subject
matter whereof other than as contained herein.
8. If any term or provision of this Agreement, or the 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
Agreement shall be deemed valid and enforceable to the extent permitted by law
9. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement he deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement.
10. It is expressly understood and agreed that the enforcement of the terms and
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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
11. Except for the negligence of COUNTY, OWNER shall indemnify and save
harmless COUNTY, its successors, assigns, employees, and agents from any
damage or loss sustained by them or any of them arising by reason of OWNER'S
negligence with respect to the installation or maintenance. or both, of the culvert
on the Subject Property.
12. Except for the negligence of COUNTY, OWNER agrees to protect COUNTY and
save and hold it harmless from any and all third party claims and damages that the
installation or maintenance, or both, of the culvert on the Subject Property may
directly or indirectly cause and hereby release COUNTY, its successors, assigns
employees. and agents from any and all claims and damages of whatsoever
character to the Subject Property resulting from any act, either on the part of
COUNTY or on the part of any third party.
13. It is mutually agreed that the terms and conditions of this Agreement shall extend
to and be binding upon the heirs, executors, administrators, successors, and
assigns of the respective parties hereto, and any subsequent title interest holder of
the Subject Property shall take such title interest subject to the terms and
conditions of this Agreement.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER UI;
Michael F. Schweitzer
SUBSCRIBED AND SWORN TO before me this J(5'j" day of July, 2000, by Michael P.
Schweitzer.
WITNESS my hand and official seal.
k)
dii t- A11 LOUD-c4rvi-_�_{
Notary Public
My Commission expires:
�• MYCOMMISSIONEXPIRES Page 3 of 4
it,` OCBTOBER ROOMRE
02
: COLORADO 80301
I 1111 11111 1111111 Inn 111111 II1 11111 1111IIII
2798893
4 10/09/2000
1 Weld County CO JA Suki ukamoto
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�f BOARD OF COUNTY COMMISSIONERS
ATTEST/&b7 4� i OF WELD COUNTY, STATE OF
CLERK TO THE BOARD COLORA O /
1361 - fin)
f/BY: h
Deputy Clerk to th � A Barbara J. Kirkme er, Cha11 BN. r
a�1 1� (09/25/2000)
Page 4 of 4
I Mill IIIII1111111IIIIIIII111111 'ILL UL!! " "
889310/09/20001JA Suki Tto
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AGREEMENT
CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 4
BETWEEN MELVIN R. DIRKSEN, BERNADINE D. DIRKSEN, AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this _51 day of Sep;e,,,,6 e4. , 2000, by and
between MELVIN R. DIRKSEN and BERNADINE D. DIRKSEN, whose address is 3198 Weld
County Road 4, Erie, Colorado, hereinafter referred to as "OWNERS," and the County of Weld,
a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, hereinafter referred to as "COUNTY."
BACKGROUND INFORMATION
A. OWNERS are the owners of the real property located at 3198 Weld County Road
4, Erie, Colorado, with a legal description as set forth on Exhibit A, attached to
and incorporated herein, hereinafter referred to as "the Subject Property."
B. A borrow ditch runs along the portion of the Subject Property and is in or adjacent
to the right-of-way for Weld County Road 4, hereinafter referred to as the
"Borrow Ditch."
C. OWNERS wish to have installed a culvert to replace the Borrow Ditch, and
COUNTY is willing to install the culvert, pursuant to the terms and conditions as
hereinafter set forth.
D. The parties wish to set forth their agreement in writing.
NOW THEREFORE, in consideration of their mutual promises, as set forth in this Agreement.
the parties agree as follows:
1. The above recitals are incorporated into this Agreement.
2. OWNERS agree to pay a total of$410,041.9 to cover the cost of the culvert pipe and
materials required for the culvert, which payment shall be due upon execution of
this Agreement.
3. COUNTY agrees to provide, at COUNTY expense, all labor and equipment. not
including the actual culvert pipe and materials, required to install the culverl.
4. OWNERS shall install, at OWNERS' expense, grates on the ends of the culvert
pipe to protect the pipes from trash, debris, and foreign matter. OWNERS also
agree to install, at OWNERS' expense, concrete clean-outs every 100 feet. or
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where openings are left by the COUNTY installers, across the entire length of the
culvert. All concrete clean-outs shall be installed so that the top of each clean-out
does not exceed ground level in height. OWNERS shall ensure that the newly
installed culvert is joined to the appropriate existing culverts.
