HomeMy WebLinkAbout940530.tiff RESOLUTION
RE: APPROVE EXTENSION LETTER AGREEMENT WITH UNION PACIFIC.RAILROAD 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, the Board has been presented with an Extension Letter Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Union Pacific Railroad Company, commencing
September 1, 1994, 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 Extension Letter Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld
County, and Union Pacific Railroad Company 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 6th day of June, A.D. , 1994.
J ' / f/Lot BOARD OF COUNTY COMMISSIONERS
ATTEST: �l rn /V NYE./ G_r/de ? WELD COUNTY, OLORADO
Weld County Clerk to the Board / ��/ ♦ � '
W Wester, hair an
BY: ���►_� .r.
Deputy Clerk to the Board Dale K. Hall, Pro Tem
APPROVED AS TO FORM: George/E.
George/E. Baxter
Coun y Atto ney Constance L. Harbert
Barbara J. Kirkmeye
940530
UNION PACIFIC RAILROAD COMPANY
CONTRACTS&REAL ESTATE DEPARTMENT
R.D. UHRICH UNION J.A.ANTHONY
ASSISTANT VICE PRESIDENT PAC F C DIRECTOR-CONTRACTS&
111111 JOINT FACILITIES
D.D.BROWN
ROOM 1100.1416 DODGE STREET DIRECTOR-REAL ESTATE
OMAHA,NEBRASKA 68179 J.L.HAWKINS
(402)271-3753 DIRECTOR-OPERATIONS SUPPORT
FAX(402)271-5493 D.H.LIGHTWINE
DIRECTOR-REAL ESTATE
EXTENSION LETTER AGREEMENT W. .ULRICH DIRECTOR-BUILDING SERVICES
May 4, 1994
018-61
�I C o
County of Weld County Co
PO Box 758
Greeley, Colorado 80632 o a -- j
.. -
Dear Gentlemen:
Under date of September 17, 1937, Union Pacific Railroad Company ("Licensor") and
County of Weld County, State of Colorado ("Licensee") , or their predecessors in interest
(if any) , entered into an agreement identified in the records of the Licensor as its
Department Number CD-22705, Audit Number 44067, (hereinafter "Basic Agreement") , covering
a underground water pipeline encroachment at Dacono, Colorado, which has or will
expire(d) by its own terms on September 1, 1994.
Effective as of September 1, 1994 it is agreed by and between the parties hereto
as follows:
Subject to the termination provisions contained in the Basic Agreement, the term
of the Basic Agreement is hereby extended for an indefinite term commencing as of
September 1, 1994, and that all the terms and conditions of the Basic Agreement, as
heretofore or herein supplemented and/or amended (if applicable), shall remain in full
force and effect during the extended term.
The Basic Agreement may be terminated by either party on 30 days' written notice
to the other party.
Fiber optic cable systems may be buried on the Licensor's property. Protection
of the fiber optic cable systems is of extreme importance since any break could disrupt
service to users resulting in business interruption and loss of revenue and profits.
Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine
if fiber optic cable is buried anywhere on the Licensor's premises to be used by the
Licensee. If it is, Licensee will telephone the telecommunications company(ies)
involved, arrange for a cable locator, and make arrangements for relocation or other
protection of the fiber optic cable prior to beginning any work on the Licensor's
premises.
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940 530
In addition to other indemnity provisions in this Agreement, the Licensee shall
indemnify and hold harmless the Licensor from and against all costs, liability and
expense whatsoever (including, without limitation, attorney's fees, court costs and
expenses) arising out of any act or omission of the Licensee, its contractor, agents
and/or employees, that causes or contributes to (1) any damage to or destruction of any
telecommunications system on Licensor's property, and (2) any injury to or death of any
person employed by or on behalf of any telecommunications company, and/or its contractor,
agents and/or employees, on Licensor's property. Licensee shall not have or seek
recourse against Licensor for any claim or cause of action for alleged loss of profits
or revenue or loss of service or other consequential damage to a telecommunication
company using Licensor's property or a customer or user of services of the fiber optic
cable on Licensor's property.
This Letter Agreement, is supplemental to the Basic Agreement, and nothing herein
contained shall be construed as amending or modifying the same, except as herein
specifically provided. Please execute this letter indicating your acceptance and return
one copy to me.
Please return a fully executed copy of this Letter Agreement
UNION PACIFIC RAILROAD COMPANY
By4"--4-
�w-) C- Ct-N,JA N
DIRECTOR CONTRACTS
The foregoing Letter Agreement is accepted, approved and executed on this
6TH dry/ay of /// JUNE , 19 94
Witness: /� � __�_/ /�� n //G�� COUNTY OF WELD COUNTY, STATE OF COLORADO
BY: 1 Jfifi .�lK< d JC x ��i� / I(.� ��-T,PA/
DEPUTY CDJRK TO THE BOARD Title: CHAIRMAN, WELD COUNTY BOARD OF
COMMISSIONERS 06/08/94
If you have any questions regarding this letter please contact
Jon E. Devish at (402) 271-2346.
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940530
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