HomeMy WebLinkAbout841363.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT WITH FARMERS EXTENSION DITCH COMPANY
AND AUTHORIZATION FOR CHAIRMAN TO SIGN 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 , the Board of County Commissioners has been pre-
sented an agreement between Weld County and Farmers Extension
Ditch Company, and
WHEREAS, the terms and conditions of said agreement are as
stated in the agreement, a copy being attached hereto and incor-
porated herein by reference, and
WHEREAS, the Board has studied said agreement and deems it
advisable to approve said agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the agreement between
Weld County and Farmers Extension Ditch Company be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 15th day of
October, A.D. , 1984 .
BOARD OF COUNTY COMMISSIONERS
ATTEST` 4a lip+, WELD COUNTY, COLORADO
Weld Count Clerk and Recorder
and Clerk to the Boar Norman Carlson, Chairman
J
D puty County Cl k J=cq line 9hnson, Pro-Tem
APPROV AS TO FORM:
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County A orney uck CarlsofL
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AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of October
1984, by and between the COUNTY OF WELD, State of Colorado, hereinafter called
"County" and the FARMERS EXTENSION DITCH CO. , hereinafter called "Ditch
Company."
WHEREAS, Bridge 17/40A carries traffic over the Farmers Extension
Ditch on Weld County Road 17 between Weld County Roads 40 and 42, and
WHEREAS, the existing bridge restricts the maintenance of the ditch
underneath, and
WHEREAS, the Ditch Company is requesting to replace the existing bridge
with a concrete box culvert to better the maintenance of the ditch.
For and in consideration of the mutual covenants and conditions herein-
after set forth, the parties mutually agree as follows :
1. The Ditch Company will engage a contractor to construct a new
concrete box culvert and upon satisfactory completion, Weld County
will pay the Ditch Company the sum of TWENTY THREE THOUSAND SEVEN
HUNDRED SEVENTY TWO AND 50/100 DOLLARS ($23,772.50) for said
improvements.
2. The new concrete box culvert shall be forty feet long and have
inside dimensions of twelve feet wide and four feet high.
3. All work shall conform to the Colorado Highway Department Standards
M-601-B C1.
4. Weld County will have the right to inspect construction and test
materials used for construction.
5. The Ditch Company acknowledges the shape and size of the new concrete
box culvert will adequately handle waters carried in the ditch and
that no claims will be made against Weld County in the future for
cleaning debris or sediment in the existing ditch or the new concrete
box culvert.
6. The Ditch Company shall notify the County at least ten (10) days
in advance of starting construction for the purposes of coordinating
inspection schedules and road closures .
7. The Ditch Company will keep County Road 17 open to local traffic,
only, from either side of the ditch. No detour through the immediate
construction project area is required. Signing and barricades will be
provided by the County.
8. The Ditch Company and its contractor shall be considered to be
independent contractors with respect to the County. Indemnitor,
Ditch Company, hereby agrees to indemnify Indemnitee, the County of
Weld, from any and all liability, loss , or damage, Indemnitee may
suffer as a result of claims, demands, costs or judgments against
it arising out of the construction or maintenance of the above
described culvert, whether the liability, loss, or damage is caused by,
arises out of, the negligence of Indemnitee or its officers , agents ,
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employees , or otherwise, except for the liability, loss , or damage
arising from intentional torts or the gross negligence of Indemnitee
or its employees while acting within the course of their employment.
9. Parties agree that once construction has commenced time is of the
essence and County Road 17 shall be reopened to through traffic within
thirty (30) days .
IN WITNESS WHEREOF, the parties hereto have duly executed the agreement
and day and year first above written.
FARMERS EXTENSION DITCH CO. BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: CS&I By:
p Title: / Norman Carlson, Chairman
Address : /9 ATTEST0ue APAXAez.,v
Weld County Clerk and Recorder
and Clerk to the Board
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Deputy
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