HomeMy WebLinkAbout991333.tiff RESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR PLACEMENT OF IRRIGATION SPRINKLER
LINE AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY
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 a License Agreement for the Placement
of a Sprinkler Line between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Buildings and Grounds Department,
and the City of Greeley, 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 License Agreement for the Placement of a Sprinkler Line
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of '(k/eld County, on behalf of the Buildings and Grounds Department, and the
City of Greeley 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 2nd day of June, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLO'ADs.
ATTEST: V � „, L A _i✓/ �./� .
p� � .i ale K. Hall, Chair
Weld County Clerk to the B'-rd
1861 Qp CUSED DATE OF SIGNING (AYE)
O,
—:trb- a J. Kirkmeyer Pro-Tem
BY: : ' ( ' .9. r l
Deputy Clerk to the Boa:�� IS L , . ,
Geor. :axter
"ROVE AS TO FORM: /" s
r. J Geile
L?
o ty Attorney AL+
Glenn Vaad—
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LICENSE AGREEMENT FOR PLACEMENT OF IRRIGATION SPRINKLER LINE.
INCLUDING RELEASE OF LIABILITY
AND AGREEMENT TO HOLD HARMLESS AND INDEMNIFY
THIS AGREEMENT is made this , m day of a ne, , 1999, by and between
the County of Weld, a political subdivision of the State of Colorado, by and through the Board of
County Commissioners of the County of Weld, whose address is 915 10th Street, Greeley,
Colorado 80631, hereinafter referred to as "County," and the City of Greeley, a home-rule
municipal corporation organized pursuant to the laws of the State of Colorado, by and through
the Greeley City Council, whose address is 1000 10th Street, Greeley, Colorado 80631,
hereinafter referred to as "City."
WITNESSETH:
WHEREAS, County is currently constructing and will soon occupy a building, to be used
for the Weld County Health Department on Tract D of the Weld County Business Park P.U.D.,
immediately east of the Weld County North Jail, and
WHEREAS, City has installed and maintains a water main within an easement along the
north edge of said Health Department building, on the south side of"O" Street, said easement
being located on the County owned property and being designated and granted by County to City
for such use, and
WHEREAS, County desires to place an irrigation sprinkler line within said water main
easement, parallel and within close proximity to City's water main, and
WHEREAS, City has no objection to said placement of the irrigation sprinkler line, but
desires to obtain release from liability and be held harmless by County for any damages to said
line caused by City personnel while repairing, replacing, or maintaining the City water main.
NOW, THEREFORE, County and City agree as follows:
1. LICENSE TO PLACE LINE WITHIN WATER MAIN EASEMENT: City hereby
grants to County a revocable license to place and maintain its irrigation sprinkler
line within the City's water main easement located along the north edge of the
new Weld County Health Department building, on Tract D of the Weld County
Business Park P.U.D. and on the south side of"O" Street. Said license may be
revoked by City only upon thirty (30) days written notice to County.
2. CO LINTY RESPONSIBILITIES: County shall install and maintain County's
irrigation sprinkler line without causing any damage to the City's water main
within said easement. In the event the City's water main is damaged by actions of
County, its employees, agents or assigns, the County shall immediately repair
Page 1 of 3 Pages
City's water main to its previous operational condition, all at County's expense.
County shall notify City in the event of any damage to the water main. All repairs
to the water main shall be conducted under the supervision of the City..
3. RELEASE OF LIABILITY AND AGREEMENT TO HOLD HARMLESS AND
INDEMNIFY: County hereby voluntarily releases and agrees to hold harmless and
indemnify City, its employees and officers (the"Releasees"), from any and all
claims and liability, past, present or future, for any injury or damage to County's
irrigation sprinkler line to be installed and maintained by County in accordance
with the license granted herein, excepting only any such injury or damage
resulting from the willful and wanton acts of the Releasees.
4. SEVERABILITY: If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced
without such provision to the extent that this Agreement is then capable of
execution within the original intent of the parties hereto.
5. 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 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 an incidental beneficiary only.
6. ENTIRE AGREEMENT: 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
com:ained herein.
