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HomeMy WebLinkAbout871587.tiff RESOLUTION RE: APPROVE ADDENDUMS TO AGREEMENTS BETWEEN WELD COUNTY AND G.L. HOFF CONSTRUCTION COMPANY 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 , on July 16 , 1987 , and July 17 , 1987 , Weld County entered into construction agreements with G.L. Hoff Construction Company, and WHEREAS, it is necessary to amend said construction agreements in order to comply with Paragraph 7 .5 of the Library Lease Purchase Agreement dated November 23 , 1987 , which Weld County entered into with the Weld County Finance Corporation, and WHEREAS, the Board has been presented with an addendum to each construction agreement, copies of which are attached hereto and incorporated herein by reference, and WHEREAS , after review, the Board deems it advisable to approve said addendums to the aforementioned construction agreements. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the addendums to said construction agreements between Weld County and G.L. Hoff Construction Company be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said addendums . 871587 1-'Ella t 1 C 9 ir C;. r F v Utif f .? Wit. i Page 2 RE: ADDENDUMS TO CONSTRUCTION AGREEMENTS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of December, A.D. , 1987 . cA � BOARD OF COUNTY COMMISSIONERS ATTEST: i' ' 2tiAt te4.44l WELD COUNTY, COLORADO Weld County erk and Recorder EXCUSED and Clerk �to the Board Gordon E. Lacy, Chairman gi ',el BY: //Age,/, wee/ C.W. i em Deputy,County erk EXCUSED APPROVED AS TO FORM: Gene R. �Brantner (9.r 1.�Q7. nt. �Ptt� J.cque 'ne J h s Fes. County Attorney 1�,/if�l'afi Frank amaguchi 871587 ADDENDUM TO AGREEMENT This Addendum to Agreement, made and entered into this 21st day of December, 1987 , by and between the Weld County Board of County Commissioners , 915 10th Street, Greeley, CO 80631 , hereinafter referred to as "Owner" , and G. L. Hoff Company Construction, 803 West 6th Street, Loveland, CO 80537 , hereinafter referred to as "Contractor" . WITNESSETH: WHEREAS , the parties hereto entered into a construction agreement entitled "Standard Form of Agreement Between Owner and Contractor" on July 16 , 1987 , a copy of which is attached hereto and is referred to herein as Exhibit "A" , and WHEREAS, Owner and the Weld County Finance Corporation entered into an agreement entitled "Library Lease Purchase Agreement" , dated November 23 , 1987 , and WHEREAS , in order to comply with Paragraph 7 . 5 of said Library Lease Purchase Agreement, Owner and Contractor desire to amend Exhibit "A" as follows. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree to amend Exhibit "A" as follows: AMENDMENT NUMBER 1 : This agreement shall be fully and freely assignable to the Central Bank of Denver, a Banking Corporation, which is the trustee named in the Library Lease Purchase Agreement, dated November 23 , 1987 . Said assignment may be made without the consent of any other person and said trustee may choose to assume or not to assume this Agreement; and if said trustee does so assume this Agreement, Contractor shall perform the agreements contained herein for said trustee. AMENDMENT NUMBER 2 : Upon the occurrence of a Termination Event, set forth in Paragraph 4 . 2 of said Library Lease Purchase Agreement, the trustee as named therein, the Central Bank of Denver, a Bank Corporation, may terminate this Agreement, and Contractor shall then be entitled to payment only from the amounts available therefore in the Construction Fund as defined on Page 4 of said Library Lease Purchase Agreement, and only for work done prior to such termination. 871587 WHEREFORE, the parties hereto have subscribed their names this 21st day of December, 1987 . 1..., WELD COUNTY COMMISSIONERS ATTEST: a�/�/2" (//y], C.if Weld County C rk & Recorder and Clerk to the and BY: ,lit C. W. El by, P o-Tem BY: i�/G �� Board of County Commissioners Deputy 'County WIZ Weld County, Colorado CONTRACTOR: L. OwnerSubscribed and sworn to m7775 th y of ,leOLI IA.gv , 198t . Notary Public My Commission Expires On: JUN 151M \W 871ST' ADDENDUM TO AGREEMENT This Addendum to Agreement, made and entered into this 21st day of December, 1987, by and between the Weld County Board of County Commissioners, 915 10th Street, Greeley, CO 80631 , hereinafter referred to as "Owner" , and G. L. Hoff Company Construction, 803 West 6th Street, Loveland, CO 80537 , hereinafter referred to as "Contractor" . WITNESSETH: WHEREAS, the parties hereto entered into a construction agreement entitled "Standard Form of Agreement Between Owner and Contractor" on July 17 , 1987 , a copy of which is attached hereto and is referred to herein as Exhibit "A" , and WHEREAS, Owner and the Weld County Finance Corporation entered into an agreement entitled "Library Lease Purchase Agreement" , dated November 23 , 1987 , and WHEREAS, in order to comply with Paragraph 7 .5 of said Library Lease Purchase Agreement, Owner and Contractor desire to amend Exhibit "A" as follows. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree to amend Exhibit "A" as follows: AMENDMENT NUMBER 1 : This agreement shall be fully and freely assignable to the Central Bank of Denver, a Banking Corporation, which is the trustee named in the Library Lease Purchase Agreement, dated November 23 , 1987 . Said assignment may be made without the consent of any other person and said trustee may choose to assume or not to assume this Agreement; and if said trustee does so assume this Agreement, Contractor shall perform the agreements contained herein for said trustee. AMENDMENT NUMBER 2 : Upon the occurrence of a Termination Event, set forth in Paragraph 4 . 2 of said Library Lease Purchase Agreement, the trustee as named therein, the Central Bank of Denver, a Bank Corporation, may terminate this Agreement, and Contractor shall then be entitled to payment only from the amounts available therefore in the Construction Fund as defined on Page 4 of said Library Lease Purchase Agreement, and only for work done prior to such termination. WHEREFORE, the parties hereto have subscribed their names this 21st day of December, 1987 . ci WELD COUNTY COMMISSIONERS ATTEST: i •.e- ,144,\T"icwhdc Lf Weld County C3Qerk & Recorder and Clerk to the and BY: C. 4 Ri y, Pr -Tem BY: �� Board of Count Commissioners Deputy ?fount F rk Weld County, Colorado CONTRACTOR: r gor caner Subscribed and sworn to me is 5 th d y f JA,quisgy , 198,5 . aLe- 17 0,,,. Notary Public My Commission Expires On: JUN 1 51991 Hello