HomeMy WebLinkAbout960338 RESOLUTION
RE: APPROVE AGREEMENT FOR PARTIAL LEASE AND USE OF GRADER SHED
PROPERTY WITH WESTERN MOBILE/NORTHERN 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 an Agreement for Partial Lease and Use of
Grader Shed Property located in Rockport, Colorado, between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Western
Mobile/Northern, commencing March 4, 1996, and ending on or about May 31, 1996, 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 Partial Lease and Use of Grader Shed Property located
in Rockport, Colorado, between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and Western Mobile/Northern 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 6th day of March, A.D., 1996, nunc pro tunc March 4, 1996.
BOARD OF COUNTY COMMISSIONERS
\ E WEt2D COUNTY, COLORADO
LA. LIA-tik"
,_ � Barbar J. Kirkmeyer Chair
1&G1
-7z4.1O%
y�y Clerk to the Board
,i"'u eo . Baxter Pro- m
--) •eputy Cler f• the Board
Dale K. Hall
/77
APPROV TO FORM: (`;�j,�T ,, ,�� ✓ ���
Constance L. Harbert
Attorney v7 /A/ L' / 2 -'I )
` c.—H,-Webster
960338
t7L. /lc) tie<,/a/ %tbde. PR0013
AGREEMENT FOR PARTIAL LEASE AND USE OF GRADER SHED PROPERTY
THIS AGREEMENT, is made and entered into this 1/1-1/4day of March, 1996, by and
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado
80631, hereinafter referred to as "Weld County," and Western Mobile/Northern, whose address
is P.O. Box 2187, Fort Collins, Colorado 80522, hereinafter referred to as "Western Mobile."
WITNESSETH:
WHEREAS, Weld County owns real property located in Rockport, Colorado, hereinafter
referred to as "Property", on which sits a Weld County grader shed and which is described as
follows: Two acres in the Northeast corner of that portion of the Northeast quarter of Section 29,
Township 11 North, Range 66 west of the 6th Principle Meridian, Weld County, Colorado, being
more particularly described as follows: beginning at a point on the West R.O.W. line of U.S.
Highway 85, where said line intersects the North line of the East half of Section 29, said point
being the TRUE POINT OF BEGINNING; thence West along said North line of the East half of
Section 29 to the Northwest corner of the Northeast quarter of said Section; thence South 330
feet; thence East to the West R.O.W. line of U.S. Highway 85; thence Northwesterly along said
West R.O.W. line of U.S. Highway 85 to the TRUE POINT OF BEGINNING, and
WHEREAS, Western Mobile has contracted with the State of Colorado to do certain
construction and repair work on U.S. Highway 85, to be completed by the end of May, 1996, and
WHEREAS, Western Mobile is in need of a place to park construction trailers which
shall be used during said construction and repair project, and
WHEREAS, in an effort to cooperate with the State of Colorado in its U.S. Highway 85
construction and repair project, County now desires to lease and allow the use of Property by
Western Mobile according to the terms and conditions as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. PARTIAL LEASE AND USE OF GRADER SHED PROPERTY:
Weld County hereby leases to and authorizes the use by Western Mobile of the
Property for the purpose of parking construction trailers owned by Western
Mobile on the northeast corner thereof during the construction and repair work to
be preformed by Western Mobile on U.S. Highway 85. The parties expect said
construction and repair work to begin during the week of March 4, 1996, and end
on or about May 31, 1996.
Page 1 of 3 Pages
960335
2. PAYMENT FOR LEASE AND AUTHORIZATION TO USE:
Western Mobile agrees to pay to Weld County the sum of$500 for said lease and
authorization to use the Property during the term as set forth in paragraph 1,
above. Said payment shall be transmitted to Weld County no later than March 5,
1996. Said payment shall constitute the entire payment to be received by Weld
County for said lease and authorization to use.
3. CLOSURE OF GATE; MAINTENANCE OF GRADER SHED PROPERTY:
Weld County shall provide to Western Mobile a key to open the lock on the gate
entering onto the Property. Western Mobile agrees to close and lock said gate at
the end of each day. Western mobile understands that the right to use the Property
is nonexclusive. The Property will be accessed by Weld County maintenance
crews periodically through the term set forth in paragraph 1, above. Furthermore,
Western Mobile agrees to keep and maintain the portion of the Property on which
said construction trailers will be parked in a clean and orderly manner. Upon
removal of said construction trailers, Western Mobile shall remove any trash
and/or debris.
4. INDEMNIFICATION:
Western Mobile agrees to save, defend, hold harmless, and indemnify Weld
County, its employees and agents, from liability for any loss, damages, or claims
of whatsoever character, incurred by Western Mobile, its employees or agents, or
third parties, arising out of and by virtue of Western Mobile's lease and use of the
Property as contemplated herein, except if such loss, claims, or damages are
incurred as a result of the negligence of Weld County, its employees or agents.
5. NO WAIVER OF IMMUNITY:
No portion of this Agreement shall be deemed to constitute a waiver of any
immunities of the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care that did not
previously exist with respect to any person not a party to this Agreement.
Page 2 of 3 Pages
960338
SIGNED this Co- day of March, 1996.
.F� 4-11'
UM %7 COUNTY OF WELD, STATE OF
isc1 , r n" COLORADO, BY AND THROUGH THE
rz+" �I I y� U BOARD OF COUNTY COMMISSIONERS
v r �a k_ Y O „ OF THE COUNTY OF WELD
J ;, `kt ty Cler o the Board
BYai.714 u�
I Barbara J. Kirkmey, r, Chai/PJ•3/p6,/q,
WESTERN MOBILE/NORTHERN
By: A:14 i) ✓ ICJ iH
Title acted. tcyti
M:\AGREE\WMOBILE.DB
Page 3 of 3 Pages
960335 a
Hello