HomeMy WebLinkAbout940594.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR MAINTENANCE WITH TOWN OF KERSEY 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 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 Kersey, with 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 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
Kersey 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 20th day of June, A.D. , 1994.
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BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTYF, OLORADO
Weld County Clerk to the Board // .I(I
H. Webster, C airm
BY: Sit ti
Deputy C rk to the Board Dale/f : Hall, Pro-T
APPROVED AS TO FORM: C. /
George r Baxter Y/L
7/9
ty Attorn y Constance L. Harbert
✓� a � �! e
B 'IJ
Barbb ara J. Kirkmeye
940594
EC Z)033 e : °& , raia , i tn ' rr(i)
AGREEMENT FOR MAINTENANCE
iVtA
HIS AGREEMENT is made and entered into this (72(.1 —day of
i , 1994 , by and between the County of Weld, State
of Co orado, 915 Tenth Street, Greeley, Colorado 80631, hereinafter
refe red to as "County, " and the Town of Kersey, Colorado, by and
through its Town Council, 332 Third Street, P.O. Box 67 , Kersey,
Colorado 80644, hereinafter referred to as "Kersey. "
WITNESSETH:
WHEREAS, County maintains the roadways within the
unincorporated portions of Weld County, by and through its Public
Works Department, and
WHEREAS, Kersey is responsible for maintaining streets and
roadways within its town boundaries, and
WHEREAS, Kersey is in need of maintenance support for Latham
Street (a/k/a WCR 54 1/4 ) , between First Street and the east town
limit, and
WHEREAS, County has in the past had and will have, subject to
appropriation, the resources in the future to perform said
maintenance in accordance with the terms and conditions of this
Agreement.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and
covenants contained herein, the parties hereto agree as follows :
1 . COUNTY AGREES: To maintain Latham Street (a/k/a WCR 54
1/4 ) in the town of Kersey, between First Street and the
east town limit. The term "maintenance" shall include
the following:
a. Blading.
b. Snow removal .
c. Minor gravel replacement.
"Maintenance" does not include placement and replacement
of culverts and road signs .
2 . KERSEY AGREES: To not charge for water used by and sewer
service provided to the Weld County Department of Public
Works maintenance shop located at the corner of Second
Street and Trumble in the town of Kersey.
3 . TERM: This Agreement shall be in effect from its date of
signing to and until December 31, 1994 and shall be
renewed annually for successive one-year periods until
940594
such time as it is terminated as set forth in Section 4 ,
below.
4 . TERMINATION: This Agreement may be terminated by either
party upon providing to the other party written notice of
such termination at least 30 days prior to the projected
date of termination. Notwithstanding the foregoing, this
Agreement shall terminate automatically at the end of any
one-year term upon the non-appropriation of funds by
County for the maintenance as contemplated in this
Agreement. Notice of such non-appropriation shall be
provided to Kersey at the address shown above at least 30
days prior to the end of the one-year term.
5 . NON-ASSIGNMENT: This Agreement shall not be assignable
without prior written consent of County or Kersey,
whichever is the non-assigning party.
6 . MODIFICATION AND BREACH: This Agreement contains the
entire agreement and understanding between the parties to
this Agreement and supersedes any other agreements
concerning the subject matter of this transaction,
whether oral or written. No modification, amendment,
novation, renewal, or other alteration of or to this
Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the
undersigned parties . No breach of any term, provision,
or clause of this Agreement shall be deemed waived or
excused, unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or
consented. Any consent by any party hereto, or waiver
of, a breach by any other party, whether express or
implied, shall not constitute a consent to, waiver of, or
excuse for any other different or subsequent breach.
7 . SEVERABILITY: If any term or condition of this Agreement
shall be held to be invalid, illegal, or unenforceable,
this Agreement shall be construed and enforced without
such a provision to the extent this Agreement is then
capable of execution within the original intent of the
parties hereto.
8 . NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that enforcement of the terms and
conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved
to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in
this Agreement. It is the express intention of the
undersigned parties that any entity other than the
undersigned parties receiving services or benefits under
this Agreement shall be deemed an incidental beneficiary
only.
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IN WITNESS WHEREOF, parties have hereunto set their hand and
seals the date first written above.
ATTEST: l�/ � TOWN F KER EY
BY: 77:4t L i(L w..c_J BY: I n�'
Da Malpiede, Ma or
ATTEST: PILL
COUNTY OF WELD, STATE OF
COLORADO, BY AND THROUGH THE
CLERK T THE BOARD BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY do,m4)
BY: 4,/l_ �-� U✓� �J•C/v'(,L/1)
eputy C W. H. Web ter, Chairman 06/27/94
akersey.gjb
940594
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