5. OWNERS will be responsible at all times to keep the culvert pipe clean, and for
the maintenance of the culvert. If at any time the culvert, grates, or concrete
clean-outs have not properly been maintained, COI JNTY shall have the right, but
not the responsibility, to require that OWNERS clean the culvert, grates, or
concrete clean-outs, and, if OWNERS fail to clean the culvert, grates or concrete
clean-outs within a reasonable time, as specified by the COUNTY, not to be less
than ten days, COUNTY may then perform the required maintenance. The cost for
such maintenance shall be a personal obligation of the OWNERS, and may
become a lien against the Subject Property until paid. COUNTY may pursue
collection of such obligation by any available legal remedy. Notwithstanding any
of the terms or conditions contained herein, COUNTY shall not be required to
perform any maintenance as set forth in this Agreement.
6. OWNERS warrant that OWNERS are authorized to enter into this Agreement
concerning the Subject Property, and there is no other party or entity who holds an
interest in the title to the Subject Property who is not named in this Agreement.
7. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party hereto, or its agents or
employees. This Agreement embodies all agreements between the parties hereto
and there are no promises, terms, conditions, or obligations referring to the subject
matter whereof other than as contained herein.
8. If any term or provision of this Agreement, or the 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
Agreement shall be deemed valid and enforceable to the extent permitted by law.
9. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care which ;lid not
previously exist with respect to any person not a party to this Agreement
10. It is expressly understood and agreed that the enforcement of the terms ands
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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.
11. Except for the negligence of COUNTY, OWNERS shall indemnify and save
harmless COUNTY, its successors, assigns, employees, and agents from any
damage or loss sustained by them or any of them arising by reason of OWNERS'
negligence with respect to the installation or maintenance, or both, of the culvert
on the Subject Property.
12. Except for the negligence of COUNTY, OWNERS agree to protect COUNTY and
save and hold it harmless from any and all third party claims and damages that the
installation or maintenance, or both, of the culvert on the Subject Property may
directly or indirectly cause and hereby release COUNTY, its successors, assigns,
employees, and agents from any and all claims and damages of whatsoever
character to the Subject Property resulting from any act, either on the part of
COUNTY or on the part of any third party.
13. It is mutually agreed that the terms and conditions of this Agreement shall extend
to and be binding upon the heirs, executors, administrators, successors, and
assigns of the respective parties hereto, and any subsequent title interest holder of
the Subject Property shall take such title interest subject to the terms and
conditions of this Agreement.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNERS:
-17719-4,..,L.--) re-,
2 ��
Melvin R. Dirksen
SUBSCRIBED AND S f• beSFt•`ttt ilhis <day of. st, 2000, by Melvin R.
•
Dirksen. e �
•
It N •• A o WINE ,y hand mad-Official seal.
�119e •Cis. �C P• POf
'% OF\O�Or i/J L/
Nd.ary Public
My Commission expires:
Page Expires 6112/2001
Page 3 of 4
1111111 "III 1111111 IIII IIII 111111 1111 III 11111 IIII IIII
2798894 of 4 R 0 00 2000 0 0.00 11:55A
kamoto
Wed County CoC0
't.//�n '.uee... .
Bernadine D. Dirksen
SUBSCRIBED AND SWORN TO before me this " day of A7 St, 2000, by Bernadine D.
Dirksen.
Not Public
My Commission Expires:
BOARD OF COUNTY COMMISSIONERS
ATTEST: AO„ OF WELD COUNTY, STATE OF
CLERK TO THE BOARD ,` ✓ " COLORADO
lac ? '
(D>z)
BY: _ //� I ..T� ` _ ` ` ) BYE �/ L
Deputy Clerk to the B�Lr._)/u� � � / Barbara J. Kirkm yer, Chair
lN (09/25/2000)
Page 4 of 4
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9s
AGREEMENT
CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD 4
BETWEEN KENNETH L. WOLFGANG, AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this if--;; day of\o[-- 6 ������ , 2000, by and
between KENNETH L. WOLFGANG, whose address is 316E Weld County Road 4, Erie.
Colorado, hereinafter referred to as "OWNER," and the County of Weld, a body corporate and
politic of the State of Colorado, by and through its Board of County Commissioners,hereinafter
referred to as "COUNTY."
BACKGROUND INFORMATION
A. OWNER is the owner of the real property located at 3168 Weld County Road 4.
Erie, Colorado, with a legal description as set forth on Exhibit A, attached to and
incorporated herein, hereinafter referred to as "the Subject Property."
B. A borrow ditch runs along the portion of the Subject Property and is in or adjacent
to the right-of-way for Weld County Road 4, hereinafter referred to as the
"Borrow Ditch."