7. 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 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. The parties hereto acknowledge and agree that no part of this
Agreement is intended to circumvent or replace such immunities.
Page 2 of 3 Pages
IN WITNESS WHEREOF the parties hereto have signed this Agreement this day of
, 1999.
ATTEST: CITY OF GREELEY, COLORADO
SEE ATTACHED CITY Of
By: GREELEY SIGNATURE PAGE
Betsy Holder, Greeley City Clerk LaVern Nelson, Mayor
APPROVED AS TO LEGAL FORM: APPROVED AS TO SUBSTANCE:
By: By:
Greeley City Attorney Bill Sterling, Director
City of Greeley Public Works
Department
ATTEST: / LA COUNTY OF WELD, COLORADO
-:Zti'L,ti. . 51/L012:—. B
Deputy Clerk to the Board �'E Dale K. Hall, rairman
cij o Board of County Commissi tiers of
lU/ the County of Weld (ow' :'v`rh
APPROVED AS TO LEGAL FORM: APPROVED AS TO SUBSTANCE:
BY: L By: —� �C
W.Od County Attorney Pat Persichino, General Services
Director
Page 3 of 3 Pages
CITY OF GREELEY SIGNATURE PAGE
WITH THE COUNTY OF WELD
RE: LICENSE AGREEMENT FOR PLACEMENT
OF IRRIGATION SPRINKLER LINE
RE: WELD COUNTY BUSINESS PARK P.U.D. , ON TRACT D
ATTEST: THE CITY OF GREELEY, COLORADO
Cerka,> / By.
City C M yor
Approved as to ga orm: Approved as to Substance:
City t r ey City Manager
Availability of Funds:
Director o nance
OFFICE OF THE CITY ATTORNEY
City of'� 1100 10TH STREET,GREELEY, COLORADO 80631 •(970)350-9757•FAX(970)350-9763\
Greeley
May 25, 1999
MAY 2 7 1999 I
Bruce Barker, Weld County Attorney
}
P.O. Box 1948 -=._D COW'.
Greeley, CO 80631 �titi' c'\:E1 r • .
Dear Mr. Barker:
Enclosed please find two original fully executed copies of the Sprinkler Agreement. After adding
your signature, please forward one original back to the City. Your assistance is greatly
appreciated.
Thank you,
a/ ,,��� e./c)
Elizabeth Mattick
Clerical Assistant
Enclosures
SFRVING O O R C O M M C N I T Y - 1 T s A T R A D I 1' I O N
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CITY OF GREELEY, COLORADO
RESOLUTION NO. 20 , 1999
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LICENSE
AGREEMENT WITH WELD COUNTY, COLORADO FOR PLACEMENT OF AN
IRRIGATION SPRINKLER LINE.
WHEREAS, Weld County is currently constructing and will soon occupy a building to be
used for the Weld County Health Department on Tract D of the Weld County Business Park, P.U.D.,
immediately east of the Weld County North Jail; and
WHEREAS, the City has installed and maintains a water main within an easement along the
north edge of said Health Department building, on the south side of"O" Street, said easement being
located on the County owned property and being designated and granted by County to City for such
use; and
WHEREAS, the County desires to place an irrigation sprinkler line within said water main
easement, parallel and within close proximity to City's water main; and
WHEREAS, the City has no objection to Weld County placing said irrigation sprinkler line
within said water main easement, but desires to obtain a release from liability and be held harmless
by Weld County for any damages to said line caused by City personnel while repairing, replacing, or
maintaining the City water main.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GREELEY, COLORADO AS FOLLOWS:
1. The City Council authorizes the Mayor to enter into a License Agreement for
Placement of Irrigation Sprinkler Line, Including Release of Liability and Agreement
to Hold Harmless and Indemnify with Weld County, a copy of said agreement is
attached hereto and incorporated herein by reference; and
2. This resolution shall become effective immediately upon its passage, as provided by
the Greeley City Charter.
PASSED AND ADOPTED, SIGNED AND APPROVED this 18th day of
May , 1999.
ATTEST: THE CITY OF GREELEY, COLORADO
X�'c.�— _ Byy ��Z� ij,�/!/ _i
City Clt ayor
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