HomeMy WebLinkAbout993050.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR INSTALLATION AND MAINTENANCE OF CROSSING
STRUCTURE AND AUTHORIZE CHAIR TO SIGN - THE GREELEY AND LOVELAND
IRRIGATION COMPANY
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 the Installation and
Maintenance of a Crossing Structure between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and The Greeley and Loveland Irrigation Company, 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 the Installation and Maintenance of a Crossing
Structure between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and The Greeley
and Loveland Irrigation Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 29th day of December, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, C LO ADO
ATTEST: i *ft )
Dal K. Hall, Chair
Weld County Clerk to the' =o •
BY: - < /
arbar J. Kirkmeyer, r•-Tem
Deputy Clerk to the o
Georgg E. axer
APPROVED AS TO FORM: � a/
-r M. J. Gei e
aunty AttorrT$y
Glenn Vaad2 -- �
993050
EG0038
AGREEMENT FOR INSTALLATION AND MAINTENANCE
OF CROSSING STRUCTURE
THIS AGREEMENT is made thisaLday of Lca , 1999, by and between the
County of Weld, a political subdivision of the State of Colorado, whose address is 915 10t11
Street, Greeley, Colorado 80631, hereinafter referred to as "County,"and The Greeley and
Loveland Irrigation Company, whose business address is 808 23rd Avenue, Greeley, Colorado,
80631, hereinafter referred to as "Irrigation Company."
WITNESSETH:
WHEREAS, County is currently constructing an extension of the Two Rivers Parkway
(WCR 27.5) north of WCR 54, and
WHEREAS, such extension will require the crossing of Irrigation Company's ditch
located in Section 20, Township 5 North, Range 66 West of the 6`h P.M., Weld County, and
WHEREAS, the parties hereto desire to enter into this Agreement for the purpose of
defining their relative responsibilities with respect to such crossing.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the sufficiency of which is hereby acknowledged, County and Irrigation Company
hereby agree as follows:
1. TERM: This Agreement will be effective upon signature hereunder and shall continue
until such time as County is no longer in need of such crossing, or upon abandonment of
said ditch by Irrigation Company, whichever occurs sooner.
2. PAYMENT OF DIRECT EXPENSES: For crossings of its ditches, Irrigation Company
charges the persons or entities constructing the crossing a flat fee to pay for
miscellaneous current and future costs incurred by the Irrigation Company as the result of
the crossings. County has disputed the right of Irrigation Company to charge such fee
when, as in the present instance, the crossing is to be used as a public right-of-way and
the County has previously obtained such right-of-way on either side of the ditch.
Regardless of such dispute, the parties agree that the terms and conditions set forth in this
Agreement shall supercede any fee, assessment, or claim asserted by Irrigation Company
for the crossing which is the subject of this Agreement, currently or in the future. County
agrees to compensate Irrigation Company upon the signing of this Agreement for the
direct expenses it has incurred in the course of reviewing the crossing, including, but
limited to, the following:
a. Legal review : Ken Lind $350
Bill Southard $200
Page 1 of 4 Pages
993050
b. Engineering review: $400
c. Administrative review by
Irrigation Company personnel: (17 hrs. @ $50/hr.) $850
Total: $1,800
Less Engineering costs already paid by County: -$400
Total amount due from County: $1,400
3. INSTALLATION AND MAINTENANCE OF CROSSING STRUCTURE: County
agrees that it shall have sole responsibility for the installation and maintenance of the
crossing structure. The crossing structure contemplated by this Agreement is a concrete
box culvert with concrete abutments. Through its engineer, Irrigation Company has
previously approved the plans for the crossing structure. County shall also be responsible
for the following:
a. Installation and maintenance of rip-rap within the right-of-way at the entrance to
and exit from the crossing structure.
b. The periodic cleaning of silt and debris within the crossing structure. Such
periodic silt cleaning shall be expressly limited to that area within the County
right-of-way and shall occur on an "as needed basis," estimated to be every three
to four years when Irrigation Company cleans the ditch.
c. The temporary installation of a ramp out of the ditch on one side of the crossing
structure and a ramp into the ditch on the opposite side. Such ramps shall be used
by Irrigation Company's contractor or personnel to traverse the right-of-way
(moving around the crossing structure) with its equipment during the cleaning of
the ditch referred to above, and by County personnel to enter the ditch for the
purpose of cleaning the interior of the crossing structure. Irrigation Company
shall provide County with written notice of the need for the ramps at least 45 days
prior to the estimated cleaning date. Irrigation Company shall be responsible to
pay the cost of moving its equipment from the exit ramp across the right-of-way
to the entrance ramp. County shall be responsible for the removal of the ramps
once the cleaning is complete.
d. The installation and maintenance of rip-rap within the borrow pits on either side
of the roadway (within the road right-of-way) immediately north of the ditch,
positioned and in quantity sufficient to significantly reduce or eliminate damage
to the ditch bank resulting from storm water runoff flowing through such borrow
pits.
Page 2 of 4 Pages
4. ACCESS TO TWO RIVERS PARKWAY: County shall provide access to the Two
Rivers Parkway to allow crossing of such right-of-way by Irrigation Company's ditch
rider and maintenance personnel.
5. UTILITY CROSSING REFERRALS: Utility companies seeking to utilize County's
right-of-way to cross Irrigation Company's ditch at or about the location of the crossing
contemplated herein shall be referred by County to Irrigation Company to inquire as to
any requirements imposed by Irrigation Company for such crossing.
6. MODIFICATION OF AGREEMENT: All modifications to this Agreement shall be in
writing and signed by both parties.
7. ENTIRE AGREEMENT/NO THIRD PARTY BENEFICIARY: 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. It is expressly understood and agreed that the 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.
8. ASSIGNMENT: Neither this Agreement nor the rights or obligations hereunder shall be
assignable without the prior written consent of both parties.
9. CONTROLLING LAW: This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
10. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
posses, nor shall any portion of this Agreement be deemed to have created a duty of care
that did not previously exists with respect to any person not a party to this Agreement.
11. SEVERABILITY: If any provision of this Agreement should be held to be
invalid, illegal, or unenforceable for any reason, the validity, legality, and enforceability
of the remaining provisions shall not in any way be affected or impaired thereby.
Page 3 of 4 Pages
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date first
written abov:
/ /
ATTEST: ,AA COUNTY OF WELD, a political
CLERK TO THE :OARD�r�j� I , �,a,, subdivision of the STATE OF COLORADO
COUNTY COMMISSIO -,��
Deputy Clerk to the N 14E Da e . all, Chairman, oard of County
Commissioners of the County of Weld
(g/av/99)
ATTEST: THE GREELEY AND LOVELAND
IRRIGATION COMPANY
By: i.e-z�� t.,u_�e.,-,
rporate Secretary , President
Page 4 of 4 Pages
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