HomeMy WebLinkAbout981585.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR IMPROVEMENTS TO WELD COUNTY ROAD 78 AND
AUTHORIZE CHAIR TO SIGN -JAKE HIRSCH III, DBA HIRSCH DAIRY
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 Improvements to
Weld County Road 78 between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Jake Hirsch III, dba Hirsch Dairy, 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 Improvements to Weld County Road 78 between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Jake Hirsch III, dba Hirsch Dairy, 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 26th day of August, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: (..--(712a,.._.‘ .A7 7/be-IL-7
Constance L. Harbert, Chair
Weld County Clerk to e �� I_ W. H. s er, ro-Tem
BY: et
Deputy Clerk to th `s
eorge . Baxter
APP AS ORM:
7----
Dale K. Ha
unty Attor e ni�t A11 t--
arbara J. Kirkmeyer
981585
/ PL1059
Ce Ian �` 04; Fiji 3d)
AGREEMENT
CONCERNING IMPROVEMENTS TO COUNTY ROAD # 78 BETWEEN
JAKE HIRSCH III, D/B/A HIRSCH DAIRY AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this I `� day of Aura,. , 19`ift,by and between
JAKE HIRSCH III, D/B/A HIRSCH DAIRY, whose address is 11283 WCR 78, Eaton ,
Colorado 80615 hereinafter referred to as "Owners," and the County of Weld, a body corporate
and politic of the State of Colorado, by and through its Board of County Commissioners,
hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County found it necessary to extend the culvert and widen County Road 78,
immediately east of the Hirsch dairy operation, and
WHEREAS, Owners were required to enter into a road improvements agreement
pursuant to USR#1091 with respect to the culvert improvements, and
WHEREAS, Owners wish to cooperate with County and have offered to pay V2 of the
project cost which is $1,145.92.
NOW, THEREFORE, the parties herein agree as follows:
1. Owner agrees to pay and the County agrees to accept the sum of$1,145.92 as full
payment of the owners proportional share of the cost of replacing and extending
the culvert which payment shall be due upon execution of this agreement
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall
extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the
respective parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER✓'
ATTEST: , �� BOARD OF COUNTY COMMISSIONERS
` OF WELD COUNTY, STATE OF
COLORADO
CLERK TO THE B!A 1r �
COUNTY COMM lf i
BY: S9 ( 4I BY:L.' %kite/La/
Deputy Clerk to the B �t V , Chairman
HIRSCH DAIRY
11283 Weld County Road 78
Eaton, Co. 80615
May 12 , 1998
Mr. Drew Scheitinga
Weld County Engineer
P.O. Box 758
Greeley, Co. 80632
Dear Mr . Scheltinga ;
Regarding letter received , your number 00008288, regarding
replacemenr of culverts under county rosd 78 . This is the first
invocie we have received on this .
We do not feel we should have to pay for the whole project.
We had agreed to pay for the widening of the road for safety
purposes but not the rusty old culverts . We feel the people who
receive water thru this culvert should pay for the culverts . We
agreed only to the extensions . The invoice we received shows a
total of $2 , 291 . 84. We have agreed to pay one half in the amount
of $1 , 145.92 .
We would appreciate it if you would re-evaluate this charge .
Yours truly,
HIRSCH DAIRY
Hirs III , Owner
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