C. OWNER wishes to have installed a culvert to replace the Borrow Ditch, and
COUNTY is willing to install the culvert, pursuant to the terms and conditions as
hereinafter set forth.
D. The parties wish to set forth their agreement in writing.
NOW THEREFORE, in consideration of their mutual promises, as set forth in this Agreement.
the parties agree as follows:
1. The above recitals are incorporated into this Agreement.
2. OWNER agrees to pay a total of$t7 ,leQ cover the cost of the culvert pipe and
materials required for the culvert, which payment shall be due upon execution of
this Agreement.
3. COUNTY agrees to provide, at COUNTY expense, all labor and equipment not
including the actual culvert pipe and materials, required to install the culvert.
4. OWNER shall install, at OWNER'S expense, grates on the ends of the culvert
pipe to protect the pipes from trash, debris, and foreign matter. OWNER also
agrees to install, at OWNER'S expense, concrete clean-outs every 100 feet, or
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where openings are left by the COUNTY installers, across the entire length of the
culvert. All concrete clean-outs shall be installed so that the top of each clean-out
does not exceed ground level in height. OWNER shall ensure that the newly
installed culvert is joined to the appropriate existing culverts.
5. OWNER will he responsible at all times to keep the culvert pipe clean, and for
the maintenance of the culvert. If at any time the culvert, grates, or concrete
clean-outs have not properly been maintained, COUNTY shall have the right, but
not the responsibility, to require that OWNER clean the culvert, grates, or
concrete clean-outs, and, if OWNER fails to clean the culvert, grates or concrete
clean-outs within a reasonable time, as specified by the COUNTY, not to he less
than ten days, COUNTY may then perform the required maintenance. The cost for
such maintenance shall be a personal obligation of the OWNER, and may become
a lien against the Subject Property until paid. COUNTY may pursue collection of
such obligation by any available legal remedy. Notwithstanding any of the terms
or conditions contained herein, COUNTY shall not be required to perform any
maintenance as set forth in this Agreement.
6. OWNER warrants that OWNER is authorized to enter into this Agreement
concerning the Subject Property, and there is no other party or entity who holds an
interest in the title to the Subject Property who is not named in this Agreement.
7. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party hereto, or its agents cr
employees. This Agreement embodies all agreements between the parties hereto
and there are no promises, terms, conditions, or obligations referring to the subject
matter whereof other than as contained herein.
8. If any term or provision of this Agreement, or the 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
Agreement shall be deemed valid and enforceable to the extent permitted by law.
9. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care which d!d not
previously exist with respect to any person not a party to this Agreement.
10. It is expressly understood and agreed that the enforcement of the terms and
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o� BOARD OF COUNTY COMMISSIONERS
ATTEST: "�/ �� � OF WELD COUNTY, STATE OF
CLERK TO THE BOARD �,6 COLORADO
•_1 186.1 is,i , ' �,
BY I •_ ►►`i' B • )1.241‘,A—
Deputy
Clerk to the�:r A 7' Barbara J. Kirkme er, Chair
y )V;1M �/ (09/25/2000)
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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 receiiving
services or benefits under this Agreement shall be an incidental beneficiary only.
11. Except for the negligence of COUNTY, OWNER shall indemnify and save
harmless COUNTY, its successors, assigns, employees, and agents from any
damage or loss sustained by them or any of them arising by reason of OWNER'S
negligence with respect to the installation or maintenance, or both, of the culvert
on the Subject Property.
12. Except for the negligence of COUNTY, OWNER agrees to protect COUNTY and
save and hold it harmless from any and all third party claims and damages that the
installation or maintenance, or both, of the culvert on the Subject Property may
directly or indirectly cause and hereby release COUNTY, its successors, assigns,
employees, and agents from any and all claims and damages of whatsoever
character to the Subject Property resulting from any act, either on the part of
COUNTY or on the part of any third party.
1 3. It is mutually agreed that the terms and conditions of this Agreement shall extend
to and be binding upon the heirs, executors, administrators, successors, and
assigns of the respective parties hereto, and any subsequent title interest holder of
the Subject Property shall take such title interest subject to the terms and
conditions of this Agreement.
IN WITNESS WHEREOF. the parties have set their hands on the day and year first above
written.
OWNER:
Kenneth L. Wolfg
SUBSCRIBED AND SWORN TO before me this Sf day of August, 2000, by Kenneth L.
Wolfgang.
WITNESS my hand and official seal_+^ ,,,,,,,,,,
Notary Public �.• '- l v• t
My Commission expires: J>/a55/G'2 4' 75 !' j ' v 0
icifittut e,.,0/053 - QJ
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a, STANC"
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