HomeMy WebLinkAbout940024.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR ROAD MAINTENANCE WITHIN THE BOUNDARIES OF THE
GILBAUGH'S APPALOOSA ACRES SUBDIVISION 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 Within the Boundaries of the Gilbaugh's Appaloosa Acres Subdivision
between Ivan and Joanne L. Gilbaugh and Weld County, Colorado, 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 Road Maintenance Within the Boundaries
of the Gilbaugh's Appaloosa Acres Subdivision between Ivan and Joanne L. Gilbaugh
and Weld County, Colorado, 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 3rd day of January, A.D. , 1994.
Y/I/�, // ') / /1 BOARD OF COUNTY COMMISSIONERS
ATTEST: 47 / `'VL: jT WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
W. H. Webster, air n
BY: r y NAY
Deputy Clerk to the Board Dale . Ha , P
APPROVE a TO FORM: c . (AYE)
Georg Baxter
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unty Attorney onstance L. Harber/Affi fr_,.1. / / f.�l�C�yi/F (AYE)
/ Barbara J. Kirk yer O
940024
a : E&; &itt ivGN
AR2369651
AGREEMENT FOR ROAD MAINTENANCE
WITHIN THE BOUNDARIES OF THE GILBAUGH'S APPALOOSA ACRES SUBDIVISION
WELD COUNTY. COLORADO
THIS AGREEMENT, '91e and entered into this 3 — day
of Uem A L, , 19 by and between IVAN GILBAUGH and JOANNE L.
GILBAUGH, whose 2ddress is 20085 WCR 74, Eaton, CO 80615-9213, hereinafter
referred as "First Party, " and THE COUNTY OF WELD, STATE OF COLORADO, by and
through the Board of County Commissioners of the County of Weld, Colorado,
hereinafter referred to as "Second Party" .
WHEREAS, First Party is desirous of entering into a contract with the
Second Party for road maintenance within the boundaries of the Gilbaugh
Subdivision, County of Weld, State of Colorado, and
WHEREAS, First Party is responsible for maintaining the roads within
Gilbaugh's Appaloosa Acres Subdivision in Weld County, Colorado, as required
by the second replat of said subdivision, which was recorded on July 26, 1974
in File #1638 of the Weld County Clerk & Recorders Office, and
WHEREAS, Second Party is agreeable to rendering such services pursuant to
the terms and conditions hereinafter set forth:
NOW, THEREFORE, pursuant to the terms below and in consideration of the
mutual promises and covenants contained herein, it is agreed as follows:
1. That the Second Party, by way of the Road & Bridge Department, agrees
to provide road maintenance, which shall be limited to blading the
roads within the boundaries of the Gilbaugh's Appaloosa Acres
Subdivision four times a year when deemed necessary. Graveling and
all snow removal procedures which includes cindering and sanding are
not a part of this agreement.
2. That the Second Party shall furnish and supply all labor, supervision
and equipment for said services.
3. The First party agrees to pay the Second Party for the services
rendered under this agreement. The agreement shall run from year to
year unless terminated by either the First Party or the Second Party,
providing the party seeking to terminate this agreement gives the
other party ten (10) days written notice. A fee of $250.00 will be
collected for the next calendar year. The First Party will be billed
annually for the road maintenance provided by the Second Party for
the calendar year.
Page One of Two Pages
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F 0037 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
340024
4. The First Party shall indemnify the County, its officers and
employees, against liability for injury or damage caused by any
negligent act or omission of any county employees or agents in the
performance of this agreement, and shall hold the Second Party
harmless from any loss occasioned as a result of the performance of
this agreement.
5. The parties hereto acknowledge that the two roads within Gilbaugh's
Appaloosa Acres Subdivision, Appy Road and Appaloosa Lane, are
considered to be private drives and are not, by reason of this
Agreement, accepted by the Board of County Commissioners of Weld
County, Colorado, for permanent maintenance by Weld County.
6. This agreement shall commence on the date of the signing herein, and
shall continue until December 31, 1994, and shall run from year to
year unless terminated by either the First Party or the Second Party,
providing the party seeking to terminate this agreement gives the
other party ten (10) days written notice.
IN WITNESS WHEREOF, the parties hereto agreg to the terms and conditions
stated forth herein as of this day of Qj , 199.g.
/,/
ATST /ti ' �,+� BOARD OF COUNTY COMMISSIONERS
/ G� WELD COUNTY, COLORADO
Weld County t'Clerk 't�.1kte Board
BY:
BY: Chairman (91/05bs
tity Gler c to the oard prptem
GILBAUGH'S APPALOOSA ACRES SUBDIVISION
I GILBAUGH
BY: A /Ji//32cy J
JOANNE L. GILBAUGH
Page Two of Two Pages
:gilbaugh
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F 0038 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940024
4,40 MEMORAnDUM
WineTo Clerk to the Board Date December 29, 1993
COLORADO From Dave Becker. Road & Bridge Assistant Director 046
subIaorAgenda Item
Please place the following item on the Board's agenda for Monday,
January 3, 1994:
Agreement for Road Maintenance within the Boundaries
of The Bilbauth's Appaloosa Acres Subdivision
Appropriate documentation is attached.
, 1
W
DB/zw:clbd
cc: Commissioner Baxter
Gilbaugh's Subdivision
File
940024
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