HomeMy WebLinkAbout941023.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR DESTRUCTION OF MOBILE HOMES AMONG PLATTEVILLE FIRE
DISTRICT, WILLIAM VON FELDT, AND GWEN DAVIS VON FELDT 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 Destruction of
Mobile Homes among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Platteville Fire District,
William Von Feldt, and Gwen Davis Von Feldt, commencing October 8, 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 Agreement for Destruction of Mobile Homes among the
County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Platteville Fire District, William Von Feldt,
and Gwen Davis Von Feldt 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 17th day of October, A.D. , 1994, nunc pro
tunc October 8, 1994.
p! BOARD OF COUNTY COMMISSIONERS
ATTEST: i `' d !- � v ?j WELD COUNTY, COLORADO
Weld County Clerk to the Board � � !6� ����1'�/W. //Li
Webster, lair an
BY: -L Q �� 1 `n�/WI_G —/ �A
Deputy ,9lerk to the Board Dale-K Ha 1, Pr T m ` /
APPROVED AS TO FORM: /f- e"` �""'A� -`'
/George . Baxter /�
_ /f ,tea--eer/re ,, l`74'.2 -14'..
County At orney —`� `Constance L. Harbert
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
941023
AGREEMENT FOR DESTRUCTION OF MOBILE HOMES
th
T1IS AGREEMENT is made and entered into this I7 — day of
(9c; L , 1994, by and between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of the
County of Weld, 915 Tenth Street, Greeley, Colorado 80631, here-
inafter referred to as "County" ; Platteville Fire District,
303 Main, Platteville, Colorado 80651, hereinafter referred to as
"Platteville Fire" ; and William Von Feldt and Gwen Davis Von Feldt,
23094 WCR 30, Hudson, Colorado 80642 , hereinafter referred to as
"Von Feldts" .
WITNESSETH:
WHEREAS, Von Feldts are owners of real property described as
the West Half of Section 25, Township 3 North, Range 65 West of the
6th P.M. , Weld County, Colorado, excluding the Union Pacific Rail-
road right-of-way reservation, otherwise known as 23094 Weld County
Road 30 , Hudson, Colorado 80642 , and
WHEREAS, located on said property are two mobile homes, ID
numbers K9651241813 and 554312 , which mobile homes are in substan-
tially deteriorated conditions, and
WHEREAS, by virtue of Certificates of Ownership issued by the
Weld County Treasurer on March 18, 1994 , County is the owner of
said mobile homes, and
WHEREAS, given the deteriorated conditions of said mobile
homes , the parties hereto agree that it is in their best interests
to dispose of said mobile homes .
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties hereto agree as follows :
1 . CONTROLLED BURN: Platteville Fire agrees to perform a
controlled burn of said mobile homes on the Von Feldts '
property on October 8, 1994 , weather permitting. Said
mobile homes will be burned in their present location.
The Von Feldts represent that they have taken the
necessary precautions to remove any flammable buildings
or other structures from within close proximity to said
mobile homes . The Von Feldts further represent that they
have buried or otherwise protected from fire all plastic
pipes leading to the septic system located beneath or
adjacent to said mobile homes and that telephone,
electricity, and other utilities which may have extended
to said mobile homes have been turned off or otherwise
removed. If weather prohibits said controlled burn from
taking place on October 8, 1994 , then the parties will
Page 1 of 3 Pages
941023
mutually agree upon an alternative date for the
controlled burn. Platteville Fire represents that it
will perform the controlled burn in a reasonable and safe
manner and in compliance with all local, state, and
federal laws . Platteville Fire agrees to remain on site
to watch for and protect the Von Feldt ' s property from
fire until such time as the property is deemed safe.
2 . BURIAL OF REMAINS AND DEBRIS ON VON FELDTS ' PROPERTY:
The parties hereto agree that County shall, by and
through its Public Works Department, remove the remains
and debris of said mobile homes from their current site
and place said remains and debris in a pit located on the
Von Feldts ' property which lies approximately 75 ' to 100 '
north of the current site of the mobile homes . Von
Feldts take ownership of said remains and debris prior to
its burial and hereby give permission to County to bury
the same upon the Von Feldts ' property. County shall
then cover said remains and debris by pushing in dirt
located immediately adjacent to the pit. County shall be
obligated to remove and place in said pit only the
remains and debris of the mobile homes . County shall be
obligated to cover with the dirt only those portions of
the pit into which the debris and remains of the mobile
homes are placed. Von Feldts represent that they
currently know of no hazardous wastes which may now be
located in said pit where the remains and debris left
from the mobile homes will be placed.
3 . WORKERS ' COMPENSATION: Platteville Fire represents that
all of its employees who will work on the controlled burn
are and will be on October 8, 1994 (and any other dates
necessary to complete the controlled burn) adequately
covered by Workers ' Compensation Insurance to the extent
made necessary by and in accordance with Colorado
statute. Likewise, all County employees who work in the
cleanup of the remains and debris of the mobile homes
left after the controlled burn are and will be on
October 8, 1994 (and any other dates necessary to
complete the controlled burn) adequately covered by
Workers ' Compensation Insurance to the extent made
necessary by and in accordance with Colorado statute.
Neither the employees of Platteville Fire nor the
employees of County shall be considered employees or
agents of the Von Feldts during the course of the
controlled burn and/or the cleanup of the remains and
debris of the mobile homes .
4 . HOLD HARMLESS: Von Feldts hereby agree to hold harmless
Platteville Fire, its officers and employees, and County,
the Board of County Commissioners of Weld County, and its
Page 2 of 3 Pages
941023
officers and employees from any liability due to damages
and injuries which they, their successors, and assigns
may suffer as the result of the controlled burn of the
mobile homes and/or the removal and burial of the remains
and debris of the mobile homes after the controlled burn.
Such damages and injuries may include, but are not
limited to, the unintentional burn of vegetation,
structures, or personal property on the Von Feldts ' real
property.
5 . ENTIRE AGREEMENT: The parties hereto agree that this
Agreement includes the entire agreement between the
parties relative to the subject matter hereto and super-
sedes any other agreements, either written or oral, which
the parties may have entered into prior to the date of
signing hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement/ Ion the date first�� written above.
ATTEST: /�( net 2j , County of Weld, State of
Colorado, by and through the
Clerk to the Board of County Board of County Commissioners
Commissioners of the County'y/ of Weld
BY:Dep VXuty r k ti i o the Board BY: William He d
erg, irk
Platteville Fire District
BY; a-f----t/i7i.474
Glen Miller, Fire Marshall
Gwen Davil$ Von Feldt illiam Vo Fe dt
Page 3 of 3 Pages
941023
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