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HomeMy WebLinkAbout941011.tiff RESOLUTION RE: APPROVE AGREEMENT FOR ROAD MAINTENANCE WITH TOWN OF LOCHBUIE 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, the Board has been presented with an Agreement for Road Maintenance between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Public Works Department, and the Town of Lochbuie, commencing October 12, 1994, and ending October 12, 1996, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable 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 Commissioners of Weld County, Colorado, that the Agreement for Road Maintenance between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Public Works Department, and the Town of Lochbuie 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 12th day of October, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: flueMte4 WELD COUNTY, COLORADO / _ Weld County Clerk to the Board // a (l/;�,Q nag H. Webster, C air n BY: e1� k- Dv.L t-LJ\CL Deputy lerk to the Board Dale Hall, rof m APPROVED AS TO FORM: // t r/� -4 Geor e Baxter(7? unty At�trrney - Con tance L. Harbe t Barbara J. Kirkm yer 941011 ed : A&i ; Loci-Ind/6'I C/4��603_3 RECD:`.': not 0 "T 1994 AGREEMENT FOR ROAD MAINTENANCE THIS AGREEMENT, made and entered into this /� day of 6/'-/73,(1Liv , 1994, by and between the Town of Lochbuie, whose address is 0152 Poplar Street, Brighton, Colorado, 80601-6416, hereinafter referred to as "Town" , and the County of Weld, State of Colorado, by and through the Board of County Commissioners in the County of Weld, Colorado, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "County. " WITNESSETH: WHEREAS, Weld County Road 37, south of Weld County 4 and north of Lilac Drive in the Town of Lochbuie, Colorado, is partially owned by Town and partially owned by County. WHEREAS, said roadway is shown on the plat map which is attached hereto as "Exhibit A, " and is herein after referred to as "Roadway, "and WHEREAS, Roadway is in need of maintenance by one or both of the parties hereto, and WHEREAS, agreements between County and other governmental entities are authorized and provided for by Section 29-1-203, C.R.S. and by Section 2-3 of the Weld County Home(( Rule Charter. NOW, THEREFORE, in consideration of the mutiLl promises and covenants contained herein, parties agree hereto as follows : 1 . GRAVELING: County shall gravel Roadway on an "as needed" basis, as determined by joint agreement of the parties hereto. Said graveling shall be done to County standards and shall include those areas of said roadway within the boundaries of the Town. 2 . MAINTENANCE: Town agrees to maintain roadway for the term of this Agreement. The term "maintenance" shall include grading, snow removal, spot graveling (where needed) , and any other maintenance work to keep roadway in a safe condition for travel by motor vehicles . 3. TERM: This Agreement shall be in effect for a period of two years from the date of signing as set forth below. 4 . ASSIGNMENT: This Agreement may not be assigned or transferred by either party. 5 . ENTIRE AGREEMENT AND AMENDMENTS: This written Agreement constitutes the entire agreement between the parties pertaining to 941011 the subject matter stated herein. Neither party may amend this Agreement without the express written consent of the other party. 6 . TERMINATION: This Agreement may be terminated at any time prior to the termination date established in Paragraph 3, above, only upon the express written consent on both parties . SIGNED this /c day of OnJ , 1994 . ATTEST: TOWN OF LOCHBUIE CliAL mayor ATTEST: COUNTY OF WELD, STATE OF COLORADO W. WEBS TER, (airman /9y Page 2 of 2 Pages 941011 NORTHWEST CORNER SECTION 36, 2396. 49' TIN, R66 W, 6th P.M. -..COUNTY. . . ROAD .. NO, -` - - - -- -... -- S 0°0913011E ---- I 236.70' O N89°49'18" L • 238.70' LOC.'I# it/€ N. • M �1• N J L -� r w 0 M } to 150 ao 100 SCALE I" 200' (1- ., I- I- to S III Ii (J) v I Z .S el 5 6 7 0 9 I�, - ---------- L I L A C I� uI I ' 3 q 5 G 7 0 9 - ' -' (ID EXHIBIT A in w •;• `�{„ N, fir• e I11 ,i ) lLI 31 /, I r.'9 I.I ' 2/ r'fi c_• (NI i I 941011 PLUM mEmoRAnDum WIIDC Vicky Sprague To Secretary to the Board ate O t. 10, 1994 COLORADO From • Lochbuie IGA Subject: Attached is the original signed Agreement for road maintenance with the Town of Lochbuie. I believe everything is in order for approval by the Board of County Commissioners. You may wish to check with Bruce Barker before adding it to the Agenda. cc: Town of Lochbuie file 9410 11 Hello