HomeMy WebLinkAbout980640.tiff RESOLUTION
RE: APPROVE FORM OF AGREEMENT FOR ACCESS TO AND INSTALLATION OF A
STUDY ABSORPTION FIELD AND AUTHORIZE CHAIR 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 the Form of an Agreement for Access
to and Installation of Study Absorption Field which will be between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Health Department, and various individuals requesting the use of a study absorption field, with
terms and conditions being as stated in said form of agreement, and
WHEREAS, after review, the Board deems it advisable to approve the form of said
agreement which is to be used for agreements with various individuals requesting the use of a
study absorption field, 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 form of the Agreement for Access to and Installation of Study
Absorption Field be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement as presented.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of April, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
W EI�1 COUNTY, COLORADO�s
ATTEST:
Constance
► i 1, '�"�'.•: ..,
v ` Constance L. Harb rt, Chair
Weld County •I I/V
fi t'
4 1� ' i ° W. H. ebster, Pro-Tem
BY:
Deputy Clerk o ' tr•��
orge . Baxter
(APP V AS TO FORM:
Dale K. Hall
County At rney LLI&C11
•óamJ. KirkmJt
980640
LC c4 HL' (CP) HL0024
AGREEMENT FOR ACCESS TO AND INSTALLATION OF A STUDY ABSORPTION FIELD
THIS AGREEMENT is made this day of , 199_, by and between
, on
behalf of themselves, their heirs, agents, and assigns, hereinafter referred to collectively as "the
landowner," 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 has allocated certain resources and obtained certain funds to conduct a
study of the use of shredded tires in place of aggregate(gravel) in the absorption field of a conventional
septic system,
WHEREAS, County will assume the cost of installation of a chipped tire absorption field in
return for certain limits on use of the system and the land overlaying the absorption field,
WHEREAS, the landowners own the property described in the attached Exhibit"A" and have
agreed to the location of the absorption field, a sketch of which is shown on the attached Exhibit"B,"
hereinafter referred to as "the absorption field", and the designation of a backup site a sketch of which
is shown on the attached Exhibit "B," and
WHEREAS, the landowners' wish to cooperate with County by providing opportunity for the
County to access and evaluate the performance of the absorption field.
NOW, THEREFORE, the parties herein agree as follows:
1. The parties shall have the respective duties described in the attached Exhibit "C" attached
hereto and incorporated by this reference
2 The County shall not be obligated to carry out the duties described herein, if in each year
of this agreement no money's are appropriated for this purpose, or, with respect to the
landowners property, no suitable location can be found to install a shredded tire absorption
field
3. County and landowner agree that the ISDS system will be installed and maintained in
accordance with the applicable County regulations in place at all times during the course of
this agreement
4. Representatives of WCHD and CDPHE shall be permitted to access the property for the
purpose of collecting environmental samples during ordinary business hours. These samples
may include soil, ground and surface water and effluent from the septic system for purpose
of studying the performance of the system. Results of the sampling and the study shall be
made available to landowner.
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5. The parties hereby agree that neither has made or authorized any agreement with respect to
the subject matter of this instrument other than expressly set forth herein, and no oral
representation, promise, or consideration different from the terms herein contained shall be
binding on either party, or its agents or employees,hereto. This Agreement embodies all
agreements between the parties hereto and there are no promises, terms, conditions, or
obligations referring to the subject matter whereof other than as contained herein.
6. INDEMNIFICATION AND HOLD HARMLESS: Landowner agrees to indemnify against
liability and to save harmless, to the extent allowed by law, County from any liability or
damages County may suffer as a result of claims, demands, costs, or judgements instituted
against County, its agents, employees, invitees, or any person claiming through them, arising
out of landowners, and his or her's agents' or employees' negligence or intentional acts in
the course of installation, inspection or use of the septic system or arising from any
accident, injury or damage,however caused, including the acts and omissions of third
parties,to any person or persons, or to the property of any person, or corporation occurring
during or arising out of the installation, inspection or use of the septic system.
7. APPLICABLE LAW: This Agreement is governed by the laws of the State of Colorado.
Any and all legal action necessary to enforce the Agreement will be held in Weld County,
Colorado, and the contract will be interpreted according to the laws of Colorado.
8. SEVERABILITY: If any term or provision of this Agreement, or the application thereof to
any person or circumstances shall,to any extent, be held invalid or unenforceable, the
remainder of this Agreement, or the application of such terms or provisions, to a person or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Agreement shall be deemed valid and
enforceable to the extent permitted by law.
9. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute
a waiver of any immunities the COUNTY or its officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement .
10. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
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 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 an incidental beneficiary
only.
11. The term of this agreement shall be five years which term may be shortened by the County if
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the study has been completed or, in the case where the shredded tire absorption field had to
be abandoned, the agreement shall be deemed terminated 30 days after the completion and
final inspection of the replacement absorption field or connection with a sanitary sewer
system.
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.
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
199 , by
Witness my hand and official seal.
Notary Public
My commission expires:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOARD OF OF WELD COUNTY, COLORADO
COUNTY
COMMISSIONERS
BY:
BY:
Deputy Clerk to the Board , Chairman
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