HomeMy WebLinkAbout850539.tiff RESOLUTION
RE : APPROVE AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND
ENERGY OIL FOR GAS LINE LOWERING UNDER PROPOSED WELD
COUNTY ROAD 5 BETWEEN COLORADO STATE HIGHWAY 7 AND
WELD COUNTY ROAD 6 AND AUTHORIZE CHAIRMAN 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, Energy Oil has gas lines within a recorded ease-
ment located across the route of proposed Weld County Road 5
within Section 32 and 33, Township 1 North, Range 68 West of
the 6th P.M. , Weld County, Colorado, and
WHEREAS, the County intends to participate in the construc-
tion of Weld County Road 5, according to the plans and specifica-
tions filed with the Clerk to the Board of County Commissioners
under Weld County Local Improvement District No. 1984-1, which
requires the relocation of these natural gas lines, and
WHEREAS, the parties deem it mutually agreeable that Energy
Oil perform the actual relocation of said gas line and be reim-
bursed for all actual, reasonable expenses incurred in the lower-
ing of said gas line,
WHEREAS, after study and review, the Board deems it in the
best interests of the citizens of Weld County 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 Com-
missioners of Weld County, Colorado, that the aforementioned
Agreement between Weld County and Energy Oil be, and hereby is ,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is, authorized to sign said Agreement.
850539
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Page 2
RE : ENERGY OIL AGREEMENT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 18th day of
June, A.D. , 1984.
� BOARD OF COUNTY COMMISSIONERS
ATTEST: d7 WELD COUNTY, COLORADO
Weld County Clerk and Recorder _
and Clerk to the Board Norman Carlson, Chairman
By: C57q- LK, eo:_K 0
De uty County C'erk J cqu ine o nson, Pro-Tem
APPROVED AS TO FORM:
Gene R. Bra the
X �CyCr7747714-&--PL
Attoey ChPin/
ck Carlson
�T.JT. Martin
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AGRI;. N7fl . ,E_'WEEN CCU?YY C) WELD, STATE OF COLORADO, AND
TNLRGY eIL FOR GAS LIW 1.CLLRINC UNDER PROPOSED
WELD COUNTY ROAD 5 BLTWE;:;N COLORADO STATE HIGHWAY 7
AND WELD COUNTY ROAD G
TEIS AGREEMENT, made and entered into this S day of
, 1984 , by and between THE COUNTY OF
WELD, S_ .E OF 'COLORADO, hereinafter "County, " and ENERGY OIL,
hereinaf r the "Owner. "
WFEREAS , the Owner has gas lines within a recorded easement
located across of route of proposed Weld County Road 5 within
S_C __C2 32 and 33 , Township _ North, Range 68 We5_t of the 6th
?rincipa 2ieridian, located rz the County of Weld, State of
Colorado, and
71-;EP ?AS , the Coanty int::ds to iart_cipate in the construc-
tion of Weld County Road 5 , acoordinri to the plans and specifica-
ti( s, filLd wit_': the Clerk to the ;_.,;.rd of County Commissioners
.nd__ .:._,c. County Local Iigro\ e.. ...c L"_ctrict No. 1984-1 , which
recuiree; -:.e relocation of these r. .t' _:al gis lines , and
S , tha parties do _m i.t .mutually agreeable that the
Cane, . crfor:a t;:e actual rulccat o_: of said gas line and be
reimbursed for all actual, reasonable expe:.s..is incurred in the
lowering or said gas line.
NOW, TIE BEFORE , in consideration of the mutual covenants and
conditions hereinafter set forth, the County and the Owner
mutually agree as follows:
1 . Owner shall he responsib3e for performing all necessary
work to lower the natural gas lines under its ownership or
control crossing underneath the above-described route of Weld
County Road 5 . The work shall be performed and the lines shall
be relocated in a manner so as not to present a hazard to the
public, the employees , or contractors of the County, and in
conformance with applicable state, federal, and local law.
2. The Owner shall furnish the following information
regarding unit cost to the Weld County Engineering Department
prior to commencement of construction: hourly rates, equipment
rates , material unit costs , and costs of gas loss . Rooks and
records documenting these items shall be made available for
County inspection and audit by the Owner during business hours.
3 ... The County shall pay the actual, reasonable costs
incurred by the Owner for the relocation work. This may include
costs of labor, equipment, transportation, materials,
engineering, and loss of natural gas. Owner shall furnish an
2
itemized account of the •actual costs in accordance with the unit
cost previously - submitted and shall make books and records
documenting those costs available for County inspection and audit
during business hours .
4 . The Owner agrees to complete the work on lowering the
natural gas lines on or before
Any controversy or claim arising out of or relating to
this agreement, or the breach thereof, which cannot be resolved
by mutual agreement, shall be settled by arbitration in
accordance with the Rules of the American Arbitration
Association, and judgment upon the award rendered by the
➢. � ' -. :c (s) may entered ina y Court having jurisdiction
thereof.
6 . Owner agrees to indemnify and hold harmless the County,
its agents, employees, and contractors for any and all causes of
action arising from the lowering of the existing natural gas
lines excepting those arising from the negligence of the County,
its agents, employees , and contractors.
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IN WITNESS WHEREOF, the parties hereto have duly executed
the agreement the date and year first above written.
ENERGY OIL
By: ?/#1,42.1-4-Ler,
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BOARD OF COUNTY COMMISSIONERS
ATTEST MEAAf/ WELD COUNTY, COLORADO
anld erkttCthek and Recorder By.,� � a..z —
andd Clerk too the Board
/7 Norman Carlson, Chairman
By: � c' _ 6v .6< 1�
Deputy County Clerk
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