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HomeMy WebLinkAbout860167.tiff RESOLUTION RE: PERSONAL USE OF GRADER SHEDS 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, Weld County wishes to define the rights and obligations of the County and grader operators in use of grader sheds for storage of personal property and personal vehicles, and WHEREAS, an agreement for storage of personal property in Weld County grader sheds by Weld County grader operators, Exhibit "A" attached hereto and incorporated herein by reference, has been developed by the County Attorney, and WHEREAS, the County has no objections to grader operators parking personal vehicles owned by them in grader sheds while performing road maintenance duties for the County if the personal vehicles are not parked in the shed in lieu of the County graders. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County that grader operators living adjacent to County grader sheds may use said grader sheds in accordance with the agreement known as Exhibit "A" attached hereto, if entered into by the County and operator. BE IT FURTHER RESOLVED by the Board of County Commissioners that grader operators may park their vehicles owned by them in grader sheds while performing road maintenance work for the County if the personal vehicle is not parked in the grader shed in lieu of a County owned grader. BE IT FURTHER RESOLVED any personal use of grader sheds by County employees or any other individual except as specified above is prohibited by the Board of County Commissioners. 860167 Page 2 RE: USE OF GRADER SHEDS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of February, A.D. , 1986 . -¢- BOARD OF COUNTY COMMISSIONERS ATTEST � 8:-/--�{,(p yatz,n, WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J cqu in meson, hairman T B e G r y, D putt' ounty rk APPROVED AS TO FORM: Gene R. Brantne rbr County A or y ���//�5��/amOr-1af�� r nk ama 860167 EXHIBIT A AGREEMENT FOR STORAGE OF PERSONAL PROPERTY IN WELD COUNTY GRADER SHEDS BY WELD COUNTY GRADER OPERATORS THIS AGREEMENT , entered into this day of 19 , by and between the Board of County Commissioners of Weld County , Colorado , a body politic and corporate , organized and existing by virtue of the laws of the State of Colorado , and the Weld County Home Rule Charter , hereinafter referred to as "County," and hereinafter referred to as "Grader Operator." WHEREAS , Grader Operator is an employee of the Weld County Road and Bridge Department and operates a road grader, owned by County, which is stored at the following grader shed: and WHEREAS , said Grader Operator lives adjacent to said grader shed, and WHEREAS , Grader Operator wishes to store personal property in said grader shed along with the County Grader which he operates , and WHEREAS , County has no objection to said storage if it is done in accordance with the terms of this Agreement , and WHEREAS , in order to define the rights and obligations of County, and of Grader Operator in the use of said grader shed for storage of personal property owned by Grader Operator, County and Grader Operator have entered into the within Agreement. NOW, THEREFORE , County agrees to allow Grader Operator to store personal property owned by Grader Operator in the shed described above, as long as the following terms are met by Grader Operator: 1 . Neatness That Grader Operator shall keep said grader shed neat and orderly. All personal property which is owned by Grader Operator and stored in said shed shall be placed out of the way of the grader and in such positions that they do not create safety hazards of any kind. 860167 2 . Vehicles Owned by Grader Operator That Grader Operator shall not park any vehicles owned by him in said shed in lieu of the grader. 3 . Indemnification of Loss Occasioned by Storage of Said Personal Property Grader Operator hereby agrees to indemnify County from any and all liability , loss , or damage County may suffer as a result of claims , demands , costs , or judgments against it arising out of said storage of personal property, whether the liability, loss or damage is caused by, or arises out of , the negligence of County or its officers , agents , employees , or otherwise , except for the liability , loss or damage arising from the intentional torts or the gross negligence of County or its employees while acting within the course of their employment. 4 . Term This Agreement will be in effect from the date of signing until terminated by either party with a two-week notice , unless and until County determines that Grader Operator has not abided by the terms of this Agreement , in which case County may terminate this Agreement immediately. IN WITNESS WHEREOF , the parties hereto have hereunder subscribed their names the day and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO. Weld County Clerk and Recorder By: and Clerk to the Board Jacqueline Johnson, Chairman By: Deputy County Clerk GRADER OPERATOR By: SUBSCRIBED AND SWORN to before me this day of , 19 WITNESS my hand and official seal . Notary Public My commission expires : 860167 Hello