HomeMy WebLinkAbout992604.tiff RESOLUTION
RE: APPROVE INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND
AUTHORIZE CHAIR TO SIGN -VALE VIEW DEVELOPMENT COMPANY, LLC
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 Indemnification and Hold Harmless
Agreement 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 Vale
View Development Company, LLC, 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 Indemnification and Hold Harmless Agreement 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 Vale View Development
Company, LLC, 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 27th day of October, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
LTE-LQOUNTY, COL
ATTEST: ALL'
ct t c�cd
► - ' ' t ,a44 Dal K. Hall, Chair
Weld County Clerk to the ? •ary . //
135
BY: o "- arbar J. Kirkmeye Pro- em
Deputy Clerk to thetnn'i!
l� N1 George axer
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APPROVED AS TO FO
M. . Geile
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G6unty Attorn //
Glenn Vaad—
992604
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
This Indemnification and Hold Harmless Agreement is made this 27i- day of Oct , 1999,by
and between Vale View Development Company,LLC,the Indemnitor, and Weld County Colorado,
Indemnitee.
Whereas,Indemnitee has been granted a non-exclusive,perpetual easement with the right to erect,
construct, install,and lay and thereafter use,operate,inspect,repair,maintain,replace,and remove storm
drainage components and road improvements in and across certain real property in Weld County,Colorado;
and
Whereas,Indemnitee on behalf of itself,its successors and assigns has agreed to indemnify and
save harmless the Grantor of the above referenced easement from any claim or demand related to its access
to activities on,and use of the Easement Area,including but not limited to construction,maintenance,use,
or repair of the storm drainage components and road improvements or from environmental damage due to
leakage from and contamination as a result of its construction or use;and
Whereas,Indemnitor desires to undertake certain work within the easement area and is willing to
indemnify the County and its assigns with respect to any damage or claims occurring as a result of such
work in the easement area;
Now,Therefore, in consideration of the cooperation and mutual benefit and covenants, and other
good and valuable consideration,the parties agree as follows:
Indemnitor agrees for itself and for its successors and assigns to fully and completely indemnify
Indemnitee, it's successors and assigns,to include the Town of Mead,Colorado in the event that Weld
County Road 36 comes into its dominion and control, against any and all claims,suits,actions,debts,
damages,costs,charges and expenses, including court costs,expert witness fees and attorney's fees,and
against all liability,losses, and damages or any nature whatever,that Indemnitee shall or may at any time
sustain or be put to by reason of the work to be performed by Indemnitor on the easement aforementioned.
n witness whereof,the parties hereto have executed this Agreement on the date set forth above.
ale Vi:rl D velopmen. Company,LLC County of Weld
Indemni,.r Indemnitee
By: By: Dale K. Hall, Chair ( 10/2
ATTEST: E�
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BY: /� `•,.
Deputy Clerk to the Bo rr U� ; ,l;
992604
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